Cop-suit filer to be sentenced

Clay's sentencing was delayed pending his appeal.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A man who successfully sued the city police department and received a $46,000 settlement for a strip-search may soon be facing jail time.
Clarence Clay is scheduled to be sentenced at 1:30 p.m. Friday in the municipal courtroom of Judge Thomas Gysegem.
He was convicted in September 2003 for obstruction of justice and failing to stop at a stop sign. At that time, the judge sentenced him to 15 days in jail.
Clay filed an appeal 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 last month.
Clay could not be reached to comment.
Judge Gysegem declined to comment further on the matter. Even though he originally sentenced Clay to 15 days in jail, the judge could sentence him up to 90 days in jail on the conviction.
Allegations against police
Clay said police officers beat him and illegally strip-searched him when they arrested him March 26, 2003, on charges of obstruction of justice, failing to stop at a stop sign, resisting arrest and failing to comply with a police order or signal. Police have denied the allegations.
A civil lawsuit was filed in U.S. District Court in Youngstown and a settlement was reached in July.
The case went to trial in September 2003 in municipal court. Clay was acquitted of charges of resisting arrest and failing to comply with a police officer's order, but he was convicted of obstruction of justice and failure to stop at a stop sign.
Patrol Officer Joseph Kistler testified that officers witnessed him stop at a house on Homewood Avenue known to be a place where illegal drugs are sold.
Kistler said Clay was at the house for about three minutes. When Clay left the house, Kistler and his partner, Ed Hetmanski, followed.
Kistler said Clay went through a stop sign and officers stopped the car. It was Clay, not the officers, who became combative, Kistler said.
He added that crumbs of what he thought to be crack cocaine were visible on Clay's lips. Clay was not arrested on drug charges, however.
Clay testified that he went to the house to fix a television. He said he was at the house for 30 minutes before he decided to take the TV home for more repairs.
sinkovich@vindy.com