43
Prosecutor opposes judicial release in homicide case
YOUNGSTOWN
A man sentenced in August 2007 to 15 years in prison for a 2004 homicide and a 2005 restaurant robbery is seeking early release, but the prosecution has voiced its opposition.
Timothy A. Overman, 33, formerly of Poland, filed the motion for judicial release Friday through his lawyer, Samuel G. Amendolara of Boardman.
Overman, who is in the North Central Correctional Institution in Marion, asked Judge Lou A. D’Apolito of Mahoning County Common Pleas Court to schedule a judicial-release hearing.
Overman pleaded guilty to voluntary manslaughter in the Jan. 20, 2004, shooting death of Jason W. Gasior Jr., 23, in Gasior’s East Midlothian Boulevard apartment.
Police said the slaying likely stemmed from an argument over drugs or money.
Overman also pleaded guilty in the April 10, 2005, armed robbery of the Springfield Grille restaurant in Boardman, in which $2,000 was taken.
He was sentenced by Judge Charles J. Bannon of common pleas court, who gave him credit for the 803 days he already had been jailed.
Richland County Common Pleas Court and state prison records show a 15-month consecutive prison term was imposed on him in 2011 for attempted possession of a deadly weapon under detention.
His stated prison time is set to expire May 30, 2021.
In the motion for judicial release, Amendolara said Overman “has shown genuine remorse,” has strong family support and has taken classes from Youngstown State and Ohio universities while incarcerated.
Martin P. Desmond, the assistant county prosecutor, who prosecuted Overland for his 2004 and 2005 crimes, said, however, he is opposed to his being released from prison now.
“He’s a bad guy. We don’t want him back on our streets,” Desmond said.
“The agreement was for 15 years, so the fact that he’s coming back after the fact and trying to get something that wasn’t agreed upon is a breach of that agreement, and we’re opposing it,” Desmond said.