Thursday, April 16, 2015
By Joe Gorman
YOUNGSTOWN
Plea hearings are typically short and staid, as a judge explains to a defendant what rights they are about to give up before pleading guilty. There is not much opportunity for defendants to talk.
But Roy Cleary had plenty to say Wednesday to Judge Shirley Christian in Mahoning County Common Pleas Court just before he entered guilty pleas to charges of murder and aggravated robbery for the July 13 death of Mark Westfall at the Struthers Manor apartment complex in Struthers.
He told the judge of his addiction to opiates in his 20s, a bad divorce and a job he had traveling across the country — and how he never thought he would be before a judge facing the possibility of spending the rest of his life locked up.
“Being 41 years old, I never thought I’d go to the penitentiary,” Cleary said. “If the only one who forgives me is God, I’m OK with that.”
Westfall died after being stabbed several times, and his body was found in his apartment two days later. Assistant Prosecutor Nick Brevetta said Westfall was stabbed after Cleary stole prescription medication from Westfall.
Brevetta and defense attorney Ed Hartwig agreed on a sentence of 15 years to life on the murder charge, which is the minimum sentence for murder plus an additional five years for the aggravated robbery charge.
Sentencing is set for 10:30 a.m. May 22.
Brevetta said he spoke to Westfall’s family and they were satisfied with the pleas, especially because at Cleary’s age, he will face a significant amount of time in prison and could face life if the parole board decides not to grant him parole.
After Westfall was killed, police say Cleary took his SUV and went to several hospitals in Western Pennsylvania, seeking treatment for injuries as well as medications. He eventually was found in Pittsburgh the day after Westfall’s body was discovered. Westfall’s SUV was found in Farrell, Pa.
Police said they had video of all the visits Cleary made to various hospitals. Police also said they found a pair of shoes in the apartment of Cleary’s mother, one of which matched a bloody footprint at the crime scene.
Cleary said he made it through his junior year of high school before he got out.
He wanted to address Westfall’s family.
“I want to say what I feel to the family,” Cleary said.
Judge Christian told him he will get that chance at the sentencing hearing.