YOUNGSTOWN Inmate says he needs surgery



The Mabel Avenue man was released from jail once before to get treatment.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Richard Armstrong Jr. says he needs major surgery, but he can't get to a hospital because he's being held in jail without bond.
He wants Judge James C. Evans of Mahoning County Common Pleas Court to release him on a signature bond so he can get the medical attention he needs.
But prosecutors say they've heard the story before.
They don't want to deny him medical help if he needs it, but they don't want him to be set free.
"It would just be a grave mistake to let this kid out on the street," said assistant prosecutor Jay Macejko.
Armstrong, 24, of Mabel Avenue, was indicted by a county grand jury in January on charges of attempted murder, aggravated robbery and felonious assault. Macejko said the charges stemmed from a November 2002 assault on Antonio Cleveland.
Cleveland, 20, of Williamson Avenue, told police he was at the corner of Erie Street and Oklahoma Avenue on the South Side when a car pulled up and at least one occupant opened fire. Cleveland made it to a house on Wayne Street to call for an ambulance. He had gunshot wounds to his right shoulder and left leg.
Previous release
On Dec. 24, 2002, jail medical personnel advised the prosecutor's office that Armstrong needed surgery for a pre-existing medical condition.
Armstrong was released from jail on a signature bond that day so he could have the surgery at a Pittsburgh-area hospital, Macejko said. He said Armstrong was supposed to report back to the court after his release from the hospital so a new bond could be set.
Prosecutors learned in early January that Armstrong had been released from St. Elizabeth Health Center but he hadn't reported back to the court as required. Authorities later learned that Armstrong never went to the Pittsburgh hospital.
A warrant was issued for his arrest and he wasn't found until March, when Youngstown police arrested him as a suspect in another shooting.
That's when he was taken to jail and held without bond, Macejko said.
Armstrong's attorney, Jeffrey Limbian, would not discuss Armstrong's medical condition for confidentiality reasons. But in court documents, he said Armstrong's doctor advised him that Armstrong could develop a serious infection if he does not have surgery soon.
After a hearing Monday, Judge Evans deferred a ruling until Limbian provides documentation from the doctor that the surgery is necessary.
Macejko said he favors leaving the bond intact and discharging Armstrong from the jail only under a deputy escort to the hospital. Deputies also could bring him back to jail after he recovers, Macejko said.
bjackson@vindy.com