Man convicted in death released

Thursday, August 24, 2006 WARREN — A Leavittsburg man convicted of manslaughter and assault in the death of a man in the Villa Madrid tavern lot on Parkman Road has been granted release from prison pending an appeal of his conviction. The 11th District Court of Appeals ruled Wednesday that Jason Airwyke, 29, of 325 S. Leavitt Road, should be granted a stay of execution of his one-year prison sentence because of the possibility he might serve the entire sentence before the appeal can be heard. Judge Andrew Logan of Trumbull County Common Pleas Court sentenced Airwyke on May 9 after a jury found him guilty of the two charges. Prosecutors said he punched Jeff Smith Nov. 6., 2004, and that Smith died the day after the fight of severe head trauma. The appeals court said that Airwyke had only 10 months of his prison term left at the point where he appealed his conviction. Taking into consideration the amount of time it normally takes the court to rule on such appeals, Airwyke would "essentially be denied his right to bring a direct appeal concerning his conviction," the ruling said. The court did stipulate that Airwyke would be released only after posting bond of $10,000 with the Trumbull County Clerk of Courts. He will also be subject to requirements such as reporting to a probation officer.