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Nine years shaved off prison terms in Kaluza shooting



Published: Wed, March 28, 2012 @ 8:30 p.m.

Nine years shaved off prison terms in Kaluza shooting

YOUNGSTOWN

The 7th District Court of Appeals has shaved nine years off the 50-year prison terms given to Taran Helms and Hattie Gilbert in the 2008 shooting that paralyzed Joseph Kaluza, a former fast-foot store manager, from the neck down after a staged car crash on South Avenue.

The court reduced the total prison terms for each defendant to 41 years by ordering that the four three-year firearm specifications merge into a single three-year gun specification to be served consecutively to all the other sentences.

The two worked together to rob Kaluza on Marach 24, 2008. Kaluza, who managed a Kentucky Fried Chicken restaurant was headed to a bank to make a deposit.

“It’s kind of hard to comprehend because it makes people unafraid to commit crimes because they know they’ll get a light sentence,” Kaluza said Wednesday of the reduction.

“I basically have a life sentence; my sentence cannot be reduced; and they get an easier sentence than I do. I don’t think that’s very fair,” Kaluza said. “Every time you turn around, people win appeals for a lighter sentence.”

Kaluza’s sister, Anna Fitzgerald, concurred, adding, “I think the decision is wrong because Joe’s punishment does not stop. He’s in and out of the hospital, and his life doesn’t get better. I feel it’s unjust and it’s not fair.”

After a jury convicted Helms of attempted murder, felonious assault, aggravated robbery and kidnapping and Gilbert of complicity to all those crimes, then-Judge Timothy E. Franken gave both defendants maximum consecutive prison sentences for each offense.

In its decision last week, the appellate court did not order merger of any of the other sentences, and it did not find that there were any other errors in the trial.

The appellate court ordered Franken’s successor, Judge Lou A. D’Apolito of Mahoning County Common Pleas Court, to resentence Helms and Gilbert according to its instructions.


Comments

1dago62(1 comment)posted 2 years, 9 months ago

THATS THE TROUBLE IN Y-TOWN,THE POLICE DO THEIR JOB ,JUST TO BE SMACKED IN THE FACE WITH A REDUCTION IN MURDERS CASES AND THE DA ALSO IS BEING SLAMMED, WAKE UP JUDGES AND SIT IN JOES CHAIR AND SEE HOW YOU LIKE IT

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2yng00128(67 comments)posted 2 years, 9 months ago

These Judges are a Joke....If you can't hack it as a lawyer become a judge.....This whole country is going to hell!!!!! I am embarassed to call myself American!!!!!!!!!!!!!!!!!!

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3boatonerie(13 comments)posted 2 years, 9 months ago

Please, vote these judges out. Do you think for a minute if someone in their own family had to spend their life in a wheelchair because of these worthless pieces of garbage ... would they lessen the sentence? Vote them OUT!

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4badeepster(118 comments)posted 2 years, 9 months ago

If this were 25 years ago, I'd say let em out now. Then let Lenny and the boys take care of them. We need the mob back!!

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5Lifes2Short(3878 comments)posted 2 years, 9 months ago

When these 2 animals get out, they should live with the Judge and his family.

Kaluza's life, his family, friends lives all changed on that day. And the Judge could care less. It's true, these animals can commit all the crimes they want because there only going to get a slap on the wrist.

What a slap in the face for Kaluza.

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6DwightK(1304 comments)posted 2 years, 9 months ago

No worries. These two animals won't learn anything over the next 41 years. They'll get out and commit another crime to go right back behind bars.

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