43
Man now batting .500 as his own lawyer
By Joe Gorman
YOUNGSTOWN
An employee of a downtown store testified Tuesday a man accused of threatening him has been cocky since he managed to have a murder charge dropped against him last year.
That man, Jayjuane Hardy, 43, who is homeless, was acting as his own attorney in municipal court before Judge Elizabeth Kobly for the second time within a month. He was accused of criminal trespassing and aggravated menacing for threatening that employee, Ismail Abuawad, at the Downtown Circle on May 23.
The arrest came four days after Hardy, acting as his own lawyer, was found not guilty of assault before Judge Robert Milich.
But his luck did not hold up Tuesday. Judge Kobly found him guilty of both charges during a bench trial and sentenced him to six months in Mahoning County jail, with 30 days suspended, and two years’ probation.
Abuawad testified he is afraid of Hardy because Hardy has threatened him before and also because Hardy pleaded guilty to a reduced charge of aggravated assault for the May 2014 death of another homeless man in a Front Street parking lot.
Police have arrested or cited Hardy six times since he was released from jail in December.
Abuawad said he confronted Hardy about 7:30 p.m. May 23 after Hardy began arguing with another employee on the sidewalk in front of the West Federal Street business, where there are tables for patrons to eat lunch or dinner.
He said he told Hardy to leave, but Hardy refused. After they argued for a few minutes, Hardy threatened to kill him.
Officer Brian Ferreri, who patrols a downtown beat and ended up arresting Hardy, said he was coming out of the back of the police station on Boardman Street and heard a commotion from the area of the store. He also said he heard Hardy threaten Abuawad.
“I actually heard him yelling, ‘I will kill you,’” Ferreri testified.
In his closing argument, Hardy said he should be found not guilty because since he was on the sidewalk that is a public place, and no one can be afraid of being harmed if they do not know the accuser.
But Judge Kobly said the sidewalk was part of the business where the tables were and Abuawad did know of Hardy.
She warned Hardy to stay away from the business.