YOUNGSTOWN Twin will serve time in killing of brother

Only an emotional plea from the defendant's parents spared him from going to prison before.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- When James Malik pleaded guilty to stabbing his twin brother to death three years ago, Judge R. Scott Krichbaum gave him a break and a promise.
The break was placing Malik on five years' probation instead of sending him to prison. The promise was that if Malik violated terms of his probation, the break was over.
Judge Krichbaum kept that promise Tuesday by sending Malik to prison for five years.
"The rule in this court is very simple," the judge said. "If you violate your community control sanction, you're going to the penitentiary."
Malik, 35, of Laurie Drive, Austintown, pleaded guilty in October 1998 to voluntary manslaughter. The charge was reduced from murder in a plea agreement with prosecutors, who said Malik stabbed his brother, Robert, in a drunken brawl over a beer.
Pleas from parents: He could have been sentenced to three to 10 years in prison then, but the judge was moved by emotional pleas from Malik's parents, who begged for probation because they did not want to lose another son.
Malik had no violations until earlier this month when he was arrested in Trumbull County and charged with selling Valium from his girlfriend's apartment.
At Tuesday's hearing, Malik's attorney, Maridee Costanzo, did not dispute that he had violated terms of his probation. She commended Judge Krichbaum for imposing only a five-year sentence when he could have hit Malik with up to 10 years.
"He exercised judicial restraint today and I'm grateful for that," Costanzo said. "I'm satisfied with the result."
Judge Krichbaum said he could also have imposed the minimum term of three years, but didn't feel that was enough, so opted for the middle ground.
According to Vindicator files, the brothers, born six minutes apart, were boxing partners since age 8, with Robert being the more aggressive of the two.
They had consumed a large amount of beer and whiskey at Robert's home in June 1998 before getting into a fight over a beer.
As James tried to leave, Robert attacked him and a brawl ensued. As Robert beat on his brother with a pair of hubcaps, James pulled out a utility knife to defend himself.
When police arrived, they found James holding a rag to a wound on his brother's chest in an attempt to stop the bleeding.
"This was just a sad, sad case," Costanzo said.
bjackson@vindy.com