Accused tells judge he wants trial soon
YOUNGSTOWN — A city man accused of multiple felonies has told a common-pleas judge he wants to go to trial — and soon.
Daniel Austin, 51, of Forestview Drive, appeared Friday before Judge R. Scott Krichbaum in Mahoning County Common Pleas Court for a pretrial hearing. Austin has been indicted on charges of kidnapping, aggravated burglary, felonious assault and attempted aggravated murder with repeat violent- offender specifications.
Austin is accused of pushing his way into the residence of a woman on Youngstown’s East Side, abducting her and threatening her with serious bodily harm. He was arrested in May at the Akron Greyhound bus station.
Prosecutors offered Austin a plea deal during the pretrial hearing, in which the charge of attempted aggravated murder and specifications of repeat-violent offender would be dropped.
Prosecutors in the agreement would recommend Austin be given a 20-year prison sentence.
Austin conferred with his legal counsel, Atty. Paul Conn, for less than 10 minutes before deciding to reject the offer from prosecutors.
Conn asked Judge Krichbaum for a continuance on Austin’s trial, which was set to begin Monday. But Judge Krichbaum said he would not grant a continuance because Austin has not signed a waiver-of-speedy-trial form. Without the signed waiver, Austin would have to face trial by Aug. 28.
Austin again refused to sign the waiver, informing the court that he would rather stand trial as soon as possible regardless of whether his attorney would have time to properly prepare.
Judge Krichbaum ultimately did continue the case until Aug. 31, with a second pretrial hearing scheduled for Aug. 27, because Conn has another trial starting in another court next week.
Judge Krichbaum encouraged prosecutors and Austin to continue working toward some type of plea agreement until the date of the next pretrial hearing.
Conn also made an oral motion to have Austin’s mental competency evaluated after Austin did not recognize Conn as the attorney who had been handling his case previously.
That motion was withdrawn after Judge Krichbaum explained that not having a working recollection of one’s attorney is not grounds for a competency evaluation.
jgoodwin@vindy.com
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