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Gun charges lead to three-year prison sentence for Youngstown man
By Justin Wier
YOUNGSTOWN
A Youngstown man will serve three years in prison for illegally possessing firearms on two occasions.
James Abanathey, 29, of Lauderdale Avenue, pleaded guilty to seven counts of illegal possession of firearms earlier this year.
Four charges resulted from a search warrant served at his house Sept. 27, 2016, and the rest resulted from a traffic stop Aug. 4, 2016, prosecutors said.
Abanathey previously served prison sentences for drug offenses in 2013 and 2015, which prevented him from owning a firearm.
Defense attorney Lynn Maro said societal issues were at play because Abanathey has never worked a day in his life, and it’s common for people out of work to turn to drugs for income.
She hoped the three-year sentence would allow him a second chance upon release.
Judge Anthony M. D’Apolito of Mahoning County Common Pleas Court acknowledged that, but questioned whether he should give Abanathey a second chance given that he fled while out on bond.
“I was fooled once by you when I took a chance on you,” the judge said. “How would I not be fooled again? Because your word doesn’t mean a lot to me right now.”
Abanathey said he fled to spend more time with his three children before going to prison. However, the decision resulted in prosecutors’ recommending a longer sentence than they otherwise would have.
Judge D’Apolito asked Abanathey why this intervention would result in him deciding to live within the bounds of the law.
“The only reason I can think of is my three babies,” Abanathey responded.
The judge agreed to the three-year sentence arguing that if three years away from his kids doesn’t persuade Abanathey to abandon a criminal lifestyle, a fourth year likely wouldn’t either.
He warned Abanathey that he would not be so lenient in the future.
In addition to the three-year prison sentence, Abanathey will serve three years’ parole and forefeit $2,432 seized by police.
Judge D’Apolito said he would not approve early judicial release.