to S.C. Reporter 12/10/19
DECISION OF THE MAGISTRATE
R. BORCHERT MAGISTRATE
On November 14, 2018, applicant, Denise Paolucci, filed a
compensation application as the result of an alleged assault
which occurred on October 14, 2011.
On January 24, 2019, the Attorney General issued a finding of
fact and decision denying applicant's claim for an award
of reparations since she failed to prove she was a victim of
criminally injurious conduct as defined by R.C.
On February 25, 2019, applicant submitted a request for
reconsideration. On March 11, 2019, the Attorney General
rendered a Final Decision finding no reason to modify the
initial decision. On April 9, 2019, applicant filed a notice
of appeal from the March 11, 2019 Final Decision of the
Attorney General. Hence, a hearing was held before this
magistrate on July 2, 2019 at 10:00 a.m.
Applicant, Denise Paolucci appeared at the hearing, while the
state of Ohio was represented by Assistant Attorney General,
Applicant testified on the day of the incident, October 14,
2011, she went to the Solid Rock Stables, to retrieve two of
her horses after she was informed one of her horses had died.
She stated she arrived on the property with a horse trailer
and was accompanied by Karen Smith and Mr. Myers, to get her
two other horses. Applicant asserted that Nadine VonGunten
refused their admittance to the barn stating only applicant
could enter the bar. At that point, she was attempting to
hook up one of her horses to transport from the facility when
Nadine slammed the stable door on her ankle, breaking it.
Applicant, asserting she is still experiencing pain as the
result of this incident.
Then, Nadine locked her in the stall. After finally leaving,
she attempted to contact law enforcement but they provided no
assistance. She wanted to press charges but no law
enforcement authority or prosecutor's office would assist
Upon cross-examination, the Attorney General inquired about a
report filed by VonGunten. Applicant indicated she was aware
of the report. When asked if there were any legal problems
which would have prevented her from picking up her horses she
stated no. The Attorney General stated failure to pay stable
fees was the reason she was denied picking up her horses,
however, applicant replied she did pay.
The Attorney General cited a police report from the Uniontown
Police Department which reveals that applicant was behind in
her payments to the stable and a lien was placed on her
horses. However, applicant stated this was untrue since she
had paid her stable fees in full. (It should be noted,
applicant submitted an invoice for the payment of the stable
fees, however, the invoice was dated October 18th, four days
after the incident in question).
The Attorney General again referred to the police report,
which characterized this as a civil matter, a breach of
contract. The Attorney General argued any injuries sustained
by applicant incurred when she tried to remove horses, when
there was a lien on them. Applicant denied this was the
Applicant contended that Ms. VonGunten was part of a
horse-theft ring. Furthermore, applicant asserted when Mr.
Myers checked on the dead horse, they came to see the
identifying tattoos present on her horse were not present on
the dead horse presented as her own.
The Attorney General argued applicant attempted to enter the
stable without permission. A police report filed by Ms.
VonGunten reveals a lien was placed on the horses in question
for non-payment. Furthermore, law enforcement determined
there was no evidence of criminal conduct. Applicant
contacted several law enforcement agencies plus the FBI and
all determined applicant was attempted to enter the stable
without permission. Any injuries sustained by applicant were
of her own doing.
Applicant presented a copy of an invoice dated October 13,
2011, for veterinary services provided by Tricia M. Pugh, DVM
in the amount of $260.00, and paid in full. Also, a copy of
an invoice dated October 18, 2011, in the amount of $3,
591.00 to Solid Rock Stable. The invoice noted this was
payment in full. Applicant also submitted a photocopy of a
newspaper article in the Akron Beacon Journal concerning the
theft of two gelding quarter horses. However, no dates ...