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Man sentenced for pulling on cop's gun
By Joe Gorman
YOUNGSTOWN
A man who was convicted in Mahoning County Common Pleas Court on a charge of aggravated robbery for tugging at a police officer’s gun while it still was in its holster was sentenced to a year in the county jail Tuesday.
Judge Lou A. D’Apolito, who also presided over the bench trial Aug. 4 and found Michael Merzlak, 27, of Medina, guilty, said that while prison was not necessary, some sort of punishment was in order to show people that disrespect for police officers is not a good thing.
“In the last few months, when being a police officer is a very difficult and dangerous job, the public has to show respect,” Judge D’Apolito said.
The judge also said that recidivism factors for Merzlak were close to nonexistent and he has no significant criminal record. Those were factors that worked in Merzlak’s favor for a nonprison sentence, the judge said, but jail time was still warranted.
“In my mind, a lack of freedom is a lack of freedom,” Judge D’Apolito said.
Prosecutors were asking for a sentence of four years in prison. Merzlak’s attorney, Kenneth Lewis, asked for probation, saying that his client’s record, the fact that he has a good job and is continuing his education counted for him. Lewis also gave the judge several letters on his client’s behalf including a letter from his client apologizing to the officer, city Patrolman Marc Gillette.
“This is a productive member of society,” Lewis said of Merzlak. “He has a purpose.”
Gillette was working security at a concert Oct. 4 at the Covelli Centre when he felt himself being jostled and then felt someone tug on his gun twice. He turned and found Merzlak, who had his hand on his gun. He escorted Merzlak outside and handcuffed him, while Merzlak repeatedly said he was sorry. Reports said Merzlak appeared very drunk.
Merzlak spoke briefly, apologizing and saying that he has made mistakes before in his life but has always been able to make positive changes because of them.
Judge D’Apolito said he realized Merzlak was sorrowful and probably regretted what he did, but he said not only was disrespect shown for the law, but Merzlak could have provoked a dangerous situation where someone could have gotten hurt.
“We’re lucky we did not have some kind of real tragedy,” Judge D’Apolito said.
Judge D’Apolito also said the conviction is one that cannot be expunged from Merzlak’s record, and it will follow him throughout his life.