MANSFIELD — Former Butler Mayor Wesley Dingus will not face a jury of his peers in the case of alleged voyeurism filed against him in Mansfield Municipal Court.
Dingus, who had a jury trial scheduled for Wednesday, filed a motion Tuesday afternoon to waive his right to a jury.
The case will instead go to a bench trial, meaning a judge will decide his innocence or guilt.
The identity of that judge has yet to be determined.
Mansfield Municipal Court Judge Michael Kemerer, assigned the case in February, granted a motion Wednesday morning to allow a visiting judge to preside over the case.
Attorneys for both Dingus and the Mansfield Law Director’s Office, representing the prosecution, filed the request as a joint motion Tuesday afternoon.
The parties stated they were seeking a visiting judge to eliminate the appearance of any potential conflict and ensure a just resolution in the case. They cited the fact Dingus previously served as an elected official affiliated with the same political party as Kemerer.
Kemerer said the court reviewed the motion “at great length” Tuesday night and opted to grant the motion.
“While I do not personally feel I’m conflicted in this matter, it being a joint motion from both the defense and the prosecutor, I believe, Rule 2.11 is very clear,” Kemerer said Wednesday, citing the Ohio Code of Judicial Conduct.
That rule states “a judge shall disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned.”
“It is not a may; it is a shall. So I shall recuse myself from this matter,” Kemerer said, addressing the media in his courtroom Wednesday morning.
The visiting judge will be assigned by the Ohio Supreme Court. After that, the parties will agree to a date for the bench trial.
“People charged with crimes have the right to a jury trial. They also have the right to a bench trial,” said Robert J Sharp III, first assistant law director. “How and why those rights are exercised are usually trial strategy exercised by attorneys.”
“In this instance, defense attorney Jim Mayer had withdrawn his request for a jury trial on this matter, requested a bench trial on the matter,” Sharp added. “Once that was done, we spoke about the case and decided it’d be in everybody’s best interest to get a visiting judge appointed to this case.”
Sharp said there is no allegation any conflict or bias exists between Kemerer and the parties involved in the case.
“But as the judge mentioned, purely the appearance alone is enough to kind of make that request,” he added.
Dingus case involves two charges of misdemeanor voyeurism
The case against Dingus was filed on Feb. 17, after an investigation by the Richland County Sheriff’s Office.
Dingus pleaded not guilty to two counts of misdemeanor voyeurism two days later.
The prosecution alleges Dingus sniffed the previously worn underwear of a minor relative in his care. Both instances were recorded by a small video camera, according to a Richland County Sheriff’s Office report.
According to Ohio Revised Code 2907.08, “No person, for the purpose of sexually arousing or gratifying the person’s self, shall commit trespass or otherwise surreptitiously invade the privacy of another, to spy or eavesdrop upon another.”
Magistrate John McCollister allowed Dingus to be released after posting 10 percent of his $10,000 bond. He also ordered Dingus to have no contact with the alleged victim in the case and wear an electronic monitoring device.
Sharp said he believes the case will not include further delays once the Ohio Supreme Court appoints a judge.
Dingus is also facing a federal civil rights suit and criminal charges in Richland County Court due to an unrelated incident, when he allegedly ran over a man fleeing police with his car in July 2025.
A jury trial in the county court case has been set for November. A court date has not been set for the federal case.
Dingus was appointed mayor of Butler in 2022 and successfully ran to retain his seat the following year. He resigned from his post a week after voyeurism charges were filed against him.
Dingus and his attorney, James Mayer III, were not present in the courtroom Wednesday. Mayer did not return a message left requesting comment by the time of publication.
