Leavittsburg man convicted of involuntary manslaughter

The convicted man cried as the verdicts were read.
By ED RUNYAN
VINDICATOR TRUMBULL STAFF
WARREN -- Leavittsburg man, Jason Airwyke, 29, has been convicted of involuntary manslaughter and assault in the Nov. 6, 2004, death of Jeff Smith in the parking lot of the Villa Madrid tavern.
A jury returned the verdict Thursday in the Trumbull County Common Pleas courtroom of Judge Andrew Logan. Airwyke, of 325 S. Leavitt Road, cried as the guilty verdicts were read. He was later handcuffed and taken to the Trumbull County Jail to await sentencing May 2.
Prosecutor David Toepfer said the felony involuntary manslaughter and misdemeanor assault charge could result in a sentence from probation to five years in prison. The prosecutor's office will recommend a sentence within that range, he said.
The jury found Airwyke innocent on an additional count of involuntary manslaughter and one of felonious assault.
Smith died at St. Joseph Health Center the day after he and Airwyke fought in the parking lot of the Parkman Road tavern. Police said during the 5 a.m. confrontation, Airwyke punched Smith, knocking him to the ground, and Smith died of severe head trauma.
Smith, 44, had been a forklift operator at Wetzel Inc. in Warren and lived in an apartment above the Villa Madrid.
What sister said
Chris Fischer of Warren, Smith's sister, was present in the courtroom for the verdict, as were members of Airwyke's family. "I was real pleased to see the handcuffs go on," Fischer said afterward.
Fischer described her brother as someone who lived by his own rules. "He was simple and carefree," she said, adding that he liked motorcycles and the wild life and had no spouse or children.
Toepfer credited Warren police for its investigation of the crime.
Airwyke's attorney, Jeff Goodman, asked Judge Logan to continue Airwyke's bond until sentencing on the basis that Airwyke had showed up for his court appearances for nearly 18 months and had earlier agreed to a plea agreement on the same two charges he was convicted of. Judge Logan denied the request.
runyan@vindy.com