Struthers man acquitted of attempted-murder charge

June 14, 2019 at 12:00a.m.

Italiano found guilty of firing shot

YOUNGSTOWN

Jurors on Thursday found a Struthers man guilty of shooting another man in the back, but acquitted him of an attempted-murder charge.

Mahoning County Common Pleas Court jurors deliberated for several hours over the fate of Nicholas Italiano, 25, of Morrison Street, who faced two felonious assault counts and an attempted-murder count in the Sept. 1, 2018, shooting.

Italiano was indicted in October for shooting a man in the back at a corner store in the city during an argument over parking spaces. Authorities said the man punched Italiano, who then shot the man from about 15 feet as the man was running away “in full stride,” Joseph Maxin, assistant county prosecutor, said after the verdict.

Police arrested Italiano after reviewing surveillance footage from the exterior of the store. Italiano’s attorneys claimed he acted in self-defense, but prosecutors said Wednesday the circumstances don’t meet the legal criteria for that defense.

Jurors returned a verdict just before 3:30 p.m., finding Italiano guilty of firing the gunshot, but not guilty of attempting to run the man over with a vehicle, which was the basis of the second assault charge.

Assistant county Prosecutor Nick Brevetta told The Vindicator he “can understand why” the jury didn’t convict Italiano on the vehicle assault charge, but added jurors otherwise “did a very good job.”

Though changes to Ohio’s self-defense laws took effect this year – which now require prosecutors to prove deadly force was not justified – Brevetta said criminal prosecution in the county will be unfazed.

“You will not be able to commit crimes against individuals and claim self-defense,” he said. “This is not a ‘freebie,’ and the new law change is still going to protect citizens.”

Italiano’s defense attorney, Ron Yarwood of Youngstown, declined to comment after the verdict. Italiano also was represented by Youngstown attorney James Gentile.

Though defense attorneys moved to continue Italiano’s bond until his sentencing date – which has yet to be set – presiding county Judge Anthony D’Apolito revoked that bond and remanded Italiano to the county jail.

Italiano faces a maximum of eight years in prison, not including a mandatory three-year sentence for the firearm specification.