MAHONING COUNTY Man who entered plea is re-arrested, jailed by mistake

Judge Krichbaum offered to explain the situation to the man's employer.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Lynn Curtis Harmon couldn't understand why he had to spend last weekend in the Mahoning County Jail.
Neither could his lawyer, the judge, or the assistant county prosecutor who'd charged him with failure to pay child support.
"This never should have happened to you," Judge R. Scott Krichbaum of common pleas court told Harmon, who stood before him wearing handcuffs, a jail inmate's uniform and a bewildered look on his face.
Harmon, 40, whose listed address is in Canton, was secretly indicted by a county grand jury in July on one felony count of nonsupport of dependents.
He was arraigned a month later, and in September he pleaded guilty to a charge that had been reduced to a misdemeanor. He was scheduled for sentencing today.
Instead, Harmon was arrested Saturday in Louisville, which is in Stark County, said his lawyer, Michael J. Rich. He said authorities there were acting on a warrant the Mahoning County Sheriff's Department had issued for Harmon on the nonsupport charge.
Harmon was taken to the county jail, where he sat awaiting Monday's hearing. But Rich, Judge Krichbaum and assistant prosecutor Edward DeAngelo all said the warrant should have been canceled months ago when Harmon appeared in court for his arraignment.
Rich said deputy sheriffs took Harmon out of the courtroom that day and booked him at the county jail before releasing him on his own recognizance, so the department should have known to cancel the arrest warrant.
"This man was arrested on a warrant he had already turned himself in for," Judge Krichbaum said, shaking his head. "I don't understand how this happened."
Truck impounded
Harmon, who is a truck driver, said authorities impounded his truck and had it towed away after his arrest. He feared that he could lose his job over what happened.
Judge Krichbaum offered to contact Harmon's employer and explain that it was not his fault. The judge said he does not believe the mix-up was the court's fault either, but he apologized to Harmon for what happened. Then he placed Harmon on probation for five years and ordered him released from jail within an hour.
Sheriff Randall Wellington said his records do not indicate that the warrant for Harmon ever was recalled. He didn't know what happened or why.
"I guess we'll hear about it from the judge," he said, noting that Harmon was released later Monday afternoon.
Harmon was given 30 days to make a lump-sum payment of $1,000 toward his $10,977 debt. He will make monthly payments of $300, beginning in January, until the debt is paid.
bjackson@vindy.com