A second lawsuit has been filed by former Ohio State University football player Jim Stillwagon, seeking the release of traditionally secret grand-jury evidence. The suit filed against the Delaware County prosecutor in Common Pleas Court yesterday seeks the transcript of evidence presented two years ago to a county grand jury, which indicted Stillwagon on several felony counts involving a road-rage case. A judge later tossed out the charges, citing a lack of evidence.

A second lawsuit has been filed by former Ohio State University football player Jim Stillwagon, seeking the release of traditionally secret grand-jury evidence.

The suit filed against the Delaware County prosecutor in Common Pleas Court yesterday seeks the transcript of evidence presented two years ago to a county grand jury, which indicted Stillwagon on several felony counts involving a road-rage case. A judge later tossed out the charges, citing a lack of evidence.

Jim McNamara, Stillwagon�s attorney, alleges that his client�s reputation was damaged and he lost $500,000 defending himself due to the intentional misconduct of Delaware police detectives. McNamara said at least two detectives coached and coerced witnesses, destroyed evidence and probably misled grand jurors.

�This was completely cooked up,� McNamara said of the charges that came out of a Sept. 30, 2012, incident between Stillwagon and Richard Mattingly.

McNamara said evidence showed that Mattingly � who later admitted he had been drunk while driving his truck � targeted Stillwagon on his motorcycle, following him aggressively for miles.

As the two turned into a parking lot on William Street in Delaware, Stillwagon fired his Glock handgun at the truck in what he said later was self-defense. He then hit Mattingly with the butt of his gun, and it went off.

Police said at the time that a bullet grazed Mattingly in the head, but a police report indicates that Mattingly left the hospital before a diagnosis could be made.

McNamara said he is convinced that grand jurors heard a different story.

�If they (police) had given them the straight story, including the testimony of Mr. Stillwagon, it�s inconceivable that he would have been indicted in the first place,� McNamara said yesterday.

Delaware government officials declined to comment on the pending litigation.

Stillwagon, 65, filed a civil-rights lawsuit in July in federal court in Columbus alleging false arrest, malicious prosecution, conspiracy, defamation and other claims.

Grand-jury proceedings are secret to protect those serving on the panel. But in rare cases, the evidence presented to the panel is later released to �avoid a possible injustice in another judicial proceeding,� according to the lawsuit.

People still believe that Stillwagon was the assailant in the case, McNamara said.

�There was infinitely more information about him being accused than there was about him being acquitted,� he said. �A part of this is to make clear to everyone we can that he was always innocent and he never did any of these things.�

dnarciso@dispatch.com

@DeanNarciso