Incarceration recommended for man who spit on Youngstown cop

January 10, 2015 at 12:04a.m.

YOUNGSTOWN

Prosecutors are recommending jail or prison time for a man who pleaded guilty Friday to a felony charge that he spit on a police officer in October.

Anthony Girardi, 28, of Market Street, pleaded guilty in Mahoning County Common Pleas Court to a fifth-degree felony charge of harassment by bodily fluid and misdemeanor charges of operating a motor vehicle while under the influence, leaving the scene of an accident and driving under suspension.

Judge Lou A. D’Apolito, who took the plea, asked Girardi what he was thinking to cause him to spit on the shirt of city police officer Seann Carfolo during an accident about 6:45 p.m. Oct. 25 at Belle Vista and Connecticut avenues on the West Side.

Judge D’Apolito said Girardi was lucky it did not turn out worse than it did.

“Somebody could’ve gotten killed or hurt badly that night,” Judge D’Apolito said. “You’re lucky you had police who evaluated this situation properly and didn’t let it get out of hand.”

Assistant Prosecutor Jennifer Paris said police responded to the accident and cuffed Girardi and put him in the back of a cruiser. He was able to slip his hands from behind his back to his front, however, and then get out of the cruiser.

Police then attempted to recuff him when he spit on Carfolo, Paris said.

In court, Girardi said he did not mean to spit.

“I did not spit on purpose,” Girardi said. “I was drunk.” Reports said Girardi refused to take a field sobriety test, and when he was taken to the police station to take a blood-alcohol test, he told police, “Wait until we get in the room” and “Why don’t you fight me like a man?” He also refused to take that test, reports said.

Girardi has been in the Mahoning County jail since Dec. 15 on a parole violation. The plea deal calls for a term of incarceration to be determined by the judge.

Judge D’Apolito said he was puzzled when he found out Girardi has an associate degree in criminal justice and that he also has served prison time for a prior offense. He said when he comes back to court for sentencing, he wants to hear from Girardi how he will make changes to make sure a similar situation doesn’t happen again.

Girardi said that night he drank six shots of whiskey in a two-hour period before the accident.

“I wasn’t thinking. I was drunk,” Girardi said.

Judge D’Apolito said Girardi’s actions were foolish.

“You put them [officers] through a lot of hell because of your immaturity and bad behavior,” Judge D’Apolito said.