Juvenile rape case nets 5-year sentence for Struthers man

Victim’s family asked for probation

YOUNGSTOWN -- Judge Anthony D'Apolito said he does not remember a case like the one Tuesday in which the family of a rape victim asked him to give the defendant probation instead of prison time.

Michael G. Coudriet, 21, of Struthers, who pleaded guilty during a hearing in Mahoning County Common Pleas Court to one count of rape involving a child, could have gotten more than 10 years in prison. The judge sentenced Coudriet to five years.

Steve Maszczak, county assistant prosecutor, told the judge prosecutors recommended the judge give Coudriet a prison term of his choosing.

Coudriet's indictment states he committed rapes from 2017 through 2021 against a juvenile.

Maszczak told the judge the plea agreement -- allowing Coudriet to plead guilty to one rape charge instead of three and to dismissal of four counts of gross sexual imposition -- was influenced by the wishes of the victim and victim's family. Their wishes also affected the prosecutor's sentence recommendation, Maszczak said.

"The state is still asking for the required mandatory prison sentence, which is a severe sanction for this young man, 21 years old. At the time of these offenses he was between the ages of 17 and 19, and didn't have any prior history," Maszczak said.

He added he thought the prison recommendation was "appropriate given the conduct and based on the totality of the circumstances and taking some consideration of what the victim and the victim's family is requesting."

The judge then asked if the victim and the child's family were going to speak, and Maszczak checked with them, and neither wanted to speak.

The judge said he asked about that because normally, in cases of this type, the victim and the victim's family "want retribution, want justice, want restoration as punishment. And I get the feeling that's not what they want."

"It's not, your honor," Maszczak said.

FAMILY'S WISHES

The judge asked defense attorney James Wise about their wishes. Wise approached the mother and spoke to her, and she went to the podium to answer a few questions.

D'Apolito told her that her wishes are not "binding" on him, but he always wants to know how the family feels to confirm what prosecutors have said.

He asked if the woman was "close" to the victim, and the woman said she is "close with all of my children."

When he asked her if she was "speaking for" the victim, she said he was speaking on behalf of Coudriet, "who shouldn't be here in this situation. Everybody deserves to have a second chance at life."

The judge said he understood the woman was "more torn than most."

D'Apolito said he is "cognizant of the victim's wishes, but I am bound to follow the law."

The woman said she wanted Coudriet to be "out in the world to work and live his life, not in prison."

When the judge asked her if she had seen an effect of the crimes on her daughter, the woman said: "Yes, I almost lost her."

AFRAID OF PRISON

Wise told the judge Coudriet came forward to admit to what he had done. Coudriet spoke also, saying he knows what he did was wrong, but "I should be home working."

He said he will "fear for my life" in prison, "won't survive prison," and "I'm not afraid to hurt myself in there."

Coudriet is now a Tier 3 sex offender, requiring him to register his address with the sheriff's office where he lives after he leaves prison every 90 days for life. He gets credit for 167 days of jail time credit against his sentence.