WARREN Assault lands man back in jail



He stabbed another alternative-sentence inmate seven times with a fork.
By DENISE DICK
VINDICATOR TRUMBULL STAFF
WARREN -- A Howland man granted early release from prison is going back for stabbing another man with a fork while spending time in an alternative-sentence program.
John Neilan, 23, was sentenced in October 1999 to five years in prison after being convicted of involuntary manslaughter and aggravated vehicular homicide in the death of Fred W. Wilkerson of Howland in 1998.
Judge John Stuard of Trumbull County Common Pleas Court granted Neilan early release in January but ordered him to spend six months in the Northeast Ohio Community Alternative Program and six months on house arrest.
NEOCAP is a program for nonviolent offenders.
In June, another NEOCAP inmate accused Neilan of stabbing him seven times with a fork, and Neilan was charged with felonious assault.
Neilan told Judge Stuard in court Thursday that dealing with other inmates "became too much."
Back in prison
Atty. John Fowler, who represents Neilan, said his client will serve the remainder of his prison term, about one year.
He said Neilan will plead Monday before Judge Peter Kontos of Trumbull County Common Pleas Court to a bill of information charging him with aggravated assault, reduced from felonious assault.
Diane Barber, an assistant county prosecutor, said the state would recommend Neilan be sentenced to six months on the assault charge. Barber objected in January to Neilan's early release, saying he should serve at least four years.
The inmate who accused Neilan of stabbing him previously testified the episode occurred shortly after he gave Neilan a food tray.
The inmate said he didn't do anything to provoke the attack and denied having any other problems with the Howland man.