Staff file photo / Ed Runyan John Wardle, right, becomes emotional during a hearing in May of 2021, when Judge Anthony Donofrio sentenced him to four years in prison for a drunken crash that killed a friend. At left is his attorney, Mark Hanni.

YOUNGSTOWN — John A. Wardle, 34, of Poland, who was sentenced to four years in prison in May of 2021 for being drunk while causing a crash that killed passenger Mohammad Musleh, 28, is asking to be released from prison early.

Wardle has served almost 20 months in prison so far on his aggravated vehicular homicide, vandalism and operating a motor vehicle impaired convictions. He is scheduled for release Nov. 9, 2024.

The crash occurred at 2:15 a.m. July 8, 2019, on state Route 164 in Beaver Township.

During Wardle’s sentencing, Mahoning County assistant prosecutor Kevin Trapp said Wardle’s blood alcohol level was .201 — nearly three times the legal limit of .08, and he was driving 75 to 78 mph in a 45 mph zone.

“After passing a semi…, the defendant lost control of his vehicle, rolled over into a ditch, and Mr. Musleh was killed right away,” Trapp said. Wardle and Musleh were best friends, Trapp said.

Wardle had two earlier drunken driving offenses — in 2012 and 2016 — and a 2015 offense that started out as drunken driving but was reduced to failure to maintain physical control, Trapp and Judge Anthony Donofrio stated during the sentencing hearing. Wardle also had cocaine metabolite in his system during the fatal crash, Trapp said. Musleh was the youngest of four boys.

In addition to prison, Donofrio suspended Wardle’s driver’s license for six years, and he was ordered to forfeit all vehicles he owns. During the sentencing hearing, Donofrio said it was a mistake for Wardle to work as a bartender with a drinking problem.

Wardle’s attorney, Mark Hanni, stated in a filing to Donofrio of Mahoning County Common Pleas Court this week that Wardle “now clearly realizes how wrong he was to commit these crimes.”

He added, “If anybody has had the proverbial ‘wake up call,’ it is John Wardle,” the filing states. “The year and a half in prison has ‘taught him a lesson’ about how to conduct himself in a civilized society. He now realizes the errors of his ways and prays that this honorable court grant him the opportunity to make a clean start of his life.”

Wardle has completed several programs in prison, and many certificates of completion were included with the filing.

While Wardle’s criminal case was pending, he underwent a detoxification program, intensive in-home treatment, inpatient counseling and mental health rehabilitation, the filing states.

Hanni asked that Wardle be released from prison. If necessary, he could be placed on electronically monitored house arrest, Hanni added.

Trapp, who handled Wardle’s case, however, stated in his filing that the prosecutor’s office opposes Judge Donofrio granting judicial release, noting that Wardle’s sentence resulted from a “substantially negotiated” jointly-recommended plea agreement.

Wardle was indicted on charges of second-degree aggravated vehicular homicide, felony vandalism and two counts of operating a motor vehicle impaired. The aggravated vehicular homicide charge could have resulted in prison for eight to 12 years, Trapp said. But Wardle was allowed to plead guilty to a third-degree version of the charge.

The victim’s family “only reluctantly agreed” to the four-year prison sentence “in part to help avoid further pain that a full trial would cause for themselves as well as the defendant’s parents,” Trapp stated.

He said the plea agreement came “with an understanding that those four years were going to be served in full, with no likelihood of any release.”

Trapp said anything less than the full four years “would be an injustice to the victim’s family.” He said he disagrees with Hanni’s assessment that Wardle is “unlikely” to reoffend.

“Wardle was convicted of OVI and killing someone while doing so. Defendant has proven over the years that he is a habitual drunken driver. He is already a recidivist in every sense of the word when it comes to drunken driving.”

erunyan@vindy.com