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Judge affirms $30,000 award in Tommie Christmas sex-assault case

YOUNGSTOWN — Mahoning County Common Pleas Court Judge Maureen Sweeney has affirmed the decision of her magistrate, Dennis Sarisky, in awarding $30,500 in damages to Jessica Shobel, the stepdaughter of Thomas “Tommie” Christmas, over allegations in a civil suit that Christmas sexually abused Shobel as a child.

In a Wednesday ruling, Sweeney stated that she independently reviewed the objections filed by attorneys for Christmas and Shobel, as well as a transcript of the trial Sarisky held in the matter. She found that Sarisky “determined the factual issues properly and finds that no error of law appears on the face of the magistrate’s decision.”

Her ruling means that Sarisky’s decision is “adopted and made the action, judgment and order of this court,” the ruling states.

Shobel and her attorney filed the lawsuit in 2022 against Christmas, of Boardman, alleging that Christmas “began to have inappropriate sexual contact” with Shobel around 2003 when she was 7 or 8 years old.” The conduct progressed from there, court documents state.

Christmas denied the sexual abuse allegations, stating that Shobel’s claims were brought in bad faith in an attempt to damage Christmas.

Shobel sought damages of more than $125,000 for alleged childhood sexual abuse and intentional infliction of emotional distress, pain and suffering. The matter went to a one-day jury trial Jan. 20 in Sweeney’s courtroom.

Sarisky presided over the trial, which had eight jurors and two alternates.

Sarisky ruled Jan. 21 in favor of a motion filed by Shobel’s attorney, Kevin Daley for a “directed verdict” in Shobel’s favor. Sarisky later ruled that “after construing the evidence most strongly in favor of the party against whom the motion is directed (Christmas),” Sarisky found that “upon any determinative issue reasonable minds (could) come to but one conclusion upon the evidence submitted and that conclusion is adverse to such party, (Christmas). The court sustains the motion and enters judgment for the plaintiff (Shobel).”

The ruling stated that Shobel was one of the two witnesses to testify in the trial. The other witness was Lisa Weimer. After the testimony of the two women was complete, “the defendant (Christmas) moved for dismissal on the fact that no monetary compensation was requested or presented by the plaintiff (Schobel)” It added, “The court overruled the motion in part but did indicate a limiting jury instruction would be appropriate regarding compensatory damages.”

Christmas, who was represented by two attorneys, Matthew Giannini and Louis Katz, “then rested without the presentation of any evidence,” the ruling states.

The Jan. 21 ruling stated that Sarisky “considered the evidence submitted by the testimony of (Shobel). The court finds the compensatory damages as nominal and (awards) damages in the amount of $50. The court finds that not one medical bill was submitted by the plaintiff (Shobel) and such compensatory damages was just alluded to in her testimony,” the ruling states.

Sarisky’s ruling stated that the $30,000 he awarded to Shobel were noneconomic damages, meaning “harm other than economic loss and includes, but (is) not limited to, pain and suffering, loss of society and mental anguish. The plaintiff (Shobel) had testified to sleepless nights, anxiety, PTSD and suicidal thoughts. The plaintiff had testified to an attempt to commit suicide by virtue of her motorcycle accident,” the ruling adds.

Christmas was part of the reality TV show “Fat N’ Furious Rolling Thunder,” which was filmed in the Mahoning Valley and elsewhere in the 2014-2015 time period.

The show featured Christmas, owner of a Boardman auto repair shop that also fixes up muscle cars and gets them “back on track” and racing “faster than ever,” according to the intro of the Discovery Channel series. Three other men at the shop were also part of the show. Shobel had a small role in the show, Shobel told the Vindicator.

TRIAL TRANSCRIPT

The transcript of the trial provides some insight into how a civil trial alleging sexual abuse works. In opening statements, Dailey told the jurors that the trial “is not a criminal trial. The defendant is not facing jail time. This is a civil case. The question you are going to be asked is whether the abuse happened. And if you believe it happened, whether it caused harm that the law is able to recognize and address.”

Giannini said during his opening statement that the evidence in the trial would show that Christmas was married to Shobel’s mother, and they “lived together for a number of years.”

He said the evidence would show that Shobel and Christmas “had a business relationship later on, that they were together for a long period of time, that she had a close relationship with her mother. But we’re going to show that nothing really occurred.”

Giannini said that there was “never any contact with the Children Services Board. No criminal matters had ever been prosecuted in this case. Nothing occurred. Absolutely nothing. Mr. Christmas made a television show. She was on his show. She was one of the actresses that were on the show. They had a very good relationship.”

Giannini said, “Eventually she was terminated from the show. And later on she filed this lawsuit.” He said the evidence will show that there is no medical evidence or psychological evidence. “It’s going to be the proverbial ‘He said, she said.'”

Giannini said the case is “the word of one person who was terminated from the show on TV.”

In Shobel’s testimony, she said Christmas was her stepfather until she was about 17. She testified to abuse beginning when she was 5 or 6 years old and progressing from there until about age 16 or 17.

She said she eventually told Weimer about the abuse and a police report was filed. The Vindicator obtained a copy of the police report, which was filed in late September 2015. Boardman police said no charges were ever filed.

Under questioning by Giannini, Shobel denied that she was terminated from the television show. The show ended about the same time she was no longer in the show, she said. She filed the lawsuit after that, she agreed.

Weimer testified that she was a child-care provider to Shobel’s younger brother. Weimer testified that she became aware of sexual abuse involving Christmas and Shobel in 2015 when Shobel told her about it. She said she convinced Shobel to tell her mother.

Weimer testified that Christmas told her that Shobel had accused him of abusing her. She said Christmas asked her to help him talk to Shobel, so Weimer arranged a three-way call between her, Shobel and Christmas. Weimer testified during the trial that during the call, Christmas “validated” the allegations Shobel had made against him.

Under cross-examination by Giannini, Weimer agreed that she was never made aware of any criminal charges being filed against Christmas and had never seen him do anything inappropriate.

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