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Judge ignores plea deal, gives Tubbs five years
By JOHN W. GOODWIN JR.
YOUNGSTOWN
A city man will spend the next five years in prison for a shooting death committed earlier this year on the city’s North Side, despite a lesser sentencing recommendation from prosecutors.
Sheridan L. Tubbs, 21, of Silliman Street, appeared for sentencing Tuesday before Judge R. Scott Krichbaum of Mahoning County Common Pleas Court. A co-defendent in the case, Jerrell R. Womack, 20, of Oak Street, will be sentenced later.
Tubbs and Womack were charged in the death of Dene R. Montgomery, 30, of Wesley Avenue, who was shot in the back of the head in the living room of 232 Lora Ave.
Tubbs, represented by Atty. Ross Smith, had been charged with murder but pleaded guilty to a reduced charge of involuntary manslaughter in a plea agreement with prosecutors. Prosecutors, under that agreement, recommended a three-year prison sentence.
Upon hearing the sentencing recommendation, Judge Krichbaum asked prosecutors how a three-year offer had been made where a life had been taken.
Mark Hockensmith, an assistant county prosecutor, told the judge the victim did go to the location of the defendant’s and that there is evidence that a gun carried by the victim was fired first. He also said there is no evidence Tubbs fired a weapon at all.
Deborah Montgomery, Dene Montgomery’s mother, addressed the court before the judge handed down his sentence. She said her son’s life was cut short and his murder was intentional.
“He did not deserve to die the way he did. They say involuntary manslaughter. There is nothing involuntary when you put a gun to someone’s head,” she said.
Martina Montgomery, Dene Montgomery’s wife, pleaded with the court for a stiffer sentence than the three years in the plea agreement.
“We are far past what the charge is and now talking about what time he does. They agree on three years, but we all know he will not do three years, maybe a year,” she said. “If you have to give him three years, if you can’t give him more than three years, please let him do all three years.”
Ross asked the judge to accept the three-year recommendation, saying the situation is unfortunate, but recidivism is unlikely, and his client has no previous criminal record.
Judge Krichbaum, however, said he was not moved by Tubbs’ lack of a criminal record.
“Someone was shot down. He broke into the big time with a splash,” the judge said. “I guess I am just from the old school where when people had differences, they ended up just punching each other in the nose.”
Judge Krichbaum imposed the five-year sentence, and he also ordered Tubbs to serve a mandatory five years on parole after his release from prison.