Old and new gun charges catch up with city felon

The defendant's background includes drug, robbery and gun convictions.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- March 6 probably would have been memorable for felon Eric Ballard: It was to include a morning hearing on new gun charges and an afternoon sentencing on gun charges from 2003.
The schedule, though, was altered Thursday in Mahoning County Common Pleas Court by Judge James C. Evans. The judge, after learning about the new charges from a reporter, pulled Ballard's file and ordered that sentencing in the old case take place today. The case has been delayed over the years for a number of reasons, including Ballard's being in federal prison until October 2005. Ballard, 30, lives on Logan Avenue.
Judge Evans wondered why, after Ballard's arrest this week on the South Side, no motion was filed by the county prosecutor's office to revoke his bond in the 2003 case.
New arrests and jail inmate lists are distributed daily, including to the county prosecutor's office.
Mahoning County Prosecutor Paul J. Gains was not available Thursday and referred questions to Timothy E. Franken, an assistant county prosecutor.
"We won't know unless someone tells us," Franken said of arrests such as Ballard's. "We get to it eventually."
Too many cases
He said prosecutors' investigators get the arrest and jail inmate lists to review the names but with more than 1,400 cases it can take time. He said judges get copies of the jail lists, too, and can revoke bonds anytime they want.
City Prosecutor Jay Macejko said Thursday that city and county computers are not linked, which is something he wants to change to better track cases, such as Ballard's. He said he would have called the county had he been aware that Ballard had a case pending in common pleas court.
The new charges against Ballard, meanwhile, were filed Wednesday and Municipal Judge Elizabeth A. Kobly set bond at $30,000, ordering that he not be released from jail unless the bond is posted. He's charged with driving under suspension, carrying a concealed weapon and having a weapon under disability, which means a prior conviction prohibits him from possessing a firearm.
Arrested Wednesday
Ballard was arrested around 1:30 a.m. Wednesday on West Warren Avenue after police said he sped through red lights. The officers found a loaded 9 mm handgun they said he dropped in a yard as he got out of his car.
Ballard told police he didn't know anything about the gun -- and asked why would he have a gun since he's already out on bond in a gun case.
Federal and state court records show what Ballard has been doing the past eight-plus years:
Oct. 22, 1997, Ballard and others federally indicted on crack cocaine charges. He pleaded guilty two months later.
Oct. 27, 1997, secretly indicted in Mahoning County Common Pleas Court on charges of aggravated robbery with a firearm specification and having a weapon under disability.
Feb. 26, 1998, sentenced to 28 months in federal prison to be followed by three years' supervised release in the crack cocaine case.
March 12, 1998, sentenced to 12 months in prison in the robbery case and time to run concurrent with the federal sentence. Another 12 months was to be served in the gun specification conviction.
May 14, 2003, charged with driving under the influence in Austintown. Pleaded guilty to amended charge two months later.
June 19, 2003, Ballard indicted in state court on charges of carrying a concealed weapon and having a weapon under disability. Sentencing had been set for March 6 but was reset to today.
July 14, 2003, sentenced to 30 days in jail, with 27 suspended, in the DUI case and placed on six months' probation.
August 27, 2003, indicted on federal charge of being a violent felon in possession of body armor. He pleaded guilty three months later. This conviction violated terms of his supervised release in the drug case.
Jan. 21 2004, sentenced to six months in prison in body armor case followed by six months' home confinement as part of one year's supervised release.
March 12, 2004, sentenced to eight months in prison for violating terms of supervised release in the drug case. Time ran concurrent with sentence in body armor case.
October 2005, released from federal prison.
November 2005, pleaded guilty in the 2003 gun case.
Jan. 24, arraigned in Mahoning County Area Court in Boardman on charge of driving under suspension (license suspended for failure to pay child support). Case is pending.
Feb. 22, new gun charges filed. Preliminary hearing is March 6.
meade@vindy.com