Trial date set for Hamilton councilman charged with domestic violence

Credit: DaytonDailyNews

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Trial date set for Matthew Von Stein

Credit: DaytonDailyNews

A 2019 trial date has been set for a Hamilton City Council member charged with misdemeanor domestic violence.

Matthew Von Stein, 41, of Glenway Drive, was in Hamilton Municipal Court today, where Visiting Judge Harry Zornow set a jury trial for Jan. 28.

FIRST REPORT: Hamilton councilman charged with domestic violence

Because Von Stein is an elected official, Hamilton Municipal Court Judge Dan Gattermeyer has recused himself from the case. A Special Prosecutor, Dan Haughey, was also appointed to try the case.

Von Stein first appeared in court in September and was released on his own recognizance. A temporary restraining order was also issued.

Matthew Fritsch, Von Stein’s attorney, said during today’s hearing that attempts to resolve the case were not successful and requested the jury trial.

“On or about Sept. 25, Matthew Vonstein (sic) punched his wife, Nicole Vonstein (sic) in the face striking her nose. The victim had a red mark on her nose,” according to the complaint filed by police.

On the arrest warrant it states, “Victim advised that she and the suspect got into an argument, the suspect got in his car to leave. The victim advised she went to stop him and the suspect punched her in the face, striking her nose.”

Von Stein, a Democrat, was elected as a first-time candidate to a four-year term in November 2015. He has not responded to requests for comment.

Fritsch declined comment after the hearing.

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The police report indicates the alleged incident occurred at about 7 p.m. Sept. 25 at the couple’s home.

In her witness statement, Nicole Von Stein stated, “we were with friends. They left then he went in and came out and got into his car. I went up to his car and asked him where he was going. He punched me in the face and left.”

Nicole Von Stein attended today’s hearing, but left the courtroom with a victim’s advocate and declined to comment.

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