YOUNGSTOWN, Ohio (WKBN) — The old saying goes where there’s smoke there’s fire, but a judge in Mahoning County Common Pleas Court Wednesday said the opposite is true for Wiley Lundy, Jr.
Judge Anthony D’Apolito told Lundy, 38, who was to be sentenced on weapons and obstruction charges, that although he was abiding by a recommendation from both attorneys in the case, he is a bit leery even though the two-year sentence will be the first time Wiley has been sentenced to prison.
He has past arrests for being a felon in possession of a firearm and aggravated robbery. He also has a warrant from Barberton and a warrant from Florida for a charge the judge says was “very serious.” He declined to give specifics on that charge.
“I can’t believe you haven’t been to prison,” Judge D’Apolito said. “You have a lot of smoke without any fire.”
Lundy pleaded guilty in June to charges of being a felon in possession of a firearm, improper handling of a firearm in a motor vehicle, carrying a concealed weapon and obstruction of justice.
The charges stem from a May 2019 traffic stop by Youngstown State University Police. Wiley was a passenger in the car that was pulled over where a gun was found.
Lundy, who was free on bond, asked the judge to allow him to report to prison at a later date when the COVID-19 pandemic is under control in the state prison system. Wiley said he was afraid he would get sick in prison.
Judge D’Apolito said he understood that Wiley would be worried, but he denied his request. Wiley does have over 200 days of credit served in the county jail while awaiting disposition of his case.
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