By kalea hall
Any potential criminal charge against the son of a Mahoning County judge will now be decided by a county grand jury.
The felony charge of aggravated assault against John Dellick, 19, of Canfield was dropped at a preliminary hearing Monday.
Dellick now will have to wait for a county grand jury to decide what charge, if any, should be brought against him.
He is the son of Judge Theresa Dellick of Mahoning County Juvenile Court.
Brian Deckert, an assistant Ohio attorney general and a special prosecutor, told visiting Judge Michael Nunner the state would like to dismiss the felony charge.
Deckert said the state “was brought in late” and would like a grand jury to ultimately decide whether Dellick should be charged with a felony or misdemeanor offense.
Dellick’s lawyer, Samuel Amendolara, told Judge Nunner he had no objections to the dismissal of the charge.
Dellick was accused in October 2013 of road rage after an incident on U.S. Route 224 in Canfield Township.
The accuser in the incident told police he yelled at Dellick for throwing a bottle out of his window, and then the two exchanged words.
Dellick reportedly kept hitting the brakes on his Jeep to force the other driver to hit him, according to a police report. When the driver attempted to pass Dellick on Route 224, Dellick rammed into his car, according to a police report. The driver turned on to Stutz Drive and stopped.
The driver said Dellick yelled racial obscenities at him and his wife.
Dellick was arrested and taken to the county jail until he was released after posting bond.
After his arrest, Judge Dellick issued a statement contending her son’s innocence.
Judge Scott Hunter of Mahoning County Area Court here recused himself from the case after he presided over Dellick’s arraignment. Judge Nunner was brought in from Harrison County.
Mahoning County Prosecutor Paul J. Gains asked the five common-pleas-court general-division judges to approve the Ohio Attorney General’s office to supply special prosecutors for the case in November.
Other road-rage incidents in Austintown, Boardman and Canfield involving Dellick came to light, and he was arrested again in early November by Youngstown State University police.
He was accused of threatening a woman on YSU’s campus and charged with aggravated menacing.
His pretrial hearing for that charge is at 10:30 a.m. Feb. 19 in Youngstown Municipal Court.