YOUNGSTOWN Judge acts on forgotten charges

An assistant city prosecutor wants jail time served consecutively, not concurrently.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- Municipal Judge Robert P. Milich has blown the dust off Zachary Howell's six cases -- the gun, drug and loud music charges that lay dormant in his court more than a year -- and dismissed three of them.
The judge bound one old felony case over to a Mahoning County grand jury, which rejected it last week. In a plea agreement, Howell pleaded no contest to the two remaining misdemeanors and will be sentenced in January.
When The Vindicator first reported on Howell's forgotten cases in July, the judge admitted the fault was his and said the time had likely passed to prosecute. Unless the time limit is waived, which it wasn't, Howell should have come to trial within 270 days on his felony charge and 90 days on his misdemeanors.
At the time, the judge said the cases slipped through the cracks and pointed out the need for someone to oversee case assignments. The court has since hired an assignment officer.
Judge Milich had done nothing with the six cases -- illegal possession of a firearm, drug abuse and two counts each of improper handling of a firearm in a motor vehicle and loud music -- since Oct. 5, 2000. On that day, he held a hearing on a motion to suppress evidence in the loud music charges and took the matter under advisement but never rendered a decision.
The felony illegal possession of a firearm charge required a preliminary hearing to bind it over to a grand jury. Howell, 25, of Youngstown, didn't appear in July 2000 for the hearing and another one wasn't scheduled, records show.
Latest arrest: While the six cases from May and June 2000 went untouched in Judge Milich's court, Howell was arrested again June 25, 2001, and charged with carrying a concealed weapon. Municipal Judge Elizabeth A. Kobly bound the case over to a grand jury.
In August, the grand jury indicted Howell on the new gun charge. His trial is set for Jan. 30 in common pleas court.
While indictment on that charge was pending, Howell's lawyer, Thomas E. Zena, filed a motion asking that Judge Milich continue to hold the six old cases. The judge agreed to do so.
Since then, the cases have been reset four times for a status conference.
The judge acted on the charges Nov. 30, when plea agreements were worked out between Zena and Anthony J. Farris, an assistant city prosecutor.
Zena could not be reached.
Dispositions: Court records show the following dispositions of Howell's cases:
UImproper handling of a firearm in a motor vehicle (May 27, 2000, arrest) -- pleaded no contest. Sentencing set for Jan. 9.
ULoud music in a motor vehicle (May 27, 2000, arrest) -- dismissed.
UDrug abuse marijuana (May 27, 2000, arrest) -- dismissed.
UImproper handling of a firearm in a motor vehicle (June 18, 2000, arrest) -- dismissed.
ULoud music in a motor vehicle, third conviction (June 18, 2000, arrest) -- pleaded no contest. Sentencing set for Jan. 9. A third conviction carries a mandatory $600 fine and mandatory forfeiture of the sound equipment. The judge may also impose up to 60 days in jail.
UIllegal possession of a firearm due to a prior conviction (June 18, 2000, arrest) -- bound over to a grand jury. Rejected.
Farris said the time issues weakened prosecution of the cases but he salvaged what he could.
Farris has recommended to Judge Milich that Howell be sentenced to 30 days in jail on the improper gun handling charge and that the time be served consecutively with any other sentence he may receive.
"I wanted to make sure the sentence didn't run concurrent with any felony sentence he may get at common pleas court," Farris said.
meade@vindy.com