Judge sentences men in two separate cases

The judge denied plea withdrawal requests in both cases.
By PETER H. MILLIKEN
VINDICATOR STAFF WRITER
YOUNGSTOWN -- An Austintown man was sentenced to five years in prison on two robbery counts and a Youngstown man to two years in prison for imprinting a hot iron on his live-in girlfriend's chest in their residence.
The sentences were imposed Wednesday by Judge R. Scott Krichbaum of Mahoning County Common Pleas Court, who denied the defendants' motions to withdraw their Oct. 10 guilty pleas and followed the prosecutor's sentencing recommendation in both cases.
Gary P. Brainard Jr., 37, of North Redgate Lane, who had pleaded guilty to two robbery counts, was sentenced to two years for robbing a taxi driver May 11 on Lynnhaven Drive and three years for robbing a man outside his apartment on Woodhurst Drive on May 16, with the prison terms to be served consecutively for a total of five years.
Brainard failed to pay his 54 cab fare for a trip to multiple destinations, pointed an object at the cab driver, which the cab driver couldn't clearly identify, demanded money, and fled after the driver pointed a gun at him and threatened to shoot, according to Martin P. Desmond, assistant county prosecutor.
Reduced charges
Brainard was initially charged with robbery of the cab driver, aggravated robbery of the man outside his apartment with a gun specification and being a felon in possession of a firearm, but in the plea agreement the aggravated robbery was reduced to robbery and the gun charges were dropped.
There were discrepancies in descriptions of the gun that was allegedly pointed at the May 16 victim in statements that victim made to police and in a preliminary hearing in county court, and that victim has since died of causes unrelated to the robbery, Desmond said. "If this guy wouldn't have died, we would have never amended this. We would have been going to trial and we would have convicted him [Brainard], but without the victim [as a trial witness], it's next to impossible to convict someone," Desmond explained.
Brainard apologized for his actions and told the judge he suffers from drug addiction, and the judge said he would recommend to state prison officials that they enter Brainard into drug treatment immediately after he arrives at a prison.
Defense lawyer Lynn Maro said Brainard was asking to withdraw his guilty plea because he didn't commit robbery; Brainard didn't have a weapon; and, at most, the offenses would be thefts.
Sentenced in assault
Judge Krichbaum sentenced Dontrell Weaver, 19, of East Lucius Avenue, to two years in prison for burning his girlfriend with the clothing iron July 18. Weaver had pleaded guilty as charged to felonious assault. Natasha Frenchko, assistant county prosecutor, said she did not know the motive for the attack.
Weaver said he wanted to withdraw his guilty plea because he did not receive discovery of the evidence against him. However, Frenchko said Weaver's lawyer, Gary Van Brocklin, received discovery in September.
Judge Krichbaum denied both plea withdrawal requests, finding that both defendants voluntarily and knowingly entered their pleas, understood their consequences and had effective legal representation. Maro and Van Brocklin declined to comment after court.