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Dispatcher avoids jail for misuse of database
By Elise Franco
Youngstown
The former Austintown dispatcher who pleaded guilty to misusing the department’s databases won’t face jail time.
Joseph Marscio, 42, of Winterpark Drive, Austintown, was sentenced Wednesday to one year’s probation by Judge John M. Durkin of Mahoning County Common Pleas Court.
Marscio pleaded guilty March 4 to one count of unauthorized use of property and one count of possessing criminal tools, both fifth-degree felonies.
He also entered an Alford plea to one count of tampering with records, a third-degree felony. An Alford plea means that Marscio didn’t admit guilt but is acknowledging that the prosecution has evidence that likely could convince a judge or jury that he is guilty beyond a reasonable doubt.
Judge Durkin said that after reviewing the case and the pre-sentencing investigation, he thought probation was appropriate.
“As mad as the police department was ... and as mad as the neighbors on the other end may have been, it’s absolutely clear that none of this information was used to harm anyone,” he said.
Between January and May 2010, Marscio was accused of making inquiries about vehicle-title information on co-workers, family members and neighbors using the Law Enforcement Automated Database System, according to a police report released in July.
An investigation into the inquiries by the state Bureau of Criminal Identification and Investigation revealed that they were on vehicles owned by his neighbors, Austintown police officers and their relatives between May 2007 and May 2010.
He was fired after 10 years as a dispatcher as a result of the investigation and subsequent charges.
Marscio’s attorney Dominic Vitantonio said the defendant’s offenses caused him to lose his job, his family and many friends. He said Marscio fully understands the seriousness of his actions.
“He’ll never work for the Austintown Police Department again,” Vitantonio said. “Given his position now, this is a really low point in his life.”
Marscio, who was joined in court Wednesday by his parents, apologized for what occurred.
“I’m truly sorry for what I’ve done,” he said. “I lost a job I love. I lost my family and a lot of friends.”