YOUNGSTOWN, Ohio (WKBN) — The attorney for a man who was shot 15 times and is being sentenced on a federal firearms charge is asking for a sentence below the guidelines so his client can be treated for the effects of his wounds.
Deandre Smith, 28, is expected to be sentenced Wednesday by U.S. Judge Sara Lioi in the U.S. Northern District Court of Ohio after he pleaded guilty earlier this year to a charge of being a felon in possession of a firearm.
According to a sentencing memorandum filed in his case, the guidelines call for a sentence of between 51 and 63 months.
The indictment in the case said Smith is accused of having a 9mm handgun July 9, 2020, despite a 2017 conviction in Mahoning County Common Pleas Court for a 2015 aggravated robbery case. He was sentenced to four years in prison for that case, court records show.
The day Smith is accused of having the gun is the same day he was hurt in a shooting that also hurt another person in the 100 block of N. Hazelwood Avenue on Youngstown’s west side.
No one has ever been arrested for the shooting.
In that shooting, Smith was wounded 15 times, wounds that damaged his kidneys that require dialysis treatments. He still has an open wound on his leg, his sentencing memorandum said. Smith needs to have surgery for that wound, but he is fearful of getting surgery while he is in federal custody, especially because he contracted COVID-19 earlier this year in detention, wrote attorney James R. Rantfl.
Rantfl also wrote that his client has taken responsibility for his actions and is remorseful. He also has strong family support that will help him stay out of trouble, Rantfl wrote.
Earlier this year, Smith asked to be released from detention so he could be treated for his injuries. Federal prosecutors objected, saying he could be treated in the federal prison system. Judge Lioi agreed with prosecutors and kept him in detention.