Man convicted in child-sex case

Staff report

YOUNGSTOWN

A jury of eight women and four men found a 57-year-old Austintown man guilty of two counts of gross sexual imposition against a girl who was 7 and 8 years old at the times of the offenses in his residence in 2008 and 2009.

Eugene C. Ross Sr., of New Road, faces one to 10 years in prison when Judge Maureen A. Sweeney of Mahoning County Common Pleas Court sentences him at 9:30 a.m. May 19. The judge revoked Ross’ bond after his Wednesday conviction, and he remains jailed pending sentencing.

The jury convicted Ross after 6 1/2 hours of deliberations at the end of a five-day trial.

The two counts of gross sexual imposition were lesser-included offenses within the two rape charges for which Ross was on trial. Had he been convicted of either of the rape charges, he would have faced a life prison term.

“The victim testified, and, obviously, the jury believed her testimony,” said Rebecca Dougherty, an assistant county prosecutor. “It was a legal matter between rape and gross sexual imposition, so we’re very happy that they took the time; they deliberated and found him guilty.”

She added that the prosecutor’s office is recommending the maximum sentence.

“Sometimes juries will gravitate toward the lesser included [offense] as a means of compromising between innocence or guilt of the charge that was actually in the indictment, and I think that leads to a higher percentage of convictions for something as a means of jury compromise, and I think that’s what happened in this case,” said Ross’ lawyer, Harry J. Depietro.

Depietro said he wasn’t sure if an appeal will be filed.