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Men told judge they smoked pot weeks before sentencing
By Joe Gorman
YOUNGSTOWN
Two men who were hoping to receive probation on aggravated burglary charges Wednesday in Mahoning County Common Pleas Court almost spoiled it by admitting they had smoked marijuana while awaiting sentencing.
Marquis A. Hudson, 25, of Ridley Avenue in Youngstown and Daniel E. Clark, 21, of Penhale Avenue in Campbell, both admitted when asked by Judge Lou D’Apolito if they would pass a drug test that they had smoked the drug. Hudson said he last smoked marijuana a week ago, while Clark said he smoked it two weeks ago.
Judge D’Apolito was not very pleased.
“Here you are, coming to court asking me to give you probation, and you think marijuana is not a drug, that it’s legal, that it’s OK,” Judge D’Apolito said. Both said they had been feeling stress, which was why they got high. Judge D’Apolito said life is stressful, and you can’t always do drugs — and break the law — to relieve stress.
“I’m not impressed with you guys. Really, I’m not,” Judge D’Apolito said. “You guys are on such the wrong path, you can be on the road to prison or dead.”
“Man up, grow up and get on with life,” the judge said.
The pair, along with a third man, were charged with aggravated burglary, burglary and aggravated robbery in a Feb. 18 break in at a Penhale Avenue home in Campbell.
Assistant Prosecutor Shawn Burns said the two and Alex Green, 28, of 10th Street in Campbell, forced their way into the home and there was some sort of confrontation with a person. Later, police found the three after a concerned citizen saw someone throw a gun out the window of a car on Tenney Avenue in Campbell.
Burns said there is confusion over who the gun belonged to, and the victim was to provide more information to prosecutors, but never did and refused to cooperate further. That is why the plea bargain was made.
Green is serving a 40-month federal prison sentence for his role in the crime, Burns said.
A presentence investigation called for probation.
John Zomodia, Clark’s lawyer, said his client told him recently about smoking marijuana and that his client regretted it. Zomodia said his client told him: “‘Doing the responsible thing is a little more difficult, and I just relapsed.”
Judge D’Apolito increased the recommended term of probation from three years to five years. He also told the men they are never to have a firearm, will be drug tested randomly and are to get jobs. Clark already works for his father, Zomodia said.
Hudson is the father of five children and Clark has a child on the way.
Both men said they were sorry for their actions that night.
“I made a big mistake that night, sir,” Hudson said.
Judge D’Apolito told them they were lucky to be alive and that they need to think of how their actions would affect their families and whether they could go to prison or get killed. If they violate any terms of their probation, they immediately will go to prison, Judge D’Apolito said.