43
Man sentenced to probation for tampering with evidence
YOUNGSTOWN
The man prosecutors said was the debt-collection enforcer for the former Fat Man’s Auto Sales used-car dealership has been sentenced to three years’ probation.
Judge John M. Durkin of Mahoning County Common Pleas Court imposed that sentence Tuesday on Paul Lacey, 53, of Rush Boulevard.
Judge Durkin, however, warned Lacey that any violation of the terms of his probation would result in a five-year prison term on each of the two counts to which Lacey pleaded guilty.
Complaints against the former Canfield Road dealership ranged from lack of vehicle titles to unpaid Ohio sales taxes.
Dana Lantz, an assistant city prosecutor, said the dealership was “an ongoing criminal conspiracy” that took advantage of poor people and that there were hundreds of victims.
In imposing probation, the judge went against a recommendation for prison time made by Dawn Cantalamessa, an assistant county prosecutor, and by the Community Corrections Association, which prepared the pre-sentence investigation.
Cantalamessa, who recommended a two-year prison term, said Lacey previously had served prison time and had the longest and most serious criminal record of the six Fat Man’s defendants charged in a 135-count indictment.
Lacey was sentenced after pleading guilty to tampering with evidence and being a felon in illegal possession of a gun, both felonies carrying possible one- to-five-year prison terms.
The tampering charge alleges that, while police were executing a search warrant at the dealership on Oct. 5, 2009, Lacey disobeyed a police order by driving home in a vehicle that was to be impounded from the dealership, taking with him the dealership’s records.
The gun charge pertains to a revolver police recovered during a search of Lacey’s residence Oct. 8, 2009, after Lacey had been barred from gun possession due to a 1982 robbery conviction.
In the plea deal, Cantalamessa dropped charges of engaging in a pattern of corrupt activity, robbery and aggravated menacing and two counts of assault.
“We made the best deal considering all the evidence,” Cantalamessa said, adding that sentencing decisions are made by the judge.