43
Three get probation for Christmas Day beating
By Joe Gorman
YOUNGSTOWN
Three men accused of beating a man on Christmas Day because they thought he was involved in shooting a home they were in all received one year of probation.
Sentenced Thursday in municipal court by Judge Elizabeth Kobly on assault charges were Samuel Peterson, 21; Daniel Peterson, his brother, 19; and Ryan Marks, 22.
All three were set for a trial before Judge Kobly before they entered their guilty pleas.
Judge Kobly said she was struck by the fact that none has a high school diploma. She ordered all three to get a GED while on probation.
Police were called to the 3400 block of Neilson Avenue about 3:50 p.m. last Christmas for a report of someone firing shots at a house. When officers arrived, they were told by witnesses that two people were punching and kicking a man in a nearby yard and another man had a baseball bat.
Police later determined it was Daniel Peterson who had the bat, but he claimed in court Thursday he never used it, although reports said that the victim was hit by the bat.
Assistant City Prosecutor Jeffrey Moliterno said the three thought the victim was involved in the shooting of a house where they were all staying.
Judge Kobly said she understands bad blood and neighborhood feuds, but handling things yourself is never an option.
“Taking the law into your own hands and going after somebody is never the answer,” Judge Kobly said. “It can only land you behind bars.”
As part of their probation, all three also must pay $230 each, as part of the expenses of empaneling a jury that was never used, as well as fines of $150 plus court costs, and each must also perform 20 hours of community service by the end of October. Community service also can be performed in lieu of the fines.
She warned all three if they violate their probation, she will impose the maximum jail term for assault, six months in jail.