YOUNGSTOWN Man seeks early release in shooting case

Prosecutors won't oppose Frank Howley's request for early release from prison.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- The man who gave Martin L. Koliser Jr. his car keys after Koliser is alleged to have shot another man outside a West Side bar says he is ready to get out of prison.
Frank Howley Jr., 22, of Donald Avenue, is serving an 18-month prison sentence for obstructing justice. He pleaded guilty in June and was sentenced in July by Judge James C. Evans of Mahoning County Common Pleas Court.
His lawyer, Michael Gollings, filed a motion Monday asking that Howley be granted judicial release, formerly known as shock probation. Prosecutors won't oppose the request, said assistant prosecutor Jay Macejko.
Authorities say Howley and three other men hampered police efforts to locate Koliser in the hours after the April 29 shooting of Donell T. Rowe outside the Casaloma Gardens bar on Mahoning Avenue and that of Patrolman Michael T. Hartzell downtown some two hours later.
Rowe was shot in the chest but survived. Hartzell suffered fatal gunshot wounds to his head.
Koliser, 30, of Boardman, is scheduled for trial in October in common pleas court on charges of aggravated murder, attempted murder and other felonies. Authorities said he could get the death penalty if convicted.
Howley told authorities that he and Koliser were talking at the Casaloma Gardens when Rowe joined the conversation. An argument ensued, during which Koliser shot Rowe, authorities said.
Prosecutors say Koliser demanded that Howley hand over the keys to his car. Police say Koliser was still driving Howley's Lincoln Town Car when Hartzell pulled him over on West Federal Street about two hours later.
According to court documents, police believe Koliser got out of his car and fatally shot Hartzell, who was still sitting in his cruiser.
Howley's car was found abandoned. Koliser's Chevrolet Corsica was found parked in Howley's garage. Prosecutors said Howley did not tell them about the car switch until hours after the shootings.
Gollings wrote in court documents that Howley has learned his lesson and "has a genuine desire to change his life."
Gollings said Howley's relationship with his "tight-knit" family has been affected by the matter, though the family will be supportive when he is released from prison.
Between time spent in prison and time he was held in the county jail before his plea, Howley has been locked up more than three months, Gollings said.
"He has had a more than adequate taste of prison life," Gollings wrote in his motion. "He has made significant advances and is truly a changed man."
Prosecutors have said that of the four men charged with aiding Koliser, Howley was the least culpable.
Jonathan Kuzan, 23, of Youngstown, pleaded guilty in June to obstructing justice and was sentenced by Judge Evans to two years in prison. Forrest A. Rupp Jr., 23, of Boardman, was sentenced to three years after pleading guilty to the same charge.
A fourth suspect, Lemar Butler, 22, of Youngstown, is awaiting trial on the charge of obstructing justice.