Burglar receives 5 years, lecture

The man has served time on four prior burglary convictions.
By DEBORA SHAULIS
VINDICATOR STAFF WRITER
YOUNGSTOWN -- Donald L. Tucker says he left the Mahoning County Courthouse before Common Pleas Judge R. Scott Krichbaum could sentence him on a burglary conviction because he feared the judge's wrath.
Tucker pronounced the word as "raft," but Judge Krichbaum knew what he meant and took offense.
"You're not to be played with," Tucker said, trying to explain himself.
"You can say a lot of things about me ... but you can't say that I'm unfair. You just can't say that," Judge Krichbaum said.
Wrath had nothing to do with the judge's decision Tuesday to sentence Tucker to five years in prison -- the maximum for a third-degree felony burglary -- and everything to do with Tucker's criminal record. Tucker, 38, formerly of West Princeton Avenue, has four prior burglary convictions dating to 1987 and was sentenced by various judges to prison terms.
Boardman break-in
Tucker's latest charge was in December 2003 when a grand jury indicted him for breaking into a Boardman home while the female owner was there. Tucker pleaded guilty in June 2004 to one count of burglary, a third-degree felony.
Tucker showed up for his sentencing hearing Aug. 19, 2004, but left before the proceedings began because he feared a lengthy prison sentence, defense Atty. Robert J. Rohrbaugh II said. The judge had issued a bench warrant for his arrest.
Tucker said he traveled to Puerto Rico, where he was picked up and detained for a time but never extradited to Ohio.
Tucker returned to the Mahoning Valley earlier this year and was apprehended Dec. 8 after a traffic stop.
Judge Krichbaum also took offense to the prosecution's recommendation of two years in prison for Tucker, as was negotiated in 2004. Assistant Prosecutor Bret Hartup said he inherited the case from Atty. Patrick R. Pochiro, who left the prosecutor's office. Atty. Hartup didn't know what was on the record as part of the plea agreement and didn't want to violate the deal, he told the judge.
"Isn't part of the deal that he's supposed to honor the law?" Judge Krichbaum asked. "I guarantee the deal doesn't include this guy showing up when he feels like it." The judge noted that he is not bound by the prosecutor's recommendation.
Preying upon women
Judge Krichbaum noted that Tucker seems to break into the homes of women, and always while they are at home. That's the worst form of burglary, he said.
"How could you give this lady back the sanctity of her castle?" Judge Krichbaum asked Tucker. "You can't. That's something you took from her for good. That's a life sentence you imposed on her."
Judge Krichbaum instructed Atty. Hartup to verify Tucker's account of being detained by Puerto Rico police in order to give him full credit for time served -- "no wrath involved," he said.
shaulis@vindy.com