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Law change leads to reduced sentence

May 16, 2013
Weirton Daily Times

STEUBENVILLE - Jefferson County Common Pleas Judge David Henderson on Wednesday reduced the sentence of Kinlaw Hendrix, 27, of Steubenville because the judge determined he wasn't able to issue consecutive sentences.

Hendrix was found guilty of menacing by stalking and tampering with evidence following a jury trial on May 9. Henderson on Tuesday sentenced Hendrix to 12 months on the menacing by stalking and 18 months on the tampering with evidence. The judge said the sentences would be consecutive for a total of 30 months.

Henderson said a change in the sentencing law about two years required him to make certain findings before imposing consecutive sentences. Henderson said he couldn't make those findings in Hendrix's case and made the sentences concurrent, for a total of 18 months.

Hendrix was in a fight with two men on June 8, 2011, in the parking lot of Maryland Market in the 1400 block of Maryland Avenue. Hendrix left but came back in an SUV, armed with a gun.

Hendrix fired several shots as the vehicle sped from the scene. County Assistant Prosecutor Frank Bruzzese said shots also were fired from the back area of the vehicle. He said more shots were fired as the vehicle turned onto Ohio Street.

Bruzzese said the SUV was parked near a home in the 1200 block of Pennsylvania Avenue, and City Police surrounded the home and found the four SUV occupants inside. Bruzzese said officers found firearms used in the shooting in duct work in the basement of the house.

Bruzzese argued again that Hendrix put people in danger at both crime scenes. Defense attorney R. Aaron Miller said there was only one victim - the man Hendrix menaced with a gun - and that victim didn't even appear at trial.

Co-defendant Jonathan T. Bray, 22, of Chicago pleaded guilty in November to complicity to felonious assault and tampering with evidence in connection with the incident. He was sentenced by Henderson to 30 months in prison.

The jury in Hendrix's case found him innocent of felonious assault.

Two other people have been charged but they haven't been served with their indictments.

Other sentencings by Henderson on Wednesday included:

Tyler Eisnaugle, 38, of 55 Nancy St. was sentenced two two years in prison after pleading guilty to burglary. Additional charges of receiving stolen property and theft were dismissed by the county prosecutor's office after Eisnaugle pleaded guilty to the burglary charge.

John M. Lewis, 28, and Danielle M. Antill, 25, both of 5914 county Road 17, Rayland, pleaded guilty in connection with an investigation by the county's drug task force.

Lewis pleaded guilty two counts of possession of OxyContin, and Antill pleaded guilty to one count of OxyContin.

The drug task force had been investigating Lewis for driving to Detroit to purchase pain pills. A car with Lewis and Antill was stopped on May 29 by the Ohio State Highway Patrol on state Route 7, near Brilliant, and more than 250 OxyContin pills were found.

Lewis was sentenced to 18 months in prison, and Antill was placed on probation for three years. Antill faces up to nine months in prison if she violates probation.

Lewis admitted he had made about 20 trips to Detroit to buy the pills, some of which he used and the others he sold.

John T. Nation, 33, of 1190 county Road 26, Steubenville, was sentenced to 12 months after admitting to a probation violation and pleading guilty to breaking and entering, theft, possession of criminal tools and obstructing official business.

Nation was on probation when he was caught breaking into a vacant house in the 2100 block of Sunset Boulevard to steal copper piping.

Kelly L. Downen, 27, of the same address as Nation, pleaded guilty to complicity to the breaking and entering and was allowed to enter drug court.

Aaron K. Belon, 26, of Steubenville was sentenced to 11 months in prison on a probation violation.

He was sentenced in September 2011 to six months in the Eastern Ohio Correction Center and placed on one year of probation. He then faced a probation revocation for failing to maintain employment. Henderson placed him back on probation.

Another probation revocation was filed when he failed to meet with his probation office and was arrested on charges of misuse of a credit card and receiving stolen property.

 
 

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