Man gets second chance in drug cases

June 10, 2016 at 12:00a.m.

YOUNGSTOWN

Jerrell Shorter on Thursday changed the mind of not only a judge, but also a prosecutor.

The 19-year-old Shorter was in Mahoning County Common Pleas Court to be sentenced after pleading guilty March 17 to charges of illegal conveyance of prohibited items into a detention facility, possession of cocaine and two counts of possession of heroin as well as the forfeiture of $1,732 in cash. Two arrests led to Shorter’s charges.

Assistant Prosecutor Mary Beth DiGravio told Judge John Durkin that when Shorter made his pleas, she was recommending prison time because his second arrest in February came while he was out on bond after being charged with the same offenses in December. She said she hoped prison would be a “wake-up call” for the young Shorter, but she said Thursday that might not be necessary because of his behavior since he entered his pleas.

Judge Durkin also said that when Shorter made his pleas, he was strongly inclined to sentence him to prison, but promised not to make up his mind until Shorter was before him for sentencing. Since his pleas, he has graduated from high school, obtained a job and stayed out of trouble.

After hearing of the progress Shorter has made and listening to his remarks before sentencing, Judge Durkin agreed with a request by defense attorney Brian Tareshawty and sentenced Shorter to three years’ probation.

“There’s something that I see and something that I heard that tells me you won’t be back here again,” Judge Durkin said.

In December, Shorter was arrested after a traffic stop and suspected heroin was found on him when he was booked into the Mahoning County jail. On Feb. 3, he was arrested again and booked into the jail, and corrections officers found a pair of spandex pants underneath his regular pants that had suspected crack cocaine and heroin inside them. He also had $1,732 in cash when he was stopped by police, which was forfeited Thursday.

Tareshawty said he told his client after he entered his pleas to finish school, find work and more importantly, stay out of trouble. He said his client was dealing drugs because he was also using drugs at the time and maybe he could avoid serious prison time if he could convince Judge Durkin he had changed his life.

“I told him it would be an uphill battle,” Tareshawty said.

Tareshawty said his client now has goals in his life and a direction. He urged the judge to give Shorter probation, telling Judge Durkin it was Shorter’s chance to prove that he has changed.

“Make him jump through the hoops,” Tareshawty said. “At this point, he’s worth a chance.” As part of his probation, Shorter must get an assessment for drug treatment, get the treatment and stay employed. If he violates his probation, Judge Durkin said he faces four years in prison and he most likely will go to prison.