Kimble sentencing is expected



The man claimed police were brutal when they arrested him.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A man whose arrest received national attention over his claim of police brutality heads back to court today possibly to be sentenced.
Lyndal Kimble, 30, of Kenilworth Ave. S.E., is to appear in the courtroom of Judge W. Wyatt McKay of Trumbull County Common Pleas Court.
Kimble's attorney, Richard Olivito, said prosecutor's want Kimble to accept a deal that could land him in prison for four years. After a long hearing Wednesday, Olivito said he would discuss the matter with his client.
Kimble pleaded guilty Feb. 15 to tampering with evidence and possession of cocaine, both felonies, as his jury trial was about to begin. He faces one to three years in prison on those charges.
Kimble also faces additional charges of trafficking in drugs and possession of drugs. Olivito said prosecutors are offering a deal in which Kimble would plead to the new charges, and then, the cases would be combined. Prosecutors would recommend Kimble receive four years in prison.
Olivito says he is not sure if his client will accept the offer because they have some questions concerning a search police did at Kimble's house. Olivito said he is asking for a hearing on the matter.
Alleged brutality
A traffic stop June 28, 2003 and Kimble's arrest were videotaped by a bystander and then shown to local and national broadcast networks. Kimble has maintained that he was a victim of police brutality.
In February 2004, the FBI said it was no longer investigating allegations of police brutality stemming from Kimble's arrest.
John Kane, agent in charge of the Youngstown office of the FBI, said Kimble declined requests to be interviewed by his office.
Kimble filed a federal lawsuit stating his constitutional rights were violated by police when he was arrested. That suit is still pending, said city Law Director Greg Hicks.
Warren police said Kimble swallowed a small amount of suspected drugs before resisting the officers who were trying to get him to spit the evidence.
Kimble remains free on $20,000 bond.
sinkovich@vindy.com