Burglar fails faith-based program
By Ed Runyan
The man is wanted on a warrant accusing him of violating his probation.
WARREN — Judge John M. Stuard was about to sentence Jason Kirkpatrick to one year and three months in prison for participating in more than 20 burglaries of commercial businesses across Mahoning, Trumbull and Columbiana counties.
But before that at the Sept. 18 hearing, Kirkpatrick’s defense attorney, Joseph Fritz, asked the judge to listen to Pastor Chuck Gantz, a volunteer with the Youngstown chapter of the faith-based substance-abuse organization Teen Challenge.
Gantz asked the judge to consider letting Kirkpatrick attend a 12-month residential treatment program in Detroit called Life Challenge, which also is faith-based and is aligned with Teen Challenge.
The talk didn’t change the mind of Judge Stuard, Trumbull County Common Pleas Court. “It is necessary in my mind that [Kirkpatrick] do incarceration,” the judge said.
“Can I add just one thing?” the pastor asked Judge Stuard, according to a transcript of the sentencing obtained by The Vindicator.
The pastor then said he had prayed with Kirkpatrick and “seen such a change” in the 29-year-old Trumbull County man during the 4 1‚Ñ2 months he had counseled him in the Trumbull County Jail.
“You can read it in a man’s eyes. He has really made a difference,” Pastor Gantz said.
The words seemed to change Judge Stuard’s mind because the next words he said were: “I’ll allow you to enter [Life] Challenge,” meaning Kirkpatrick would be spared prison as long as he completed the program and completed the four other years of his probation.
Then he warned Kirkpatrick that the program is not easy and that if he failed to meet its requirements, “I’ll impose a [prison] sentence of nine years.”
When Jeff Hoolihan, a detective with the Warren Police Department, learned of the sentence earlier this month, he couldn’t believe it.
Hoolihan, the Warren representative on a task force representing 28 police departments in the Mahoning Valley investigating several cells of burglars, said he couldn’t believe Kirkpatrick would be sentenced to probation rather than prison after being convicted of 17 felony charges — especially considering his lengthy criminal record.
As Judge Stuard noted during the sentencing hearing Sept. 18, Kirkpatrick had been to prison three previous times. Hoolihan estimates Kirkpatrick had spent nearly 10 years in prison since he had been an adult.
“How do you give a guy who is the ring leader — who did not cooperate — five years’ probation?” Hoolihan said.
Kirkpatrick was one of three men accused of participating in 24 burglaries between August 2006 and January 2007. Aron Toole, 29, of Craig Street, Liberty, received a three-year prison sentence for his role in the burglaries from Judge Peter Kontos. Toole gave a confession to police and fully cooperated during the investigation, Hoolihan said.
James Hunsbarger, 28, of Adams Street, Campbell, who was involved in two of the burglaries, Hoolihan said, was ordered to complete a residential program through Community Corrections Association and was placed on two years’ probation by Judge R. Scott Krichbaum in Mahoning Common Pleas Court.
Dennis Watkins, Trumbull County prosecutor, agreed with Hoolihan on the leniency of Kirkpatrick’s sentence and asked his appellate lawyer, LuWayne Annos, to look into the possibility of appealing Judge Stuard’s sentence.
Ohio law changed in 1996, making it possible for the first time for a prosecutor to appeal a common pleas court judge’s sentencing order, Annos said. During those 12 years, the prosecutor’s office had not appealed a sentence.
Watkins said he has decided against filing the appeal because a review of case law shows the only thing appeals court judges typically do if they disagree with a judge’s sentence is ask the judge to write a new sentencing order, this time asking for an explanation of why that sentence was imposed.
Meanwhile, Hoolihan now knows that Kirkpatrick only lasted about a month in Life Challenge after the Sept. 18 ruling, then was “thrown out,” Hoolihan said. As a result, a warrant has been issued for Kirkpatrick’s arrest for violating his probation, Hoolihan said.
Officials with Teen Challenge here refused to comment on the status of Kirkpatrick’s treatment program.
“We are very upset with Judge Stuard and his decision,” Hoolihan said. “This is a slap in the face to law enforcement and all the task force members who worked hard to bring [Kirkpatrick] to justice.”
Watkins said the Adult Parole Authority conducted a presentence investigation on Kirkpatrick and recommended prison time, Watkins said.
Keith Evans, chief probation officer for Trumbull County, said he has seen defendants sentenced to Life Challenge about six to 12 times during his 13 years with the probation department.
He said the success rate of those participating in the program is something less than 50 percent.
Judge Stuard, citing standard court rules banning a judge from commenting on pending cases, said he could not discuss the sentence he gave Kirkpatrick.
runyan@vindy.com