MAHONING COUNTY At hearing, man admits to crime while free

Jerome Christian could face five years in prison.
YOUNGSTOWN -- When Judge R. Scott Krichbaum sentenced Jerome D. Christian Jr. to prison last year, he said there was a good chance that Christian, whenever he would be released, would commit additional crimes.
Even though the 7th District Court of Appeals said the judge erred when he initially sentenced Christian, the judge was proven correct.
At a hearing Monday in common pleas court, the judge and Patrick R. Pochiro, an assistant Mahoning County prosecutor, heard Christian tell them he had committed another crime while awaiting a decision from the appellate court on his appeal.
That information came as a surprise to the judge and the prosecutor because they did not know the appellate court had allowed Christian, 49, formerly of McGuffey Road, to post bond and get out of prison.
Original sentence
On April 8, 2004, Judge Krichbaum sentenced Christian to one year on each of five receiving-stolen-property counts and ordered him to make restitution of $240 to the victim. The one-year terms were the maximum punishment for the crimes. He further stated that the chance for recidivism was great, which is why maximum sentences were called for.
The appellate court, in a decision released last week, canceled the sentence. The appellate court granted a stay of the one-year sentence in July 2004 and had Christian post a $5,000 bond. Christian was released from prison Sept. 3.
The appellate court said the judge failed to consider statutory factors for imposing maximum sentences, and he also failed to specify whether the prison terms were to be served concurrently or consecutively.
Judge Krichbaum and Pochiro said in their combined 65 years of criminal practice, they have operated under the sentencing guidelines that if a court does not impose consecutive sentences, the sentences run concurrently.
Further, the judge said the court transcript shows he did give the appropriate reasons for doling out maximum sentences and those reasons also were enumerated on his judgment entry.
At the hearing, Judge Krichbaum asked Christian if he had a lawyer to represent him for resentencing. Christian said he did not.
He said he was indigent and could not afford counsel.
Christian's lawyer on appeal was Atty. Sarah T. Kovoor of Warren, and the judge appointed her to handle the resentencing.
The judge then asked Christian if he had committed any crimes while out on the appellate court's bond. Christian said he was arrested for breaking into an uninhabited home on Lansdowne Boulevard on the city's East Side.
Quickly re-offended
Pochiro said records show Christian was arrested Sept. 16, about two weeks after he got out of prison.
Judge Elizabeth Kobly of Youngstown Municipal Court sentenced Christian to six months in the county jail on the misdemeanor charge. Christian completed that term in March.
When the judge ordered deputies to put Christian back in jail pending his resentencing, Christian appeared dumbfounded.
He said he had recently buried a brother and was helping his mother, who had suffered a leg injury. He couldn't understand why he was going to jail.
"I pose no threat. I'm not trying to run from anything. And I served my time on the other charge," Christian said.
Judge Krichbaum reminded Christian that the appellate court sent his case back to the trial court, and now he again was in charge of Christian's fate.
"You've committed a new crime while on the appeals court bond. I'm not letting you out on bond again," Judge Krichbaum said, adding that to do so would be an irresponsible act on his part.
Christian faces up to five years in prison if the judge explains on the record at resentencing his reasons for giving maximum sentences and he specifies that those sentences will be served consecutively.