Judge McKay sentences Kimble to 10 years for drug trafficking
The defendant plans to appeal the sentence.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- Laughter followed by the word outrageous came out of Lyndal Kimble's mouth seconds after a Trumbull County Common Pleas judge sentenced him to 101/2 years in prison.
Kimble, 30, convicted of eight counts of drug trafficking, two counts of cocaine possession and one count of tampering with evidence, said moments after Wednesday's sentencing hearing that he plans to appeal.
"It's just outrageous, outrageous," Kimble said as he was led away in handcuffs by Trumbull County deputies.
Both Kimble, and his attorney, Richard Olivito, felt Judge W. Wyatt McKay's sentence was too long.
Olivito stressed to the judge that Kimble is a nonviolent offender and a stay-at-home father who is devoted to his children.
Diane Barber, an assistant Trumbull County prosecutor, who handled the case, however, was quick to point out that police have videotapes showing Kimble selling drugs from his home, which he shared with his children.
Judge McKay said during sentencing that Kimble had prior convictions, has not shown remorse and has a pattern of drug and alcohol abuse.
Kimble, who faced up to 16 years in prison, was convicted of the charges after an April jury trial.
Before the trial, prosecutors had offered Kimble a plea bargain in which they would recommend he receive four years in prison. Kimble rejected the offer.
Kimble's June 2003 arrest received national attention over his allegation of police brutality. That traffic stop and arrest were videotaped by a bystander and then shown to local and national broadcast networks. Warren police said Kimble swallowed a small amount of suspected drugs before resisting the officers, who were trying to get him to spit out the evidence.
Kimble has filed a federal lawsuit contending that his constitutional rights were violated when he was arrested.
"You people have been mad at me for two years," Kimble said while looking at the city police officers standing in the back of the courtroom.
Greg E. Griffith, of Kent Anti-Racist Action, said his organization believes the sentence will send the wrong message to victims of police brutality.
"With this sentencing, the prosecutors office is seeking to set precedence and put forward an example for all of the many victims of police brutality within their jurisdiction, that to speak out against the status quo will bring unfounded consequences," Griffith said.