Man gets 10 years for attack on aunt


By Joe Gorman

jgorman@vindy.com

YOUNGSTOWN

Timothy Smith told a judge Thursday he did not know why he attacked an aunt in December, but he did say there was a family dynamic that created tensions.

Even though Smith could not explain his actions, Judge D’Apolito of Mahoning County Common Pleas Court said he could explain why he was sentencing him to 10 years in prison – because of the physical and emotion harm he inflicted on his aunt.

Smith, 36, was sentenced after pleading guilty to charges of kidnapping, aggravated burglary and felonious assault. Reports said he forced his way into his aunt’s Bott Street home on the East Side in December and attacked her with a hammer, although Smith denied Thursday using a hammer.

Smith then ran out of the home and was caught by U.S. marshals later at the Western Reserve Transit Authority station on West Federal Street.

“I have scars I know I’ll have ’til my grave,” said Charlotte Adams, the victim. “I don’t know why this happened.”

Reports said Smith beat the victim in front of her grandchildren, and one of them managed to call police.

“He should serve every day [of his sentence],” Adams said.

“I don’t disagree,” Judge D’Apolito said.

Smith’s attorney, Lou DeFabio, told the judge his client has accepted responsibility for his actions and offered to plead guilty at the first pretrial hearing which took place in January, and has offered to make the same plea at every hearing. He said another aunt is an ordained minister and has been counseling him since he has been in the jail, and he has found peace there.

Smith apologized and also said, “I would appreciate any leniency you could give me.”

When asked why he became so angry, Smith said it resulted from a family feud that has been ongoing for some time, and his anger boiled over the night of the attack.

Judge D’Apolito said the 10 years is appropriate, and also said he believes Smith is a threat to commit other crimes if he was not in prison.