LISBON –A visiting judge Friday found that a former East Palestine police officer accused of allegedly making threats against a judge, the prosecutor’s office and three others had his competency restored, but now must be evaluated regarding his sanity at the time of the offenses.

Matthew Elser, 45, Market Street, Columbiana, appeared for the hearing via video from Heartland Behavioral Healthcare in Massillon, with retired Tuscarawas County Common Pleas Court Judge Edward O’Farrell presiding in Columbiana County Common Pleas Court.

Elser’s appointed defense attorney, Rhys Cartwright-Jones, was present in the courtroom, along with attorney Edward A. Czopur, who was assigned as special prosecutor for the case.

In October, Elser was ordered hospitalized at Heartland after O’Farrell found he was not competent to stand trial, noting that he was not capable of understanding the nature and objective of the legal proceedings against him and not capable of assisting in his defense of the criminal charges.

At that time, O’Farrell also found a reasonable probability that the defendant could be restored to competency to stand trial within the six-month time period allow by law. At the time, he said the time period was one year, but corrected that entry this week.

O’Farrell explained that the court received a competency restoration report on Wednesday. He said it was the opinion of the examiner that Elser was currently capable of understanding the nature and objective of the legal proceedings against him and was capable of assisting in his defense.

Both attorneys stipulated to the finding that Elser was now competent.

O’Farrell ordered the sanity evaluation be conducted and ruled that Elser will remain at Heartland as a condition of his $100,000 cash or surety bond. The judge explained to Elser what was happening.

O’Farrell was assigned by the Ohio Supreme Court to handle the case due to conflicts cited by Common Pleas Court Judges Scott Washam and Megan Bickerton. The Columbiana County Prosecutor’s Office also cited a conflict, resulting in Czopur’s appointment as special prosecutor.

Charges against Elser include one count third-degree felony intimidation, four counts of third-degree felony retaliation, one count third-degree felony intimidation of an attorney, victim or witness in a criminal case, and misdemeanors of five counts telecommunications harassment, five counts aggravated menacing, and one count unlawful restraint.

According to the indictment, the unlawful restraint charge dates back to Oct. 10, 2024 when Elser allegedly restrained a woman of her liberty at a house in Columbiana. An affidavit filed in county Municipal Court regarding the incident alleged he was drunk and throwing the woman’s phone, restricting her from getting up off of the couch by standing over her. He also allegedly grabbed her phone and threw it, breaking a window, and in order to escape she had to allegedly slap him. When she tried to regain control of her phone, he wouldn’t give it back and she fled to a neighbor’s house to call police.

He was charged with the unlawful restraint in county Municipal Court and while that case was pending, on June 24, 2025, the victim in the case came to the police station in Columbiana to report receiving multiple unwanted phone calls from Elser. The police affidavit noted that “the victim states that in these messages the defendant threatened to kill her, her family members, and the judge and prosecutor of his case.” At that time, one count of misdemeanor telecommunications harassment was filed. The judge in question was county Municipal Court Judge Tim McNicol. The indictment was served on Elser in July 2025 with those charges plus additional charges.

County Prosecutor Vito Abruzzino confirmed that Elser previously worked as a police officer for the East Palestine Police Department and briefly with the Perry Township Police Department.

Most of the charges stem from June 24, 2025 although there were two charges from June 25, 2025 and the one from Oct. 10, 2024. Besides allegedly knowingly causing McNicol to believe he would be harmed, Elser also allegedly knowingly caused the Columbiana County Prosecutor’s Office to believe he would cause harm to the county Prosecutor’s Office or property of the county Prosecutor’s Office. He also allegedly threatened the victim from the first case and two others.