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Man gets max sentence for punch that caused brain injury
By Joe Gorman
YOUNGSTOWN
Justin Hall said no one else is to blame for the punch he threw in November that gave a man a brain injury.
Judge R. Scott Krichbaum agreed, sentencing him to 18 months in prison Thursday.
Last week, Hall was to receive six months in the Mahoning County jail, but after Bernie Belfrage, 67, told the judge in common pleas court how much the punch has affected his life, Judge Krichbaum said he could not abide by that sentencing recommendation because he thought the penalty was too lenient and he was not sure it was appropriate.
He offered Hall the chance to withdraw his plea and start all over with the original charge, felonious assault, which caries an eight-year prison term, or aggravated assault, which carries a maximum term of 18 months.
Hall, 29, of McDonald, chose to keep his plea and the hearing was prepared for a week so his attorney, Robert Root, could have time to argue for his client.
Belfrage was a bouncer at Club 76 in Austintown. Police said a fight broke out at the bar and Hall punched Belfrage, who was not involved in the fight, and he fell back and hit his head on the floor.
Belfrage suffered a serious brain injury and told the judge last week the injury has robbed him of the things he used to do.
Belfrage did not speak Thursday, but Root and Hall both did.
Root told the judge his client has no prior criminal record, was a youth sports coach, has two children, is married and has had the same job for about eight years.
Root said Hall was out celebrating a friend’s engagement when they decided to go to Club 76. Hall had been drinking and was wearing a “political shirt,” because it was close to the November election when Hall got in an argument with another man about the shirt. That started the fight.
Neither Root nor Assistant Prosecutor Steve Maszczak would comment on what type of shirt Hall was wearing.
Hall apologized, saying the punch was out of character for him. He said when he found out how seriously injured Belfrage was he prayed for him to get better. He said the entire incident has caused anxiety for him and his family.
“Clearly, I would never hit an old man,” Hall said. “It happened, and I’m sorry.”
Hall said by going to prison he would probably lose his job and career. “I honestly didn’t know what I was doing,” he said.
Judge Krichbaum said he had to take into account for sentencing the impact it would have not just on Belfrage but also on Hall. He said he believes that was accomplished because Hall pleaded guilty to a lesser charge that carries a maximum penalty far below the maximum penalty for the felonious-assault charge for which he was originally indicted.
“The only reason this all happened is because you made the decision to go there and you made the decision to drink,” Judge Krichbaum said.