MAHONING COUNTY Judgments against twins differ

One brother faces prison and the other had charges of felony assault dropped.
YOUNGSTOWN -- Twin brothers went to trial in Mahoning County Common Pleas Court on felonious assault charges, but their fates were different.
After a trial this week before Visiting Judge Charles J. Bannon, the judge found James DiMuzio, 43, a former Youngstown firefighter, guilty of a reduced charge of misdemeanor assault, but found his twin, Anthony DiMuzio, 43, innocent of the same charge.
They were accused of beating attorney Edward Saadi, 34, of Youngstown at the former Rachel's restaurant on South Avenue near Western Reserve Road in Boardman on Jan. 13, 2001.
The criminal case was delayed until now because of changes in defense lawyers and judges since 2001.
James DiMuzio of Boardman, who pleaded no contest to the reduced charge, will be sentenced after a pre-sentence report prepared by the Ohio Adult Parole Authority.
His lawyer, Charles Dunlap, said he faces a term of six months in the county jail and a $1,000 fine.
The testimony
Anthony DiMuzio, formerly of the Youngstown area and who now lives in Dublin, a Columbus suburb, was represented by Thomas E. Zena. Zena had contended testimony would show his client did no acts of violence against Saadi. The trial began Monday and ended Friday.
Testimony showed the altercation began in the restaurant's restroom. Saadi told Robert Andrews, an assistant county prosecutor, that a "big, bald man" identified himself as James DiMuzio and was upset about Saadi allegedly making disparaging remarks about DiMuzio's girlfriend, who Saadi previously had dated.
Saadi said James DiMuzio then lunged at him and punched and kicked him several times in the restroom and later in the restaurant lobby. He said DiMuzio picked him up "like a rag doll" and threw him into a lobby rack.
He also testified that he was attacked from behind by Anthony DiMuzio.
Dunlap said his client never denied he punched Saadi. James DiMuzio claimed he and Saadi were in a fight, and there was no independent or corroborating evidence DiMuzio kicked or punched Saadi more than once, Dunlap said.
The ruling
After Andrews rested his case, Judge Bannon ruled the state had failed to provide evidence to support the charge of felonious assault, which would carry a penalty of up to eight years in prison.
He dismissed the felonious assault charges against the brothers and reduced them to misdemeanor assault charges.
Saadi said after the trial he "was glad my primary aggressor was convicted."
Saadi has filed a civil suit against the brothers, and that matter is pending in common pleas court.