OUNGSTOWN — The prosecutors, defense attorneys and even Judge Anthony D’Apolito seemed to agree Wednesday that Michael Sherman’s sentence — 23 years to life — is harsh for the role he played in the 2018 killing of Brandon Wareham.

Wareham, 18, of Austintown, was shot to death in the driveway of a home on Rhoda Avenue on the West Side on March 3, 2018. Sherman, 21, and four others lured Wareham there to sell marijuana, but the five intended to steal it from him instead.

The theft went bad when Wareham attempted to back out of the driveway and was shot. Prosecutors have said the triggerman was Mark Winlock Jr., 19, but Daniel Sullivan II, 19, and Sherman also were right behind Winlock when the shots were fired, so all three were charged in Wareham’s murder.

Sullivan cooperated with prosecutors and was sentenced to 14 years in prison. Sherman was convicted at trial of complicity to aggravated murder, but the penalty for complicity is the same as being the triggerman. Winlock has not been sentenced.

Before sentencing, D’Apolito commented that the Ohio laws on complicity to murder “are what they are,” but it’s the judge’s responsibility to “follow the law” and sentence Sherman to the penalty required.

D’Apolito said testimony showed that Sherman was the “third in line” in the attempted robbery that ended in Wareham’s death but could get the most severe penalty.

Winlock’s guilty plea to murder calls for him to get 18 years to life in prison. He has tried to rescind his guilty plea, but that matter is pending.

Sullivan testified during Sherman’s trial that Winlock was first to get to Wareham’s car during the robbery, and he pointed a gun at Wareham, who tried to back up his car and “pull off.” But Winlock shot Wareham. Sullivan and Sherman were near Winlock at the time. They all fled.

Defense attorney Tom Zena told the judge before sentencing he considered Sherman “one of the last people you would ever think would be in this situation, but here he is.”

He said the killing was “one person with an agenda and other people being involved.” He said prosecutors offered plea offers to Sherman twice, but Sherman refused because he thought he was innocent.

“It’s so difficult to explain complicity to someone who doesn’t understand the law,” Zena said. “And unfortunately, in these circumstances, the most important decision in any criminal case is made by a person who knows the law the least. And that’s just the way our system is.”

When Sherman spoke, he maintained his innocence, saying he hopes someday the truth will come out, adding, “I will continue to defend my name.”

Wareham family representative Julie Householder told the judge about Wareham, saying he was “funny, sensitive, kind and intelligent. He was a great friend.” She added, “Brandon’s life mattered to us. He was loved so very much.”

Before sentencing, the judge called the Wareham murder “one of the sadder cases I’ve seen” because of the death of Wareham, the trauma his girlfriend experienced by seeing him shot to death, and the time five young people will spend locked up.

“Just tragedy from top to bottom, front to back,” D’Apolito said.

runyan@tribtoday.com