MAHONING COUNTY APPEALS With volume law upheld, 6 men will face the music

Some of the men, while awaiting resolution of the appeal, got arrested again.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- Lamar Adams, convicted seven times of loud music, is heading to jail this month, now that the 7th District Court of Appeals has upheld the law's constitutionality.
Adams, 22, of Granite Avenue, had five loud-music convictions under his belt when he decided to appeal two more in late 2002.
Adams is one of six men who challenged the city's loud-music ordinance nearly two years ago. The court of appeals consolidated the seven cases (Adams had two) and ruled in mid-June, saying the law is not overly broad and affirming the sentences.
City Prosecutor Dionne M. Almasy and Anthony J. Farris, chief assistant prosecutor, argued the city's position. Youngstown attorneys John J. Dixon and Charles E. Curry argued on behalf of the six defendants.
All six men face jail time when sentenced July 13 in municipal court by Judge Robert A. Douglas Jr. Then Adams' seventh sentence for loud music will be imposed Aug. 26 by Judge Robert P. Milich.
The original sentences, stayed pending appeal, will be imposed.
Judge's options
A judge may order forfeiture of the sound equipment for first or second loud-music offenses but must order forfeiture on third and subsequent offenses. Fines range from $50 to $250 for first offenders, $500 mandatory for second and $600 mandatory for third and subsequent offenses. Offenders face up to 60 days in jail.
Adams faces 60 days in jail and $600 fine from Judge Douglas and 30 days in jail and $500 fine from Judge Milich.
So far, Adams has paid $1,840 in fines and costs for loud-music convictions in November 1999, December 1999, March 2000, September 2000 and June 2001. For the September 2000 conviction, he received 60 days in jail with 45 days suspended and 18 months' probation. For the June 2001 conviction, he received 60 days in jail, all suspended, and two years' probation.
In September 2000, Adams was indicted on charges of cocaine possession and preparation of drugs for sale. The charges were dismissed after drug court.
New cases pending
David Diehl III, who also lost his appeal, not only faces 20 days in jail and $600 in fines when sentenced July 13 for loud music and driving under suspension -- he has new loud-music and driving-under-suspension cases pending. Diehl, 25, of Cornell Avenue, was charged June 6 with loud music and June 12 with DUS, records show.
Diehl's first loud-music conviction happened in June 2001 and he received a $100 fine.
Diehl was indicted in November 2000 on charges of possession of cocaine and preparation of cocaine for sale. The preparation charge was dismissed in a plea agreement in Mahoning County Common Pleas Court and Judge James C. Evans sentenced Diehl to three years' probation in September 2001.
Diehl violated the probation in July 2002, spent 47 days in jail pending a hearing, and then had the probation reimposed, records show.
Convictions
In September 2002, a month before Lamont Walker, 44, of West Earle Avenue filed his loud-music appeal, he was convicted in municipal court of improper handling of a firearm in a motor vehicle and disorderly conduct, reduced from possession of marijuana. Judge Milich sentenced him to 180 days in jail, suspended 150 and placed him on three years' probation.
In March 2003, while Walker was waiting for resolution of his loud-music appeal, he was indicted on a charge of carrying a concealed weapon. In November 2003, Judge Jack Durkin of Mahoning County Common Pleas Court sustained a defense motion to suppress the evidence, which the state has appealed, records show.
Walker has also been convicted of loud music in October 1998 ($50 fine); September 1998 ($85 fine); and May 2001 ($75 fine), records show.
When sentenced July 13 for loud music, he faces 60 days in jail, $600 fine and forfeiture of the car's stereo equipment.
Other cases
Here's the remaining three loud-music cases lost on appeal and the defendants' other criminal activity:
* Terrance Howell, 32, of Lincoln Park Drive faces $600 in fines and 30 days in jail when sentenced July 13 for loud music and DUS.
In April 2000, Howell was convicted of loud music and fined $200. In November 2000, he was convicted again of loud music, fined $400 and sentenced to 90 days in jail, with 85 suspended and five to be spent on electronically monitored house arrest. Later, he was found in contempt of court and had 15 jail days reimposed.
* Tremaine Greer, 26, whose court records show addresses in Youngstown, Boardman and Austintown, faces 10 days in jail and $660 in fines for convictions of loud music, seat belt and following an emergency vehicle too closely.
In September 2001, Greer was convicted of loud music and fined $350. In October 1998, he paid a $250 fine for a loud-music conviction.
* Mark K. Harris, 22, of Hayman Street faces 10 days in jail and $300 in fines for loud music, fictitious plates and a license offense.
In January 2002, Harris was indicted on a charge of possession of cocaine and pleaded guilty in common pleas court. Judge R. Scott Krichbaum sentenced Harris to two years' probation.
The judge ordered that Harris complete a day reporting program at Community Corrections Association on Market Street, obtain a GED, participate in life skills and parenting programs and obtain vocational training.
Harris violated his probation in May 2002 and spent about a month in jail pending a hearing, at which Judge Krichbaum reimposed the probation and ordered that Harris complete CCA's residential program.
Warrant issued
By December 2002, Harris' whereabouts were unknown by the Adult Parole Authority and a warrant was issued for his arrest.
He was arrested Jan. 8, 2003, and held pending a probation violation hearing Feb. 28, 2003, when the judge imposed 90 days in jail, giving credit for time served.
In July 2003, Harris was charged with driving under suspension in municipal court. Because he was admitted to SLIP, the Suspended License Intervention Program, the case is pending.
In December 2003, Harris was again held in jail pending a probation violation hearing in common pleas court.
On Jan. 23, 2004, Judge Krichbaum sentenced Harris to one year in prison, giving credit for 276 days.
meade@vindy.com