×

Motion to revoke former councilman’s bond denied, but conditions added

Photo by Emma Delk Former Shadyside Village Council member Nick Ferrelli during a bond revocation hearing on Thursday.

ST. CLAIRSVILLE — Belmont County Eastern Division Court Judge David Trouten denied a motion filed by Eastern Division Prosecutor Joshua Norman to revoke the bond of former Shadyside Village Council member Nick Ferrelli during a hearing Thursday.

Norman alleged that Ferrelli violated his bond conditions that require him to stay 500 feet from the residence of and not to have any “intentional or unwanted contact with” Shadyside Village Administrator Erica Tamburin, who Ferrelli is charged with menacing by stalking.

In December 2023, Ferrelli stepped down after serving six years on council. Ferrelli was charged in April.

Tamburin was called as a witness by Norman to recount her multiple sightings of Ferrelli on June 12 that allegedly violated the bond conditions.

Tamburin said she encountered Ferrelli driving by her “four times in about an hour-and-a-half period” on or near Central Avenue in Shadyside.

Tamburin said that one time when Ferrelli drove past her, he had his “phone up,” which she alleged “looked similar” to when Ferrelli had recorded her “for hours” or taken pictures of her in the past.

“That was the time that stood out to me the most because he stopped and didn’t move,” Tamburin said. “The other times he was moving, his vehicle was circling Central Avenue.”

Ferrelli’s attorney, Ted Tsoras, questioned Tamburin’s recollection of the events of June 12 in comparison to a written statement she gave on June 13 to the Shadyside Police Department about the incident. Tsoras noted that in the written statement, Tamburin alleged that she only encountered Ferrelli twice, with exact time references given for each incident.

In response to Tsoras’ questioning, Tamburin said she referenced encountering Ferrelli two times in the police report because those were the only two times she had photographic evidence of Ferrelli. She added that she “did not say those were the only two times” that she saw Ferrelli on June 12 in her written testimony.

“I was outside two different times, but the one time I was outside, I saw him multiple times,” Tamburin said to Tsoras. “I can see what you’re saying because I say, ‘I went outside of my office twice yesterday,’ but both times I saw him driving past, staring at me.”

Tsoras later questioned whether Ferrelli communicated with her at all on June 12. Tamburin responded that Ferrelli was “just staring” while holding his phone up.

Tsoras then questioned whether Tamburin had any evidence that Ferrelli was taking pictures or filming her beyond “speculation.” Tamburin confirmed this and added that “based on her past experiences with him,” Ferrelli has “held his phone up at me for over an hour at times” when she had encountered him in the past near the Shadyside Street Department.

Following Tamburin’s testimony, Tsoras renewed his motion to dismiss Norman’s motion to revoke Ferrelli’s bond. Tsoras said that in the written statement Tamburin gave on June 12, there was “no mention” of Ferrelli stopping on Central Avenue.

“I don’t know how you stare at somebody if you’re driving by because it’s a split second,” Tsoras said. “As I sit here now, I still don’t know what bond condition the state’s even alleging that my client violated.”

Norman said that Ferrelli exhibited “stalking behavior” on June 12, in that Ferrelli “doesn’t just drive by” but “stops for an extended period of time.”

“It’s the probable photographing or videoing of Ms. Tamburin,” Norman said. “It’s the same type of stalking-related behavior that doesn’t stop. That’s why we’re here.”

Trouten denied Norman’s motion, stating that he did not believe he’d “heard enough” to allow the motion and that there had been “a lot of speculation” during the hearing. Trouten instead modified Ferrelli’s bond conditions to prevent him from being within 200 feet of the Shadyside City Building.

Ferrelli is running for mayor of Shadyside in the upcoming Nov. 4 election. Tsoras noted that the state had wanted to modify Ferrelli’s bond in the past to prevent him from attending council meetings, adding that the “court indicated that they weren’t going to do that.”

Trouten confirmed for Tsoras that the new bond modification would prevent Ferrelli from attending Shadyside council meetings and said this would be allowed due to the trial date being “so close.”

“I haven’t heard enough to revoke his bond, but I have heard enough to understand that the victim has concerns, and I want to make sure that the victim does not have concerns,” Trouten said. “Whether or not they’re valid or not, that will be decided on the 18th by a jury, but until that time, I want to make sure Ms. Tamburin is secure in her mind.”

Tsoras declined to comment on the denial of the bond revocation on Thursday. Ferrelli is set for trial on the matter on Aug. 18.

Newsletter

Today's breaking news and more in your inbox

I'm interested in (please check all that apply)
Are you a paying subscriber to the newspaper? *

Starting at $2.99/week.

Subscribe Today