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More proof of dysfunction in criminal justice system
TweetA community in shock over the cold-blooded slaying of an 80-year-old God-fearing woman should not have to wonder about the ability of the criminal justice system to make the killer pay for his dastardly deed.
But that’s exactly what residents of the city of Youngstown and of the Mahoning Valley at large are experiencing today as the criminal history of the 18-year-old accused murderer, Jamar Houser, becomes public.
A major part of that history is the revelation that Houser had been in the Mahoning County jail in November on $500,000 bond when Judge Lou D’Apolito of the Mahoning County Common Pleas Court reduced the bond to $20,000, with a 10 percent cash option. As a result, Houser walked out of jail after posting the $2,000.
On Jan. 23, 80-year-old Angeline Fimognari was found shot to death in her car in the fenced-in parking lot of St. Dominic Church on Youngstown’s South Side. Angeline’s purse was missing. Six days later, city police arrested Houser, also known as “Mook,” and charged him with aggravated murder and aggravated robbery. Bond has been set at $3 million.
Why was he on the streets of the city in the first place? Because Judge D’Apolito reduced his $500,000 bond. Why did the judge do that? He isn’t saying. The case is still open.
Why was Houser in county jail three months ago? Because a Mahoning County grand jury indicted him on felony charges of firing a gun into a home, aggravated menacing and assault. As a juvenile, Houser was arrested for receiving stolen property and aggravated robbery. In other words, he has been a plague on society. And yet, he was able to finesse the criminal justice system.
Refreshingly candid
Youngstown city Prosecutor Jay Macejko is refreshingly candid in pointing the finger of blame at county Prosecutor Paul Gains. When Houser sought to have the $500,000 bond reduced, several things should have happened: First, Gains’ office should have contacted the city prosecutor to find out why he and the police believed such a high bond was justified; second, related that information to Judge D’Apolito; and third, D’Apolito should have used the standard for setting bonds articulated by Judge R. Scott Kirchbaum in 2002.
Krichbaum had been asked to reduce a $1 million bond set by Juvenile Court Judge Theresa Dellick to personal recognizance because the defendant could not afford a cash bond of any amount. Krichbaum ordered the woman, who was awaiting trial in the death of her infant son, held without bond.
In a written opinion, he said that Ohio law allows people charged with a felony to be denied bond in cases “where the proof is evident or the presumption great.”
The judge also wrote that bond can be denied if the defendant poses a risk of potential serious physical harm to the victim, a witness or the community.
Indeed, that was the argument city Prosecutor Macejko used in responding to county Prosecutor Gains’ contention that an individual has a constitutional guarantee of a reasonable bond and “the problem is you can’t predict a person’s behavior once they are out.”
Macejko countered that while it is impossible to see into the future and determine who will commit crimes while on bond, a good determinant of behavior is an individual’s record.
And Houser’s record strongly suggested continued trouble with the law.
While Judge D’Apolito remains mum, the community is left to wonder why he would not have given the city police, the city prosecutor and the municipal court judge who set the $500,000 bond, Robert Douglas, the benefit of the doubt when the motion for a reduction was in front of him.
The murder of Angeline Fimognari gives critics of the system a reason to be angry.
Comments
The fact is that criminal culture is alive and well in The Valley and is supported by our justice system . Will it ever change ? I highly doubt it .
"The judge also wrote that bond can be denied if the defendant poses a risk of potential serious physical harm to the victim, a witness or the community."
Let's hope this applies to his parents when they make their court appearance on Monday.
I'll tell you why he did it! He wanted that 2,000 bucks! And it's not just youngstown. Corruption at it's finest and who pays the price? Us tax payers that's who or in this case that 80 year old lady. Sad but true that's the way the system works.
And the animal asked for a reduced bond this time also. Amazing.
Gains is the worst prosecutor in the history of Mahoning County and that includes some pretty bad prosecutors. His only claim to fame is that he got shot by the mob and survived. He's made a career on that incident and the voters are simply uninformed about the shenanigans that go on down there with respect to plea bargains and lowered bonds. The only time we find out is when an innocent victim such as the lady at the church is victimized by both the shooter and the criminal justice system that Gains is orchestrating.
I agree with ericp. Mr. Gains wanted the $2,000 and he didn't want to pay the cost of keeping Jamar Houser in jail.
FIRE Gains - Angeline's death is on his head for agreeing to that reduced bond!!! Don't you hate the way prosecutors play the justice system for all it's worth.
Its all about the money. That is why there are so many laws on the books such as seat belt law(apparently kids on buses and motocyclists dont need them), small fines but heavy court costs for offenses like speeding, failure to stop at stop sign etc, etc,etc. The question is where the hell does this money go?
Why in the world do the people keep electing these clowns? I have said many times before that our elected officials are too comfortabe in their positions. Mr. Gains and the judge need to be removed. Why isn't the judge talking? Is this killers family going to be back on the streets soon? Crime in this valley is not going to go down unless met with severe penalties.
woolyd,
Money goes to house, feed, clothe, and provide health care for the millions we have in prison. It costs ALLOT of money to keep folks in prison.
This case is in its infancy . No attorneys have been assigned for any of the Housers that I am aware of . I see a lot of money milked from the taxpayers and a lot of publicity for the attorneys . Youngstown will get plenty of nationwide media attention through the whole process . All of the Housers will become pawns within the system . Yep, they have now become a golden opportunity for many . Even the media moguls and movie producers may be veying for their share .
What the people of the Mahoning Valley don't seem to realize is that the BALLOT BOX is a VERY powerful tool. Everyone must REMEMBER THAT AT ELECTION TIME, the decisions that are made by these clowns downtown are a very real threat to the quality of life to the people of the Valley. CONVICTED FELONS are given low bonds and are turned loose on the streets. If you are a friend of a Judge, Lawyer, Prosecuter whoever, JUSTICE is served with a pat on the back and the wink of an eye by the MAHONING VALLEY JUSTICE SYSTEM. How can anyone FEEL SAFE in the City or surrounding areas ? Shootings in church parking lots, breaking and entering into homes and assaulting the residents, blatant drug deals taking place the list goes on and on. Should we blame the Police Officers, Investigators and whoever else is laying their life on the line, on a day to day basis, because of the scumbags that are infesting are City are allowed to run WILD, I think not, BLAME should rest with the people that are ultimately turning these scumbags loose to commit more crimes. ELECTIONS ARE NOT THAT FAR OFF, THE RESIDENTS OF THE MAHONING VALLEY MUST REMEMBER THE TRAVESTIES OF JUSTICE THAT ARE TAKING PLACE DOWNTOWN, AND IN THE MEANTIME LET US ALL PRAY THAT NO MORE OF THESE CONVICTED FELONS ARE RELEASED (ON GOOD BEHAVIOR?) TO RULE THIS CITY.
Much of this criticism is misplaced and short-sighted, although I know this is a normal pastime in this valley. I have a good deal of experience with individuals who do not accept commonly accepted social standards in their childhood and youth. If this fellow was denied bail and tried for discharging a firearm into a house or in a house it is unlikely he would have gotten more than a one or two year sentence, probably less. He would have then advanced in his criminal education and left prison only to commit a similar murder of a different person or persons. Anybody committing such a senseless crime is only looking for an opportunity not a justification or provocation. A term of incarceration would not have prevented the murder of someone by this fellow. This type of crime is predicted by the school and juvenile record. Don't blame a judge or prosecutor or even the school for that. Try seeing if his community did anything to show him in his youth that guns, cruelty and violence are common and acceptable.
"psyker99" It seems as though your post is filled with assumptions.
Flip had a nice personality but he had his problems .
http://www.clarkprosecutor.org/html/d...
Assuming after Due Process this career criminal is proven guilty.... His execution needs to be televised for the entire community to witness. This case would be a great example to our citizens that malicious crimes will not be tolerated...
Stan, we sure could use Flip now to eliminate the competition.
Lowered? That's the problem-bonds are too low and sentences are too light. Houser demonstrated as a juvenile that he is a menace to society. Then he goes and fires a gun into a house. It doesn't surprise me he progressed to murder. He should have been denied bond altogether. Garbage like this guy doesn't deserve to see the light of day.