BOARDMAN, Ohio (WKBN) – Boardman restaurant owner Michael Alberini is going to have to spend some time in jail after his appearance in court on Monday.
Alberini stood in court with his attorney as prosecutors told Judge Dom Leone the restauranteur has not learned his lesson.
“The state believes that this court has to send a message to the defendant that this type of behavior will not be tolerated any further,” said Struthers Law Director John Zomoida.
Alberini had pleaded no contest to violating a protection order filed against him by his ex-wife which prohibited him from having any contact with her or her family.
At the center of all this was a court-ordered payment to the victim in the form of a check that he had delivered to the victim’s mother last October. The victim said on the check Alberini wrote “looking forward to your dad’s obituary and yours, too, naturally.”
Alberini had been on probation in connection with an incident almost 18 months ago in Boardman where police found him with a rifle in his lap and his wife and their baby hiding in a bedroom.
“As I stand before you today, Mr. Alberini has never apologized or shown any sense of remorse for the actions and choices he has made,” the victim said in court.
Alberini’s lawyers admitted he should have never written the note.
“I will acknowledge that is inappropriate,” said Attorney Jerry Imgram.
Although the defense asked for probation, the judge ordered Alberini to serve 30 days in jail with the option of spending another month under house arrest in lieu of more time behind bars. He’s due to begin his sentence in late June.