Teens get maximum sentence

Both defense attorneys quickly dismissed talk of racially motivated justice.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Seeing James Goins and Chad Barnette sent to prison for more than 85 years for the brutal robberies of three city residents brought relief to the victims and their families.
"They'll never hurt anyone again," said Lou Sovak Olenick, a daughter of victim William Sovak.
But for the defendants' mothers, relatives and friends, the sentence brought shock, grief and disbelief.
"These boys didn't even kill nobody and they got that much time," said Goins' uncle, Martin Walker. "That's a lot of time. It's not fair the way [the courts] treat young black kids."
Martin and Goins' mother, Sheila Spivey, said they believe the sentence was unduly harsh and was racially motivated because the defendants are black and the victims are white.
But attorneys Damian Billak and Mark Lavelle, who defended Goins and Barnette respectively, disagreed. Though both were surprised and disappointed at the maximum sentences handed down Wednesday morning by Judge R. Scott Krichbaum of Mahoning County Common Pleas Court, they immediately discarded the race issue.
"I think [Judge Krichbaum] is as colorblind as anyone I've ever met when it comes to that," Lavelle said. "I'm confident that race is not an issue here."
Billak said the jury that convicted Goins and Barnette last week was racially diverse, including five black members and seven white members.
Beatings, robberies: Goins and Barnette broke into the Miller Street home of William Sovak, who was 83 at the time, brutally beat him, left him to die in a locked fruit cellar and robbed his home in January 2001.
That same day, they broke into the home of Louis and Elizabeth Luchisan of Marmion Avenue, beat them and robbed them. Mrs. Luchisan was in the courtroom for sentencing but did not speak and did not comment afterward. She said her husband was unable to attend.
Assistant Prosecutor Timothy Franken said the defendants took more than possessions from Sovak and the Luchisans.
"They took away their sense of security and safety," he said.
Olenick said her father was so badly injured from the beating that he had to sell his home of 42 years and move to a nursing home. Sovak testified during the trial but did not attend the sentencing.
Judge's remarks: Judge Krichbaum said the brutality of Sovak's beating was beyond his comprehension.
"I don't know how you guys could do what you did to that man," he said.
Lavelle and Billak pleaded for mercy and shorter sentences for their clients, who are both 17 but were tried as adults. They were found guilty of multiple counts of attempted aggravated murder, felonious assault, kidnapping, aggravated robbery and receiving stolen property.
"I can't feel any sympathy for you," Judge Krichbaum said. "I can't feel anything but contempt for what you've done."
Lavelle and Billak said they'll appeal the conviction and sentences.
bjackson@vindy.com