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Yavorcik ordered to attend hearing to explain absence from sentencing
A judge set a contempt hearing for the lawyer.
YOUNGSTOWN — Atty. Martin E. Yavorcik, the independent candidate for Mahoning County prosecutor, has been summoned to a contempt-of-court hearing Wednesday.
Yavorcik has been ordered to appear before Judge Timothy E. Franken of Mahoning County Common Pleas Court at 10 a.m. that day. Judge Franken ordered deputy sheriffs to personally serve Yavorcik with the order at his downtown law office.
Judge Franken ordered Yavorcik to show cause why he should not be held in contempt of court for failing to appear in court at 10 a.m. this past Wednesday for the sentencing of his client.
Yavorcik’s client, Noah Williams, 19, of Kent, was to be sentenced by Judge Franken on a robbery charge in the Jan. 14 robbery of a Boardman payday cash advance business.
In his order, Judge Franken said Yavorcik was properly notified of the sentencing hearing and did not show up for it or ask for a postponement.
Yavorcik said Friday evening that he hadn’t been served with the order. He added that he had asked another lawyer, Doug Taylor, to substitute for him because of his unavailability.
Yavorcik said his office had confirmed that Taylor, an experienced criminal defense attorney, would be present for the sentencing.
“I would never just leave a hearing uncovered,” Yavorcik said, adding that asking other lawyers to substitute is a routine practice among attorneys.
Yavorcik said he’ll appear at Williams’ sentencing hearing when a new date is set for it.
Yavorcik is challenging 12-year incumbent Democrat Prosecutor Paul J. Gains, who is seeking re-election Tuesday. Judge Franken was an assistant prosecutor in Gains’ office before he became a judge.
Williams, the driver of the getaway vehicle, will be the last to be sentenced of three men charged in the robbery of Central Cash on Market Street.
In a separate judgment entry, Judge Franken ordered Williams, who has recently been lodged in Stark County jail on an unrelated matter, placed in Mahoning County Jail until further notice.
Williams and Mark C. Watts, 19, of Cleveland both were indicted on an aggravated-robbery charge, and both pleaded guilty to a reduced charge of robbery. Judge Franken sentenced Watts to five years’ probation and fined him $5,000 in August.
Felony charges of receiving stolen property and evidence tampering against another suspect, Donte L. Cole, 23, of Cleveland, were reduced to misdemeanors to which Cole pleaded guilty. Judge Franken sentenced Cole to two years’ probation.
Watts discussed a transaction with a Central Cash employee, said he didn’t want any trouble and lifted his shirt to expose the butt of a gun before an employee gave him cash from the register, a police report said.
Williams drove the getaway sport-utility vehicle, and Cole stashed the loot in the back of the vehicle when police stopped it and arrested the three defendants inside it after the robbery, the prosecutor’s office said.
milliken@vindy.com