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Court denies appeals from Teddy Foltz's mom, murderer
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Widdersheim
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Bush
By Joe Gorman
YOUNGSTOWN
The 7th District Court of Appeals this week denied appeals to the two people who pleaded guilty for their roles in the death of a 14-year-old Teddy Foltz of Struthers in 2013.
The appeals court ruled against Shain Widdersheim, 34, on Monday, and Zaryl Bush, 44, on Tuesday.
Teddy died in January 2013, five days after a beating he received from Bush in front of one of his brothers. Both brothers were enlisted to help Bush try to cover up the crime.
The appellate court denied appeals by Widdersheim, Teddy’s mother, and Bush, her former boyfriend, who pleaded guilty to abusing and killing the teen.
In June 2013, Judge R. Scott Krichbaum of Mahoning County Common Pleas Court sentenced Bush to 33 years to life in prison after he entered guilty pleas to counts of murder, tampering with evidence and three counts of child endangering.
Judge Krichbaum sentenced Widdersheim to 15 years in prison after she entered guilty pleas to a second-degree felony charge of endangering children, two third-degree felony charges of endangering children, and tampering with evidence in September 2013.
In both cases, Judge Krichbaum sentenced Bush and Widdersheim in excess of the sentences recommended by prosecutors.
Bush and Widdersheim both based their appeals on the fact that Judge Krichbaum abused his discretion by going above the recommendations and by giving consecutive sentences.
In Widdersheim’s opinion, the appellate court said that before she entered her plea, Judge Krichbaum told her what rights she was giving up if she pleaded guilty and he also told her that under Ohio law, he can decide any sentence he wants. He then asked if she still wanted to make her plea, and Widdersheim said she did.
The court ruled that Judge Krichbaum notified her of her rights and what could happen if she pleaded guilty and that the judge also did not abuse his discretion because of the seriousness of the crimes.
When Bush entered his pleas, Judge Krichbaum also explained to him what rights he was giving up if he pleaded guilty. The judge also told him he decided the sentence. He then asked Bush if he still wanted to go ahead and plead guilty and Bush said yes.
Additionally, the court said consecutive sentences for Bush were appropriate because of the severity of the crime and to protect the victims.
Widdersheim’s two other children, whom Bush forced to help him hide their brother’s murder, are being cared for by a foster family.