The defendant wants to seek anger management counseling instead of going to prison.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A judge will decide whether Tito Riley goes to prison or stays home to get probation and counseling.
Riley, 25, of North Kimberly Avenue, was sentenced June 26 to a year in prison by Judge R. Scott Krichbaum of Mahoning County Common Pleas Court. He had pleaded guilty in March to felonious assault for beating his mother's former boyfriend.
Riley said at the time that he was angry at the man because he'd beaten up Riley's mother. Prosecutors said there was no proof of that.
Back in court
Riley was back in court Wednesday with his lawyer, Albert Palombaro, asking Judge Krichbaum to reconsider the sentence. They want Riley to be placed at Community Corrections Association on North Market Street, where he can get counseling for anger management.
Palombaro agreed that Riley was out of line, but said there was some justification for it.
"He shouldn't have done what he did," Palombaro said. "But he acted as an enraged son of a mother who had been beaten up."
Riley got a job just before he was sentenced, but will lose it if he's sent to prison, Palombaro said. Riley's boss submitted a letter to Judge Krichbaum saying he could come back to work if he is allowed to remain in the community instead of going to prison.
Judge Krichbaum said he'll take the matter under advisement and issue a ruling later.