City man found guilty of rape
Sentencing set for Dec. 15
WARREN — A man convicted Tuesday in Trumbull County Common Pleas Court of two counts of rape is scheduled to be sentenced Dec. 15.
Andrew Malachin, 48, of Cleveland Street in Youngstown, was convicted of two first-degree felony rape charges. The jury of eight women and four men deliberated for about an hour following the two-day trial that began Monday before Judge Ronald J. Rice.
Trumbull County Assistant Prosecutor Gabriel Wildman said the two counts will merge for sentencing, and Malachin will face a maximum sentence of 11 to 16 1/2 years in prison.
Malachin was charged with rape after a 36-year-old woman he knew for many years reported the Feb. 6 assault that took place in a Liberty home where the victim was staying as a guest.
Wildman said Malachin admitted elements of the crime when he took the stand in his defense Tuesday morning. He admitted the woman was impaired and unconscious when he had sex with her. The man’s DNA was found on the woman, and the defense didn’t dispute that, but tried to argue the woman might not remember giving Malachin consent.
Wildman argued the woman, who may have been drugged, was impaired and couldn’t have offered consent, and Malachin knew that because she was throwing up and defecating after Malachin made her a drink.
Wildman said during his closing arguments Malachin is an “opportunistic predator” who should be held accountable.
Defense attorney Mark Lavelle said Liberty police never sent the woman’s blood or urine for testing, so it could not be determined if the woman was drugged.
Lavelle said calling the woman’s hosts to determine her address to take her home was a sign he didn’t bring the woman to the residence for nefarious reasons.
Wildman argued the man didn’t have to have a well thought-out “master plan” to see an opportunity and take advantage of a woman unable and unwilling to consent to sexual activity.
The woman was injured during the assault.