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Sentence delayed again in Fat Man’s Auto case
By JOHN W. GOODWIN JR.
YOUNGSTOWN
Victims of a former city car-dealership owner convicted of conspiracy to engage in a pattern of corrupt activity are going to have to wait a little longer to find out how much time he’ll spend in prison.
Jonathan Smail, 24, Jackson Street, Campbell, owner of Fat Man’s Auto Sales, pleaded guilty to the felony charge earlier this year. He could be sentenced to up to five years on the charge.
Smail was due in court Wednesday for sentencing by Judge John M. Durkin of Mahoning County Com-mon Pleas Court, but the sentencing did not take place. Atty. Jim Melone, representing Smail, said his client must return titles to victims of the auto-dealer fraud and other housekeeping items before sentencing.
“Part of the plea agreement was that he would work to get the victims their titles. Now that all those titles have been cleared up with the [Bureau of Motor Vehicles], we can transfer those titles to the victims as they should be,” said Melone.
Smail was initially scheduled to be sentenced Aug. 5 by Judge Durkin but did not show up at court for the hearing. Melone and prosecutors waited more than an hour for Smail to appear.
Smail, at that time, was given 24 hours to make an appearance for his sentencing or face sanctions. The sentencing was rescheduled for Wednesday.
Smail is now scheduled to be sentenced at 11:30 a.m. Sept. 16.
Smail was indicted on multiple charges after an investigation of Fat Man’s Auto Sales in 2009. The investigation included agents and officers from the Ohio BMV and Ohio State Highway Patrol.
Smail later entered a guilty plea to the charge of conspiracy to engage in a pattern of corrupt activity.
Numerous other people also were indicted on a variety of charges associated with the dealership.