Killer re-sentenced to 10 years in prison

YOUNGSTOWN

As ordered by the 7th District Court of Appeals, Judge Maureen A. Sweeney has re-sentenced a man who admitted killing his wife in accordance with the sentencing law in effect when he committed the crime, not the one that took effect later.

On Wednesday, the Mahoning County Common Pleas Court judge resentenced Daniel Wellington, 57, of Knapp Avenue, to 10 years in prison.

Wellington pleaded guilty to involuntary manslaughter in the Aug. 5, 2011, strangulation of his wife, Doris, 44, in the couple’s residence.

In April 2013, Judge Sweeney sentenced Wellington to 11 years in prison.

Wellington appealed that sentence on the grounds that Ohio House Bill 86, which set a three-to-11-year sentencing range for this crime, did not take effect until Sept. 30, 2011, which was eight weeks after the slaying.

The appeals court ordered Judge Sweeney to resentence Wellington in accordance with the sentencing law that was in effect Aug. 5, 2011, which set a three-to-10-year prison term range for his crime.

The county prosecutor’s office did not dispute Wellington’s assertion in his appeal.

When he filed the notice of appeal, Wellington’s lawyer, James Gentile, protested that Judge Sweeney had unconstitutionally “inflicted a greater punishment than allowed by law at the time of the offense.”

Gentile cited the prohibition against ex post facto laws in Article I, Section 9 of the U.S. Constitution.