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Youngstown wife killer re-sentenced to 10 years
Judge hands down 10-year prison term
YOUNGSTOWN
As ordered by the 7th District Court of Appeals, Judge Maureen A. Sweeney has resentenced a man who admitted killing his wife.
On Wednesday, the Mahoning County Common Pleas Court judge resentenced Daniel Wellington, 58, of Knapp Avenue, to 10 years in prison in accordance with the sentencing law in effect when he committed the crime, not the one that took effect later.
In a plea deal with the prosecution, Wellington pleaded guilty to involuntary manslaughter in the Aug. 5, 2011, strangulation of his wife, Doris, 44, in the couple’s residence.
The victim’s daughter, Kerisha Wallace of Youngstown, said Wellington “is not remorseful” and “should have been sentenced on a murder charge. ... I still feel like Daniel got away with murder.”
Wellington originally was indicted on a murder charge that would have carried a 15-years-to-life prison term.
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 involuntary manslaughter, 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.
Wellington told Judge Sweeney he was “sorry this incident happened” and that he “didn’t plan on hurting anybody.”
Noting that Wellington has no prior criminal record, his lawyer, Mark Lavelle, said this case doesn’t justify more than a prison term at the low end of the sentencing range.
Lavelle said an appeal will be filed on that basis.