Judge sentences ex-corrections officer


March 14, 2008 at 12:00a.m.

Judge sentences ex-corrections officer

Felony charges were reduced to misdemeanors.

YOUNGSTOWN — A former corrections officer was sentenced to 18 months in Mahoning County jail and fined $5,500 after he pleaded guilty to two counts each of disseminating matter harmful to juveniles, public indecency and intimidation of a witness — all misdemeanors.

Joseph J. DeMarco Jr., 62, of Jackson Street, Lowellville, drew the sentence Wednesday from Judge Timothy E. Franken of Mahoning County Common Pleas Court, who imposed the maximum fine and maximum consecutive jail terms.

Because of the charges against him, DeMarco was fired from his job as a corrections officer at the Ohio State Penitentiary for violating a rule that bars employees from engaging in activities that would bring discredit to the employer.

In a plea agreement, the disseminating counts were reduced from felony to misdemeanor level charges, and the felony level intimidation of a victim charges were reduced to misdemeanor intimidation of a witness charges. DeMarco pleaded guilty as charged to two public indecency counts.

The disseminating counts date back to June 15, 2006, and pertain to 9- and 14-year-old victims. The public indecency counts alleged he masturbated in front of a minor on the same date. The intimidation charges, dated August 2006 and October 2007, name a different victim from the ones named in the disseminating counts.

Lowellville Police Chief William H. Vance said he watched DeMarco for several months because of reports of juveniles entering and leaving his house and complaints from female juveniles. One teenaged girl said he answered the door naked or in just his underwear and masturbated in her presence.

DeMarco’s lawyer, James A. Melone of Struthers, filed a notice of appeal to the Seventh District Court of Appeals, but Judge Franken declined to stay the sentence pending appeal.

Melone said he hasn’t yet decided the exact nature of the appeal, but he is considering appealing both the plea and sentence.