Judge rules max time for Kaluza crime


By Denise Dick

The crime that left the former restaurant manager paralyzed has forever changed life for his entire family.

YOUNGSTOWN — Joseph Kaluza wheeled his way down the Mahoning County Courthouse hallway to the applause of family, friends and supporters.

“Everyone has been so supportive and caring,” Kaluza, the former manager of the South Avenue KFC, said. “It’s just amazing.”

His comments followed the sentencing of Taran Helms and Hattie Gilbert on Tuesday morning for the March 24 robbery and shooting that left him paralyzed from the neck down: 50 years each in prison — the maximum.

“My life has changed forever,” Kaluza said. “It will never be forgotten. I can always move on, but I will never forget anything.”

Kaluza was shot when he left the restaurant to make the bank deposit that morning. Gilbert, 20, of East Judson Avenue, staged a car accident with Kaluza’s car, and when Kaluza stopped, Helms shot him in the neck, took the $300 deposit, moved the car to a side street and demanded more money, threatening to shoot Kaluza in the head.

A jury last week convicted Helms of attempted murder, felonious assault, aggravated robbery and kidnapping, all with specifications that a gun was used. His girlfriend, Gilbert, was convicted of complicity to all of the same charges.

Although paralyzed, Kaluza is able to operate the wheelchair himself using a special feature called a sip and puff that allows him to move the chair with his mouth and also a button behind his head.

He was surprised and happy that Judge Timothy E. Franken imposed the maximum sentence, saying that he expected a lower term.

Helms said nothing during the court proceedings, but Gilbert apologized to Kaluza, his family, the community and her family.

Kaluza isn’t sure he’s ready to forgive.

“I never met her before this happened,” he said. “I saw him a couple times when he came in [to KFC] to see his mother. I never did anything to them. It’s hard to say that I forgive them.”

Helms’ mother formerly worked at the restaurant.

Before sentencing, Kaluza, who is the father of two children with special needs, told the court the crime took away the simple joy of spending time with his children and family.

“My son, Josh, doesn’t understand why his Dad is no longer able to tuck him into bed at night and reassure him that everything is fine, and always will be, and my daughter, Tiffany, wants her dad to hug her back and she doesn’t understand why he can’t,” Kaluza said.

Josh is 21 and Tiffany is 12.

Kaluza’s wife, Lisa, sat in the courtroom, crying and dabbing her eyes with a tissue, but she smiled when the judge imposed the maximum sentences.

The family can still watch television together, she said after court, but their weekly family drives are altered.

It used to be she, Joe and the two kids out driving, laughing together.

“Now we have to bring a nurse, and Mom drives,” she said.

The couple formerly took time about once a month to be alone together, but that’s changed now, too. Joe needs to have a nurse.

The Kaluzas marked their 23rd wedding anniversary in April.

“We spent our anniversary in the hospital,” Lisa Kaluza said.

Kaluza said he feels like a part of him will always be missing, creating a void for his family that can never be filled.

Kasey Shidel, an assistant Mahoning County prosecutor who prosecuted the case, called the crime a “cold, calculated act” that was intended to take the life of a man who was working hard and providing for his family.

“Any goals and dreams that Joe Kaluza may have had have been shattered,” Shidel said.

Attys. John Juhasz and Martin Yavorcik, representing Helms and Gilbert, respectively, said that some of the charges should merge for sentencing purposes because they stemmed from the same act.

The judge disagreed.

He, too, pointed to the coldness of the acts.

“I don’t believe there’s remorse on either one of your parts,” Judge Franken said.

Both defense attorneys said they plan to file notices of appeal on behalf of their clients.