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After hearing from victim, judge continues sentencing
By Joe Gorman
YOUNGSTOWN
It is not easy to change the mind of Judge R. Scott Krichbaum, especially after it’s made up.
But Bernie Belfrage was able to do that Thursday in Mahoning County Common Pleas Court, as a man accused of punching Belfrage in the face last November at Club 76 in Austintown, which in turn caused Belfrage to suffer a brain injury after he hit his head, was to be sentenced to six months in the Mahoning County jail.
Justin Hall, 29, of McDonald, had pleaded guilty in April to an amended charge of aggravated assault, a fourth-degree felony, down from an original charge of felonious assault, a second- degree felony.
At the time, Assistant Prosecutor Steve Maszczak recommended a sentence of six months. He said the Belfrage agreed to a six-month sentence despite suffering a brain injury when he fell and hit his head after he was punched. At the time of the plea, Judge Krichbaum agreed he would go along with the recommendation.
When the judge asked why Belfrage was OK with that, Belfrage came up to address the court. After hearing Belfrage speak, however, he changed his mind.
“I didn’t know then what I know now, and justice requires I impose the appropriate sentence,” Judge Krichbaum said.
Belfrage said since April he has changed his mind and he believes Hall deserves a far tougher sentence. Belfrage was a bouncer at Club 76 and the night he was punched ,there was a fight. Belfrage moved toward the fight but never got involved and the fight ended. Without warning, he was punched by Hall, fell back and hit his head. He said he does not even remember the punch. His next memory was waking up in the hospital, Belfrage said.
Belfrage said he was in the hospital for several weeks and close to dying. He then went to a rehabilitation facility. He lost about 40 pounds and could not work for a long time. He said he has lost so much muscle mass he cannot partake in one of his favorite pasttimes, shooting a bow, because he said he cannot draw back the bow string.
“Doing nothing, just being a good guy, I ended up losing everything I have for the future, and I ended up being bitter about it,” the 67-year-old Belfrage said. “I’m alone, and I have nothing really important to do anymore.”
After hearing how the punch affected him, Judge Krichbaum said six months of county jail time did not seem sufficient.
“When I hear what this guy did to you, I would hurt him real bad for what he did,” Judge Krichbaum said.
Belfrage said that was fine with him.
“I get more bitter all the time,” Belfrage said. “I would not be unhappy if the punishment was worse.”
Judge Krichbaum told Hall and his lawyer, Robert Root, that he would not live up to the sentencing recommendation based on what he knows about how the punch affected Belfrage. The judge said he would allow Hall to vacate his plea and start all over again in the case or he could keep his plea but the sentence would be harsher than what was agreed on. Root said his client wanted to maintain his plea but asked to continue the sentencing for a week so he could have time to argue for a lesser sentence. The judge agreed.