Joseph Grove

YOUNGSTOWN — Mahoning County Common Pleas Court Judge Anthony D’Apolito recused himself from continuing to hear a criminal case involving Joseph Grove, 39, in which Grove is alleged to have committed several crimes in the hallway just outside of D’Apolito’s courtroom in the Mahoning County Courthouse on Oct. 1, 2024.

D’Apolito sustained the motion of Grove’s attorney, Aaron Meikle, who asked that D’Apolito recuse himself because of the possibility the incident could make the court proceedings against Grove unfair because of the incident happening near D’Apolito’s courtroom.

The motion argued that “From the defendant’s perspective, proceeding to trial under these circumstances raises a reasonable concern that: (1) the Court may be perceived as having an institutional interest in the matter; (2) the jury may infer that the Court has. heightened concern or stake in the proceedings due to the location of the alleged offense; and (3) the overall fairness of the proceedings may be questioned by an objective observer.”

It adds that Grove “does not allege actual bias or prejudice on the part of Judge D’Apolito,” but recusal “would eliminate any concern, whether real or perceived, regarding impartiality and would promote confidence in the fairness of the proceedings.”

The incident occurred after an attorney meeting involving Grove in another criminal case. A Mahoning County sheriff’s deputy filed a report stating that while Grove was in the courtroom, Marquia Burroughs, now 35, the mother of Grove’s child, quickly exited the courtroom stating that she was going to the bathroom and re-entered seconds later.

The deputy suspected this was an attempt to leave drugs for Grove to pick up and went into the hallway to look on the elevator floor. Just then a fellow deputy came through the courtroom door into the hallway with Grove as the first deputy saw a pack of gum on the floor in the hallway and tried to step on it to prevent Grove from getting it.

Grove grabbed the first deputy’s leg and tried to take the deputy down. The two deputies worked to control Grove as other deputies came to assist. The incident was captured on surveillance video that was provided to the news media.

Grove and the drugs were secured, and another deputy found Burroughs and her child in a parking lot across Front Street from the courthouse and took her into custody with a family member arriving to take custody of the child.

Grove, of Youngstown, faces felony charges of illegal conveyance of prohibited items onto the grounds of a detention facility, tampering with evidence, assault and obstructing official business, as well as misdemeanor attempted drug possession.

In March, Burroughs, 35, pleaded guilty to her charges but was allowed to enter the treatment-in-lieu- of-conviction program, which will allow her to participate in outpatient mental health counseling and substance abuse while having no contact with Grove.

If she is successful in her treatment, her charges will be dismissed.