Brother's funeral no excuse, Judge Kobly tells dad

YOUNGSTOWN

Kelim Rushton told a judge in municipal court Wednesday he already had missed the funeral of one brother when he was in jail. So when he attended the funeral of a second brother in Detroit, he said he never gave it a second thought – even though it was a probation violation.

Judge Elizabeth Kobly never gave her sentence much of a second thought, ordering the 31-year-old Rushton to serve seven months in jail for violating his probation on convictions in 2011 for loud music and driving under suspension.

Rushton was in violation because he had missed a reporting date by about a week when he went to Detroit. He said when he came back he had custody of a son and decided to see how long he could slide through the violation without having to report – instead of turning himself in.

“By the time I got back here, I was already violated,” Rushton said. “I figured I would go as long as I can.”

Rushton said he has custody of his son and was working to support him before he was picked up in September on the parole violation.

His lawyer, Andrea Burton, said there was no excuse for Rushton not reporting for his probation, but she did add,

“It is a unique experience for me in Mahoning County to have a father that not only works for his child but has custody of his child.”

Read the judge's response and more about the case in Thursday's Vindicator or on Vindy.com.