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Rape of friend nets 10-15 years

By Guy Vogrin 3 min read

WARREN -- Judge Ronald J. Rice of Trumbull County Common Pleas Court had some harsh words Wednesday while sentencing a defendant who was found guilty by a jury in late November for raping a 36-year-old woman who had been a lifelong family friend.

Andrew Malachin, 48, of Cleveland Street in Youngstown, was given an indefinite prison sentence of 10-to-15 years and labeled a Tier 3 sexual offender, which means he has to register four times per year for the rest of his life.

The defendant took the witness stand in his own defense during a two-day trial before Rice. The jurors took about an hour to find him guilty of two rape counts.

Rice chastised the defendant for remembering every detail about the night -- except the rape of the woman.

"The jury obviously didn't believe your story and you had the audacity to mercilessly rape and sodomize a family friend, but my only explanation for treating someone this way is that simply you are a rapist," Rice told Malachin, who stood handcuffed and was wearing orange coveralls.

Trumbull County assistant Prosecutor Gabriel Wildman praised Rice's sentence.

"The judge sent a strong message that this action was not tolerable. I think Judge Rice handed down an appropriate sentence," Wildman said.

Malachin's attorney Mark Lavelle, said his client for years had suffered from mental illness. With a bulging disc problem, Lavelle said the defendant also had taken pain medication.

"His behavior can be explained with the concoction of medication he was taking combined with the alcohol he was drinking that night," Lavelle said in asking the judge for a lower sentence.

According to testimony at the trial, the Feb. 6, 2021, assault took place in a Liberty home where the victim was staying as a guest. Testimony showed the victim became violently ill after being given a drink mixed by the defendant.

Wildman said Malachin admitted elements of the crime when he took the witness stand. He admitted the woman was impaired and unconscious when he had sex with her. The man's DNA was found on the woman.

Before sentencing, the victim told the judge the action of that night "had forever changed her life." She said she feels empty and violated.

"Every day is a battle and I hate it," the victim said. "I try to live normally but I can't because you (Malachin) took something from me … I trusted you, and you are a monster. This is the most horrible thing to experience."

Once released from prison, Malachin also faces a mandatory five-year post-release control by the adult parole authority.

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