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Mahoning prosecutor opposes early release in 2011 domestic assault case



Published: Thu, December 12, 2013 @ 12:02 a.m.

Mahoning prosecutor opposes early release in 2011 assault case

Staff report

YOUNGSTOWN

The prosecution opposes early release of a man who was sentenced to four years in prison for fracturing a woman’s eye socket when he pistol-whipped her in front of her 8-year-old daughter.

On Wednesday, Rebecca L. Doherty, chief of the criminal division of the Mahoning County prosecutor’s office, filed a notice of opposition to Gerald Hardaway’s motion for early release from the Richland Correctional Institution, saying the victim is “adamantly opposed’’ to his release.

Doherty said the victim also suffered facial bruising and a mouth injury in the Aug. 26, 2011, assault, in which she said the victim’s injuries “were severe and unprovoked.”

Hardaway, who fired two shots at the woman as she left the scene, “is a danger to the community” and should fully complete his prison term, Doherty wrote.

After Hardaway, 32, of Ravenwood Avenue, pleaded guilty as charged to felonious assault, Judge Lou A. D’Apolito of Mahoning County Common Pleas Court imposed the prison time in May 2012.

Arguing for his early release, Hardaway’s lawyer, Lynn Maro, said her client has a “strong desire to be a productive member of society” and has completed anger management and other self-improvement classes in prison “focusing upon discipline, respect for others and impact upon victims.”

Judge D’Apolito overruled Hardaway’s December 2012 and May 2013 motions for judicial release.


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