AUSTINTOWN — A judge dismissed a domestic violence charge against Emily A. Ciccone, a former Austintown trustee candidate, for an alleged incident with her husband, Mahoning County Clerk of Courts Michael Ciccone, citing a lack of evidence.

Visiting Judge Robert Lavery agreed Tuesday in Mahoning County Court to drop the first-degree misdemeanor at the request of Traci Timko, the special prosecutor in the case.

Frank Cassese, Ciccone’s attorney, said his client is “pleased with the results.”

Ciccone filed Oct. 7 for divorce from her husband and is seeking custody of their three children.

Before the criminal charge was dismissed, Cassese filed several subpoenas, including any communication between Jennifer J. Ciccone, chief deputy clerk of courts, and her husband, Dan Superak, a Poland Township police officer, as well as between Superak and Austintown police Sgt. Chris Collins, both between Sept. 25 – the day of the alleged incident – and Oct. 10 as well as emergency 911 files, police reports and police body-worn camera footage when officers responded to the Ciccones’ house on South Edgehill Avenue.

James E. Lanzo, attorney for Jennifer J. Ciccone and her husband, filed a Friday motion to quash Cassese’s subpoenas.

Potential jurors for the trial were told Tuesday that the matter had been resolved and to not report to court next week.

The Vindicator exclusively reported Oct. 7 that Emily A. Ciccone had withdrawn as an Austintown trustee candidate, leaving five others to run for the two seats on the Nov. 4 ballot.

In a letter to the Mahoning County Board of Elections, Ciccone wrote, “After careful consideration of personal, professional and other relevant factors, I believe stepping down from this race is the most responsible course of action at this time. I remain deeply committed to the values and goals that initially motivated my campaign and to the well-being of our community.”

Ciccone was arrested Sept. 25 on domestic violence for an alleged incident involving her husband, following an argument at their home in Austintown.

She pleaded not guilty Sept. 29 to the charge, paid a $3,500 bond and was released from Mahoning County jail. She was ordered to have no contact with her husband or their three children for the duration of the case.

Michael Ciccone on Sept. 30 filed a civil protection order against his wife for himself and their children. The order required her to surrender her gun and temporarily invalidated her concealed carry permit.

Judge Scott D. Hunter recused himself Sept. 30 from the case, stating the clerk of courts “provides services associated with the operations” of the court. Ohio Supreme Court Chief Justice Sharon L. Kennedy assigned Lavery, a retired Alliance Municipal Court judge, to oversee Ciccone’s case as visiting judge.

County Prosecutor Lynn Maro filed a notice of a conflict Thursday and Timko was appointed the same day as special prosecutor.

Also, Judge Beth A. Smith withdrew from the divorce case on Oct. 7, the day it was filed.

Emily A. Ciccone told officers during her Sept. 25 arrest that her husband “was mad about his life, which ensued into an argument,” according to the police report. She also told police that her husband was “extremely upset” about his parents separating and brought up that the two of them should also separate, the report states.

Michael Ciccone told police he was sitting on the toilet when his wife threw numerous objects at him, including a coffee mug and a Stanley drinking cup, and one of them struck him on the right leg, causing him to bleed, according to the police report. He was treated for injuries to his leg at St. Elizabeth Youngstown Hospital.

Ciccone told police he would need stitches for his injuries and that he wanted to press criminal charges against his wife.

He told police he called Jennifer J. Ciccone to pick him up at his home to “alleviate the current argument,” with his wife becoming “irate” when she heard the conversation, according to the police report.

After noticing the bloody leg, Michael Ciccone told police his wife tried to help him by placing a towel on the injury, and then she cleaned the blood from the floor while he sat in the bathtub to stop more blood from getting on the floor, according to the report.

Austintown police Patrolman Connor Grenier wrote in a report that he saw several red scratches on Michael Ciccone’s forehead and the right side of his neck, which the victim said were caused by his wife.

When police arrived, Michael Ciccone was sitting on the living room couch with blood in the room and he “appeared to be heavily sweating, confused” and had an injured leg, according to the police report.

The couple has three children, with at least two at home at the time of the incident. Their oldest son told police that his mother threw a coffee cup at his father, causing the injury, the police report states. Emily A. Ciccone denied the allegation and then said she did, according to the report.

Jennifer J. Ciccone showed police the broken coffee cup and a blood-stained vacuum cleaner allegedly used to hit Michael Ciccone, the police report states.

The police report said officers responded after Jennifer J. Ciccone called emergency dispatch, saying there was a domestic altercation at the Ciccone home and that Emily A. Ciccone “was threatening to kill the male and the children inside of the residence,” according to the report.

Before the case was dropped, Cassese said his client “intends to offer evidence and argue self-defense in this matter. Defendant intends to put forth evidence that the alleged victim has physically abused her on numerous occasions prior to the incident that occurred Sept. 25. Furthermore, on Sept. 25, the alleged victim physically assaulted the defendant which caused her to act in self-defense.”

Among those she intended to call as witnesses include Jennifer J. Ciccone and her husband.

Mahoning County court records do not show any criminal charges filed against Michael Ciccone.

Grenier wrote in his police report that the interior of the Ciccone home was “in deplorable condition.”