YOUNGSTOWN Man asks for leniency, gets prison

The judge said he'd heard the promises before.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Odis Simmons stood before a judge Wednesday and swore that he's gotten smarter since he was last in court.
"I guess with age comes wisdom because I'm getting smarter every day," the 19-year-old Hudson Street man said. "I don't want to go to the penitentiary. I really don't."
Simmons admitted he'd made a mistake when he got caught with marijuana, which was a violation of his probation for an attempted robbery conviction. He promised he'd never make such a mistake again.
Judge James C. Evans said it was a persuasive argument -- when he heard it the first time.
"You convinced me back then to give you another opportunity," the judge said. "But your opportunities have run out."
He sentenced Simmons to 16 months in prison, despite Simmons' repeated pleas to be allowed to remain free on probation.
Assistant Prosecutor Jay Macejko said Simmons robbed a 35-year-old Marmion Avenue woman and stole her car in August 2001.
As part of an agreement with the prosecutor's office, Simmons pleaded guilty to a reduced charge of attempted robbery Jan. 20. He was originally charged with theft and robbery.
Granted probation
The Ohio Adult Parole Authority recommended at the time that he be sentenced to prison, but Judge Evans was persuaded by Simmons and his attorney, Mark Lavelle, to grant him probation.
Macejko said Simmons was found in possession of marijuana in July, which is a violation of his probation.
At Wednesday's hearing, Lavelle again asked that Simmons be kept out of prison and be allowed to serve his time in the county jail instead.
The judge said Simmons has a lengthy record of juvenile crime and is now off to a rough start as an adult.
"Your track record is terrible," he said. "I don't know what it's going to take to get through to you."
The judge gave Simmons credit for 374 days he's spent in the county jail while his case was pending.
bjackson@vindy.com