Man sentenced for sixth OVI offense

January 7, 2016 at 12:03a.m.

YOUNGSTOWN

Anthony McHellon told Judge Elizabeth Kobly as he was being sentenced in municpal court Wednesday for his sixth OVI that he is glad he did not hit a car or injure anyone when he was arrested and charged with being drunk in his vehicle in August.

Judge Kobly replied she was going to do everything she could to make sure McHellon got the message that the next time he wants to drink and needs to go somewhere, that he calls for a ride so he doesn’t kill anyone.

McHellon, 63, of East Midlothian Boulevard, was sentenced to four months in the Mahoning County jail. The charge, a first-degree misdemeanor, carries a maximum sentence of six months, but Judge Kobly said if she gave McHellon the maximum sentence she would not be able to place him on probation so she could keep an eye on him. He also was given three months’ probation.

McHellon was arrested about 8:25 p.m. Aug. 3 after police were called to the 1600 block of Homewood Avenue on a report of a man passed out in a car for at least an hour. When officers arrived, they found McHellon in the driver’s seat with the car running, and they had to wake him up. McHellon, however, could not stay awake and was taken to St. Elizabeth Youngstown Hospital where he still could not stay awake there.

Blood tests showed McHellon had a blood alcohol content of 0.281. The legal limit in Ohio is 0.08.

Court records show McHellon has previous OVI convictions in 1988, 1993, 1997, 2002 and 2011 as well as a warrant from Pennsylvania for an OVI case in 1993. McHellon said that is the first he has ever heard of that case.

McHellon, who told the judge he has several health problems and has worked the same job for 12 years, asked for a lenient sentence. Judge Kobly said, “no.”

“You’re going to kill somebody,” Judge Kobly said. “You were so drunk on the date of this event that no one could wake you up.”

Judge Kobly said past convictions have merited a day or week of jail time at the most but she said a long sentence is necessary.

“I need to do something drastic to get your attention,” Judge Kobly said.

McHellon also had his license suspended for three years, and if he ever gets it back, he will have restrictive plates and a device that will not allow his car to start if he has been drinking. She told McHellon: “You wouldn’t be able to live with yourself if you kill somebody.”

“I wouldn’t,” McHellon replied.