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Man gets the max: 40 years in prison



Published: Tue, September 29, 2009 @ 12:05 a.m.

Krichbaum’s sentence would keep the repeat violent offender locked up until he’s 91 years old.

By Peter H. Milliken

YOUNGSTOWN — A repeat violent offender who was convicted by a jury last week of kidnapping and aggravated burglary has received maximum consecutive sentences totaling 40 years in prison, which would keep him locked up until he’s 91 years old.

Judge R. Scott Krichbaum of Mahoning County Common Pleas Court imposed the sentence Monday on Daniel Austin, 51, of Forestview Drive, who broke into an East Side woman’s home and held her against her will in May.

The sentence consists of 10 years on each charge, plus 10 years for the repeat violent-offender specification attached to each charge, all to be served consecutively.

The violent-offender specifications stem from Austin’s 1980 conviction for the aggravated murder of Steve Bona Sr., 78, of Woodside Avenue, for which he was sentenced to 16 years to life in prison. He was released from prison in 2001.

In the case for which Austin was sentenced Monday, Gabriel Wildman, assistant county prosecutor, told the jury Austin took a spare key from a 50-year-old East Side woman, entered her home and waited for her to return.

Austin beat the woman unconscious, locked her in a storage closet and told her he was going to kill her and leave her in a field where she would not be found, Wildman said.

The woman told Austin she had to use the restroom and managed to run to a neighbor’s house for help, Wildman added.

The jury acquitted Austin of felonious assault and attempted aggravated murder charges in the May incident.

Wildman told the judge he endorsed the victim’s recommendation for a 40-year prison term, but the victim did not give a victim-impact statement in court.

“It’s a home-invasion case where he kidnapped her. He tortured her. He tied her, bound her, threw her in a closet and told her that he would kill her,” Wildman said. “It amounts to needless and senseless violence,” he added.

Wildman said the crimes changed the victim’s life “for the worse in a very dramatic way” and that she has trouble sleeping.

Defense lawyer Paul Conn said the maximum sentence shouldn’t be imposed because the prosecutor couldn’t prove that Austin caused or tried to cause physical harm or serious physical harm. He also said his client isn’t likely to re-offend because of his age and health problems.

Austin maintained his innocence in the homicide and in the current case and said he plans to appeal. “I’ve never had a fair break in these halls,” he said afterward.

Judge Krichbaum found that the victim suffered serious psychological injury and he found no factors that reduced the seriousness of the crimes.

“He’s already proven that he is someone who is incapable of maintaining a law-abiding life,” the judge said of Austin.

“There are times I am glad I’m here because somebody’s got to do this and got to do the right thing in a case like this,” Judge Krichbaum said before pronouncing the sentence.


Comments

1Stan(9923 comments)posted 4 years, 9 months ago

"The violent-offender specifications stem from Austin’s 1980 conviction for the aggravated murder of Steve Bona Sr., 78, of Woodside Avenue, for which he was sentenced to 16 years to life in prison. He was released from prison in 2001."

When these killers are released and given a second chance far too many start doing their thing all over again . The death penalty after his first murder would have spared this woman her ordeal . She is luck to be alive .

"Austin beat the woman unconscious, locked her in a storage closet and told her he was going to kill her and leave her in a field where she would not be found, Wildman said.

The jury acquitted Austin of felonious assault and attempted aggravated murder charges in the May incident."

If this man would have attacked any of the jurors would have the been so compassionate toward him ?

Suggest removal:

2L0L(640 comments)posted 4 years, 9 months ago

Krichbaum is about the only judge I ever hear of ACTUALLY giving it to these scum. I will ALWAYS vote to re-elect this guy.

Suggest removal:

3khaos(8 comments)posted 4 years, 9 months ago

Stan,

It's not about jurors being compassionate. It's about jurors doing there job and following the letter of the law in doing so.

I understand your stance on the death penalty. Anyone who can murder or rape cannot be a functioning member of a lawful society. That's my opinion. Personally I'd rather have them shipped off to a remote island and left to "survive" and deal with each other. Death is an easy way out. I'd rather see them actually suffer and while suffering in the struggle to stay alive think everyday why they are there.

Suggest removal:

4Stan(9923 comments)posted 4 years, 9 months ago

khaos:

Juries can give these scum all sorts of breaks . It is for good reason that you are asked if you were ever a victim of a crime .

"Austin maintained his innocence in the homicide and in the current case and said he plans to appeal. “I’ve never had a fair break in these halls,” he said afterward."

There are those who would argue that Austin is the victim. In my opinion he should have been given a fair break the first time AKA the death penalty !

Suggest removal:

5Ladytaz0930(69 comments)posted 4 years, 9 months ago

Stan,

I agree with you that they should have given him the death penalty. But as you always have a negative comments for everyone.....do you need some grammer and spelling practice today:

"If this man would have attacked any of the jurors would have the been so compassionate toward him ?"

Your comment above makes no sense.

Suggest removal:

6Stan(9923 comments)posted 4 years, 9 months ago

Ladytaz0930:

Hey, thanks for pointing out the error in my ways ! It was a slip of the fingers !

I HAVE CORRECTED THE ERROR !

"If this man would have attacked any of the jurors would have they been so compassionate toward him ?"

I don't have a negative comment for everyone. Just those who deserve it . :)

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