Judge: Teen deserves more than 10 years

A prosecutor said Johnson's testimony helped convict a co-defendant.
By HAROLD GWIN
VINDICATOR STAFF WRITER
YOUNGSTOWN -- Anthony D. Johnson, 18, of Steel Street has been sentenced to 10 years in prison for his role in the robbery and murder of Marilyn Guthrie, but the sentencing judge said he deserves more.
Judge R. Scott Krichbaum of Mahoning County Common Pleas Court said he was bound by a plea agreement worked out between prosecuting and defense attorneys in exchange for Johnson's testimony against co-defendant Benjamin Beshara, 31, of Niles.
It was Beshara who orchestrated the robbery of Marilyn Guthrie, 61, his neighbor, and it was Beshara who killed her by running over her twice with her own car.
Johnson pleaded guilty to charges of kidnapping, aggravated robbery and involuntary manslaughter and appeared in court Monday for sentencing.
Judge Krichbaum acknowledged the importance of Johnson's testimony at Beshara's trial, but that doesn't mean Johnson didn't do "some very bad things," he said.
Johnson deserves to be punished severely, Judge Krichbaum said, adding that if Johnson and two other co-defendants had refused to go along with Beshara's scheme, the crime might never have happened.
In a brief statement before sentencing, Johnson apologized to Guthrie's family and friends, his family and the court, saying that he takes full responsibility for what he did and asking the Guthrie family to one day try to forgive him.
Defense lawyer Ronald Yarwood said Johnson's cooperation came despite repeated death threats made against him by Beshara, and those threats continue. Johnson's family also was threatened, he said.
Martin P. Desmond, an assistant county prosecutor, said his office was recommending an eight- to 10-year prison sentence and asked the court to consider the lower end of that time frame.
Johnson's testimony was a key in convicting Beshara, Desmond said, noting that jurors in Beshara's trial later told him that Johnson's statements on the witness stand were crucial in their decision to find Beshara guilty.
Judge Krichbaum, however, said it was his recollection that the original plea agreement called for a 10-year sentence and he would follow that arrangement.
He ordered Johnson to serve 10 years each on the three counts, but directed that they be served concurrently.
Johnson also will get credit for the 546 days he's spent in jail awaiting the outcome of the case.
Guthrie was kidnapped from her apartment complex July 10, 2005, and thrown into the trunk of her car and later taken from the car and run over on Parkcliff Avenue on the city's South Side.
Two 15-year-old boys from Second Street, Josiah Smith and Coryon Bertram, pleaded guilty to kidnapping in county juvenile court and were sentenced to detention for a minimum of one year to a maximum of the time remaining until their 21st birthdays.
Some members of Guthrie's family were in the courtroom during Johnson's sentencing.
"We had to deal with the 10 years [sentence]. We had to accept that," said Jim Ruschman of McDonald, Guthrie's brother.
Beshara, who continues to maintain his innocence, has indicated he plans to appeal his conviction.
gwin@vindy.com