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Man gets 20 to life for Struthers murder
By Joe Gorman
YOUNGSTOWN
Roy Cleary said he was sorry for the murder of Mark Westfall last July and also asked for mercy.
But Judge Shirley Christian told Cleary, 41, as he was being sentenced for the murder of the 56-year-old Westfall, that consecutive sentences were necessary because of the brutality of the crime and also because of misleading statements Cleary made to investigators. She upheld a sentencing recommendation of 20 years to life in prison.
Westfall, who used a walker, was stabbed 47 times by Cleary last July. Cleary pleaded guilty April 15 to charges of murder and aggravated robbery, and attorneys recommended a sentence of 15 years to life on the murder charge and five years on the robbery charge, to run consecutively.
Cleary said he was sorry and deserved to be punished for Westfall’s death and that if he could get out of prison early, he will speak to others about making poor choices and their consequences.
“Is it possible to run the five [years] concurrent with the 15?” Cleary asked.
Judge Christian said no.
“There is absolutely no explanation – no reason – why anybody should stab somebody 47 times,” Judge Christian said. “It doesn’t surprise me you can’t explain it, because it’s not explainable.”
Assistant Prosecutor Nick Brevetta said Cleary killed Westfall over prescription medication Westfall had and then fled to Pennsylvania, where he was captured a couple of days later by U.S. marshals.
Chad Westfall, Mark’s son, told the judge he believes in forgiveness but is not quite there yet.
“Today it’s just not there for me to forgive,” Chad Westfall said. “And it is not for my family, either.” Chad Westfall, who trembled slightly as he spoke, said he thought of when his son was born and how happy his father had been.
“Dad was the happiest he had been in years,” Chad Westfall said.
“For me, my heart hurts,” Chad Westfall said. “It hurts every day. It did every day leading up to this.” Ed Hartwig, Cleary’s lawyer, said his client grew up in a single-parent home around substance abuse and never finished high school. For all that, however, Hartwig said his client never was accused of a crime of violence until this case.
Judge Christian said she was disturbed that Cleary told investigators he did not owe child support when records show he owes $40,000, and she also was upset that he told them he was a college graduate, yet records show he never graduated high school. She said that concerned her because it shows he cannot tell the truth.