4 get jail time in 2008 beating of man

By John W. Goodwin Jr.

Each of the men received no fewer than 30 days in jail.

YOUNGSTOWN — Four area men will serve time in the Mahoning County jail for severely beating an Austintown man in a Campbell home in 2008.

The four — Joseph R. Perry Sr., 62, of Tenney Avenue, Campbell; his son, Joseph Jr., 40, of Peters Drive, Campbell; Mark A. Ziemianski, 26, of South Navarre Street, Austintown; and James C. Riley III, 25, of Harold Lane, Campbell — were all sentenced Friday by Judge Lou D’Apolito of Mahoning County Common Pleas Court.

One by one, attorneys representing the men came before the judge requesting that each man be given a sentence of probation with no jail time. Each man, however, was led away from the courtroom in handcuffs by deputy sheriffs.

Becky Doherty, an assistant county prosecutor, told the court the prosecutor’s office was recommending five years’ probation for Ziemianski and Riley with 30 days in the county jail.

Atty. J. Gerald Ingram, representing Ziemianski, told the court his client did not have a criminal record and likely would never commit another crime.

Atty. John B. Yuhasz, representing Riley, said his client was simply following the crowd at the time of the beating and likely would not commit any crimes in the future.

Sentencing recommendations for Perry Jr. and Perry Sr. were a little more stiff, however.

Doherty told the court that prosecutors were recommending four years in prison for each of the two men.

Atty. Anthony Meranto, representing Perry Jr., told the court his client acted only in what he felt was the defense of his family at the time of the beating. He said the actions were misguided but purely with the intent of protecting his children.

Atty. John Shultz, representing Perry Sr., told the court his client is retired and a veteran with no criminal history. He said Perry Sr.’s emotions in protecting his family overtook his logic.

Judge D’Apolito said the points made by the attorneys on behalf of the men did not fall on deaf ears. The judge said he understands the desire to protect family but added society cannot allow people to recruit a group of individuals and attack a person.

“We cannot tolerate that type of gangster mentality,” said Judge D’Apolito.

The judge made it clear that each of the four men had to receive some sort of punishment for the crime. He said jail time must be part of the sentencing equation.

Ziemianski and Riley each were sentenced to two years’ probation with the first 30 days to be served in the jail. Perry Jr. and Perry Sr. each were sentenced to five years’ probation with the first year to be served in jail.

Charges lodged against the men stemmed from the beating June 24, 2008, of Seth M. Leach, 33, of Ayrshire Drive, Austintown, in the Campbell home of Lori Perry.

A group of men forced their way into her home between midnight and 1 a.m. and beat Leach and then bound the victim’s hands and feet with duct tape.

The Perrys beat and kicked Leach while he was bound, according to Campbell police reports.

Prosecutors described Perry Sr. as the ringleader who recruited his son and others to teach Leach a lesson. According to a Campbell police report, the Perrys had warned Leach to stay away from Lori Perry and her children. The Perrys are the ex-husband and father-in-law of Lori Perry.

Leach suffered multiple cuts and bruises, and his jaw was broken in two places. He spent several days recovering in St. Elizabeth Health Center. Leach was in court during the sentencing but refused to make a statement.

jgoodwin@vindy.com