Man asks for attorney despite having $1,300 cash

By Joe Gorman


A Youngstown court official refused a request for a court-appointed lawyer from a man facing drug charges.

Magistrate Anthony Sertick of Youngstown Municipal Court told 21-year-old Darius Javey on Friday there was no way he could grant him the request because of the amount of cash that was found in his possession by police — $1,300.

Javey was arrested at a West Myrtle Avenue home on the South Side about 5:10 p.m. Wednesday. Police found 12 bags of suspected marijuana in the home as well as the cash.

At his arraignment via video hookup at the Mahoning County jail on the charge of drug trafficking, Javey asked for a court-appointed attorney. Sertick then asked a series of questions to Javey that he asks of all defendants who request court-appointed counsel, such as if he has a job, a checking or savings account or owns any property.

Javey said he has not worked for months and has been living with his grandfather. He said he has no income.

Sertick asked Javey how he could have $1,300 in cash if he had no job, no income and was receiving no benefits. Javey said the money was his, but conferred with a lawyer who is at the jail to represent inmates during arraignment before saying that he still wanted a lawyer to be appointed by the court.

Sertick said no.

“You don’t work. You don’t have any kind of a job. You don’t have any kind of assistance. Did it [money]” fall from the sky?” Sertick asked.

“Having that large an amount of cash money, you don’t qualify for court-appointed counsel,” Sertick said.

City Prosecutor Dana Lantz said Javey is set for a probation-violation hearing Friday. Lantz said that case also involved marijuana that came in another drug raid, and he had $892 in cash on him when he was arrested.

Javey said after Sertick refused to grant him an attorney that he would find his own lawyer.

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