Man who used rock in attempted robbery gets 3 years in prison

By John W. Goodwin Jr.

YOUNGSTOWN — A 20-year-old man convicted of trying to use a rock to rob a person he referred to as “the retard” will spend the next three years in prison.

Edmund J. Tapscott, 20, of Clyde Street, appeared Thursday before Judge R. Scott Krichbaum of Mahoning County Common Pleas Court for sentencing on felony-robbery charges. He was sentenced to three years in prison followed by three years’ probation.

Tapscott could have been sentenced to a maximum of eight years behind bars.

Prosecutors recommended the three-year prison sentence in exchange for Tapscott’s pleading guilty to the robbery charge in December.

J. Michael Thompson, an assistant county prosecutor, said Tapscott was outside the Subway Restaurant on Rayen Avenue on the North Side on Nov. 2 and attempted to rob a man he knew by using broken pieces of asphalt. The man, whom he referred to as “the retard,” was able to escape.

The victim was not present during the sentencing. Thompson told the court the victim has not been responsive to attempts by the court to reach him.

Atty. Robert Duffrin, representing Tapscott, told the court his client deserves a lesser sentence because of his history, mental state and cooperation with police in the investigation.

He asked the court to impose a sentence that would include minimal time in prison with a possibility of probation.

Tapscott had little to say to the court during the sentencing hearing. “I am sorry for all this stuff, and it will not happen again,” he said.

Judge Krichbaum said the court has to take into consideration statements made by Tapscott referring to the victim as “the retard” and saying he was going to “rob the retard” in imposing a sentence. He said such statements enhance the seriousness of the crime.

The judge, before passing sentence, said Tapscott definitely would be serving time in prison for the robbery.

“Getting together with a couple of your buddies and arming yourself with whatever there is to arm yourself is something that merits a prison sentence,” he said. “The recommendation of the state is more than fair.”

Tapscott will be given credit for the 116 days he has spent in Mahoning County jail since being arrested.

The plea agreement also means Tapscott will not face charges for his activities while in jail. Prosecutors said he had been throwing urine at deputies and breaking faucet heads. He also has had to be forcibly removed from his cell at least once.

jgoodwin@vindy.com