Man sentenced to 9 years in prison goes free on appeal

Felonious assault, resisting arrest convictions overturned

YOUNGSTOWN -- A man sentenced to nine years in prison two years ago for striking a Smith Township police officer with his car walked out of Mahoning County Common Pleas Court a free man on Wednesday.

Donald Holladay, 30, of Mogadore, had served two years in prison when he found out last month that the 7th District Court of Appeals had overturned his felonious assault and resisting arrest convictions, which made up seven of the nine years of his sentence.

The court only left standing Holladay's obstructing official business conviction and a probation violation, which accounted for two years of his sentence. He was released from prison Nov. 30.

Attorney Ed Czopur, who handled Holladay's appeal, contacted Ralph Rivera, assistant Mahoning County prosecutor, when he learned of the decision around Nov. 24 and they drafted a motion to Judge Maureen Sweeney, the judge who presided over Holladay's case, and told her they recommended that Holladay be released from prison immediately.

The judge agreed and ordered his release a few days later.

Czopur said Holladay was thrilled when he learned of Sweeney's decision.

"He thought he was going to be spending nine years in prison and instead he was going home," Czopur told The Vindicator.

Even though Holladay was released, the appeals court ordered the judge to have a hearing to determine whether Holladay had completed his sentence. Sweeney determined Wednesday that he had.

Appeals judges David D'Apolito, Gene Donofrio and Carol Ann Robb ruled there was insufficient evidence presented at the trial to prove felonious assault and resisting arrest because there was no testimony given to indicate that Holladay was intending to use his minivan as a weapon.

Aaron Meikle, one of the two assistant county prosecutors during the trial, said of the case: "While the jury thought there was enough evidence, the court of appeals felt there was not enough evidence for the conviction."

WHAT HAPPENED

The charges were filed after an Oct. 12, 2018, incident near the North Benton Post Office in Smith Township.

Smith Township patrolman Chad Caughey was the only witness in the trial. He testified that he was dispatched for a minivan that was parked in the North Benton post office parking lot for several hours.

The rural post office public-service counter had been closed about 90 minutes when the patrolman arrived.

The officer knocked on the window but got no response after seeing Holladay asleep on the front passenger seat. He thought Holladay might have overdosed. When he knocked a second time, Holladay awakened. The officer asked Holladay if he was OK, according to court testimony.

Holladay replied with an expletive and refused to exit the vehicle. Caughey called for an officer from Sebring to assist. Holladay then reached down to the floorboard, and climbed into the back of the vehicle, Caughey testified.

The officer took cover behind a nearby truck, drew his service weapon and ordered Holladay to show his hands, but Holladay raised a finger in an offensive gesture and again swore at the officer.

Caughey said his intent was to arrest Holladay for disorderly conduct because of his use of profane language and failure to comply with orders. Caughey said he also is required to document any contact he has with the public and needed Holladay's name and address for report purposes.

Because he could not see well into the van and Holladay had moved to the front driver's seat, the officer repositioned himself on the driver's side of the car a few feet behind the rear-view mirror. The officer had a baton in one hand and his service weapon in the other, then saw Holladay putting the van in reverse and accelerating the vehicle. The tires had trouble gaining traction in the gravel, according to court testimony.

The officer testified that Holladay was "not coming after" the officer with the van but was "trying to leave," the ruling states. The officer "bounced off the frame of the vehicle," broke the driver's window with his baton, and Holladay hit the brakes. Caughey was not injured.

The Sebring officer arrived then, and they ordered Holladay out of the vehicle, but Holladay still did not exit. Holladay then got out of the vehicle and fled on foot, but Caughey tackled him, causing Caughey to get a sprained wrist.

Mahoning County Assistant prosecutors told jurors in opening statements and closing arguments that Holladay turned the steering wheel before stepping on the gas pedal and "swung the front end of the minivan into Patrolman Caughey," the ruling states. However, Caughey did not testify that Holladay turned the wheel. Instead, that information was apparently contained in a police report, which was not admitted into evidence, the ruling states.

erunyan@tribtoday.com