Columbus Mayor Andrew Ginther is not being charged with a crime for a phone call he made to a Franklin County judge last year in which he asked her to rule in the city's favor in a case involving a Greyhound bus station.
Special Prosecutor and Whitehall City Attorney Brad Nicodemus announced his decision Wednesday not to charge Ginther in an email statement. Nicodemus spent the better part of the last year investigating whether a call Ginther made to Franklin County Environmental Judge Stephanie Mingo warranted the charges.
Nicodemus said the circumstances of the call "do not support a finding of probable cause for charges of obstruction of official business nor interference."
In December of last year, Mingo told attorneys in the city's lawsuit against the problematic West Side bus station that she received a voicemail on Oct. 10, 2023 from Ginther asking Mingo to speak with him, but he did not mention the subject matter.
Mingo said she eventually was able to connect with Ginther on Oct. 11 and spoke to him on her cell phone. She said to the best of her recollection, Ginther told her the following: "I know you care about the community. I care about the community. This Greyhound station is a problem for the community. We really need to do the right thing for the community and shut it down."
In the period between the phone call and Mingo making the call public, Ginther won reelection.
Mingo also recused herself from the case. Retired Circleville Judge Gary Dumm took over the case.
Nicodemus told WOSU that Ginther didn't intend to prevent, obstruct or delay any officials in doing their duties. He said to obstruct the civil rights of the bus companies, Ginther would have to have the authority to make a decision in the trial itself.
"The phone call was to the judge about the trial going on. Mayor Ginther does not have the authority to in that trial to make a determination in that trial that rested solely with Judge Mingo and later with visiting Judge Dumm," Nicodemus said.
When asked about whether Ginther was trying to influence Mingo's decision, Nicodemus said he didn't find evidence of that.
"There is no indication that there was anything to influence the decision reported in the transcripts that everybody's seen from Judge Mingo. (Ginther) was sharing his opinion that the bus line was a problem and he wanted the court to close it," Nicodemus said.
Ginther's political rival Joe Motil, who lost to Ginther in the 2023 election, filed the criminal complaint. The phone call took place before the election, but Mingo declined to identify Ginther as the elected official who called her until after the election.
Motil alleged Ginther violated not only the bus company's civil rights by trying to interfere in the case, but also his own civil rights for allegedly trying to influence the election and the civil rights of Columbus voters.
Motil told WOSU he disagrees with Nicodemus's decision. He sued in court unsuccessfully to try and get Nicodemus removed from the case.
"I think the logic of a decision is not sound. I mean, Ginther obstructed justice and he violated the constitutional rights of the parties by contacting Judge Mingo. And in my opinion, the decision appears to be political biased in favor of Ginther. And this means that now the mayor is free to interfere with any pending cases," Motil said.
Motil called Nicodemus's reasons for not charging Ginther "laughable."
Ginther has maintained for months that what he did was not criminal, and has defended his choice to call Mingo.
Ginther issued a statement after the news broke.
"An extensive legal analysis and thorough review is now complete. I continue to be focused on best serving the people of Columbus and public safety will remain my top priority," Ginther said.
Motil said he will continue to try and hold public officials like Ginther accountable, but he does not have immediate plans for any legal challenges on this decision.
