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Supreme court orders killer to be resentenced

COLUMBUS — The Ohio Supreme Court has reversed the decision of the 7th District Court of Appeals in the aggravated murder case of Kyle J. Patrick of Youngstown. The justices sent the case back to Mahoning County Common Pleas Court for resentencing.

Patrick, 26, of Youngstown, was 17 in April 2012 when he fatally shot Michael Abinghanem in Youngstown. Patrick was convicted in a 2017 jury trial of aggravated murder, aggravated robbery, tampering with evidence and a gun specification. Judge John Durkin of Mahoning County Common Pleas Court sentenced Patrick to 33 years to life in prison.

On appeal to the 7th District Court, Patrick argued that Durkin failed to consider Patrick’s youth when he imposed a life sentence. Patrick called that a called a violation of his constitutional rights. The appeals court upheld the conviction and sentence, and Patrick appealed to the Ohio Supreme Court.

In its ruling, the Ohio high court stated that Durkin needed to articulate that he considered Patrick’s youth at Patrick’s sentencing hearing. The lower court indicated in its earlier ruling that Ohio law did not require him to state a reason for his sentence.

“The record in this case does not demonstrate that the trial court considered Patrick’s youth as a mitigating factor,” the Ohio Supreme Court ruling states.

Durkin’s remarks focused on a “senseless loss of life” and said his decision on Patrick’s sentence was based on the “evidence introduced at trial” and the jury’s verdict.

Patrick remains in prison.

erunyan@tribtoday.com

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