4/18/14 Judge throws out prosecutor's request for jail time in shooting case

  • By Nick Sabo
  • March 18, 2014
  • 404
                        
SUMMARY: Municipal court judge cites letters in support as reason to suspend 180 day jail sentence “Numerous” letters of support were enough for a Holmes County judge to throw out a prosecutor’s recommendation for jail time and restitution. Michael J. Park, 60, 5120 Township Road 228, Glenmont, was sentenced Tuesday March 18 to $500 in fines and probation on two counts of assault by Municipal Court Judge Jane Irving. Irving suspended a 180 day jail sentence recommended by Assistant Prosecuting Attorney Christine Williams. Irving said she decided to suspend the sentence and did not order a $3,090 restitution recommended in a presentence investigation because of “numerous letters in support” of Park received by the court. The charges stem from Dec. 8, when Park fired a 12-gauge shotgun at a Jeep traveling on Township Road 228. The shotgun pellets passed through the Jeep’s vinyl cover and struck the driver, 29-year-old Justin Snell, Killbuck, and his passenger, a 28-year-old Millersburg man. Park believed Snell had driven on his property, according to Andy Hyde, Park’s attorney. Going outside the house, Park saw the Jeep travel down Township Road 228 and turn and come back. Park fired as the Jeep drove by. The shooting occurred sometime before 1:18 a.m., when law enforcement were led on a chase to the Pomerene Hospital ER by Snell. Park did not report the shooting. Snell and his passenger were intoxicated at the time. Snell has previously pleaded to DUI charges in Irving’s court and was sentenced to serve three days in jail. The shotgun blast further caused $3,090 in damages to the Jeep, Holmes County Victim’s Advocate Andy Zedella said. Medical bills estimated at $40,000 have been forwarded to the Ohio Victim’s of Violent Crime fund, Zedella said. Hyde said Park has since realized he acted inappropriately Dec. 8. However, at the time, Hyde said, Park believed he was responding to a threat and fired as “a warning shot”. The shooting occurred at night, Hyde said, and Park was awakened by the sound of the Jeep “five feet from his bedroom”. “He woke up in terror and grabbed his shotgun,” Hyde said. “When he saw them coming back, he was scared...(Park) believed what he did was necessary to protect his family and his property.” Hyde further asked that Irving order no restitution because the hospital bills “would probably bankrupt” Park. Irving said the medical bills and damage to the Jeep should be pursued through a civil action in Common Pleas Court. Park was further ordered by Irving to forfeit the shotgun used in the shooting and forfeit his concealed carry permit.


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