COURT Judge modifies sentence

The judge noted potential county jail costs in changing the sentence.
WARREN -- A man convicted 15 months ago of two misdemeanor crimes but wrongly labeled a "dangerous" offender will serve 30 days under electronically monitored house arrest.
Municipal Judge Thomas Gysegem on Thursday modified his earlier sentencing for Clarence Clay of Brier Street Northeast and made note of how long it took for the case to reach a conclusion.
In September, Judge Gysegem had apologized and freed Clay from the Trumbull County Jail about 40 minutes after referring to him as a "dangerous and repeat offender."
A jury had convicted Clay. The judge at that time had sentenced Clay to 90 days in jail on misdemeanor charges of obstruction of justice and failure to stop at a stop sign -- after being told by a high-ranking police officer that the defendant had been secretly indicted.
A few minutes after that September sentencing, the judge learned Clay had not been indicted. The judge asked for a full investigation and Doug Franklin, the city's safety-service director, found that a lack of communication led to the mishap.
Thursday afternoon, Clay was in the courtroom "once again for sentencing," Judge Gysegem noted.
Judge Gysegem modified the sentence and suspended 60 of the 90 days of incarceration; the remaining 30 will be under electronically monitored house arrest.
Clay also has to serve five years' probation, pay fines and costs and stay off of Trumbull Metropolitan Housing Authority property.
Clay's attorney, Martin Yavorcik, noted, and the judge agreed, that Clay had paid his fines and costs in full, and taken and passed drug tests.
Conviction
Clay was convicted in September 2003 on the misdemeanor charges. The police report says officers observed Clay's vehicle around 8:35 p.m. March 26, 2003, leaving the "driveway of a residence known to participate in the distribution of illegal narcotics." The vehicle then failed to stop at Homewood and Niles Road Southeast.
Clay said police officers beat him and illegally strip-searched him when they arrested him that day. Police denied the allegations.
He successfully sued the city police department in U.S. District Court in Youngstown and received a $46,000 settlement in July for the illegal strip-search.
He filed an appeal of his conviction with the 11th District Court of Appeals. He did not have to serve the jail time while the appeal was pending.
The appellate court, however, affirmed the municipal court's decision in August.