Former cop, track coach, asks again for early release from prison

Committed sex offenses against three Ursuline High School girls

YOUNGSTOWN -- The Ohio Attorney General's Office continues to oppose early release from prison for Arthur Carter, 50, a former Youngstown police officer sentenced to four years in prison for committing sex offenses against three Ursuline High School girls.

Judge Anthony D'Apolito of Mahoning County Common Pleas Court has denied the request twice so far -- in June 2022 and last September.

Carter asked the most recent time on Dec. 12 through his attorney, Lynn Maro. Carter was sentenced to four years in prison and has served three years and three months of the sentence.

Carter pleaded guilty in July 2020 to three counts of felonious assault after he was indicted in 2018 on 23 sex charges involving the three students for incidents from 2001 to 2009. He began his prison sentence Sept. 4, 2020.

Carter was employed by the Youngstown Police Department for almost 10 years and was placed on administrative leave after the initial allegations were made. His employment with the police department was terminated after he entered his guilty pleas.

D'Apolito, who is presiding over the case, called Carter in 2020 a "father's worst nightmare" and said Carter's actions showed "sometimes you have to worry the most about the people you trust the most."

A Dec. 12 filing by Atty. Erik Spitzer, special prosecutor with the Attorney General's Office, states that "While it is accurate that (Carter) has no criminal history, the larger concern is the defendant's lack of genuine remorse for the crimes he committed."

It states: "At no point in his motion does the defendant reference any accountability or apology to any of his three victims. In fact, by his own admission, the defendant acknowledges that the crux of his filing is regarding his unfortunate circumstances faced by his son and wife, not about any remorse to the three victims.

"Such a lack of genuine remorse evidences the factors against recidivism do not outweigh factors indicating a greater likelihood of recidivism."

Spitzer said that Carter's crimes were aggravated by his multiple positions of trust in the community as a police officer and an assistant track coach.

"A law enforcement officer and coach taking advantage of three separate underage women who are expected to trust his position of authority is a scenario that hits nearly every factor that makes this more serious conduct," Spitzer stated.

Judicial release involves an early release granted by the sentencing judge.

Maro's filing asking for judicial release Nov. 28 states that Carter's wife and son are "in desperate need of his presence and assistance," adding that "family hardship is a factor the court is permitted to consider when deciding a motion for early release."

Maro reiterated issues she raised in earlier filings: Carter's wife "has caused increasing physical limitations and medical care. As the sole financial and emotional provider for the family, it is becoming more and more difficult to work and stay above water." She was diagnosed 12 years ago with a mixed connective tissue disorder, Maro said.

When Arthur Carter took the plea agreement in the case, "it was with the understanding the 3-year recommended prison sentence was acceptable to the court. He did not appeal or want to vacate when the Court did not impose a 3-year sentence," Maro stated.

Judge D'Apolito scheduled a judicial release hearing for 2:30 p.m. Feb. 9.

erunyan@vindy.com