YOUNGSTOWN, Ohio (WKBN) — A Mahoning County Common Pleas Court judge Tuesday continued for one week the sentencing of a man in a gun case because he was unsure of his parole status.
Judge R. Scott Krichbaum said he did not want to proceed with the sentencing of Jayshawn Sutton, 22, of Hillman Street, who pleaded guilty in August to a charge of being a felon in possession of a firearm.
Defense attorneys in the case were recommending a year in prison for Sutton, who also has warrants from two other jurisdictions.
At issue is the parole Sutton is on after he served a two-year prison term out of Summit County Common Pleas Court on a felonious assault charge.
When a person is placed on parole, they are told they must obey all laws. Judge Krichbaum asked Assistant Prosecutor Michael Rich if the Adult Parole Authority had indicated to him if they planned to charge Sutton with a parole violation, and Rich said he had not heard from them.
Judge Krichbaum said he is required by law to tell defendants about how the APA can impose terms and conditions on people and what can happen if they violate their parole.
He said he was frustrated that it appears the APA did not make an attempt to impose those conditions before he was sentenced by him.
Judge Krichbaum ordered Rich to contact the APA to find out what they plan to do in Sutton’s case.
Online court records from the Summit County Clerk of Courts show the last activity in the case was in January of 2019.
Sutton was arrested about 5:10 a.m. April 26 when police were called to the 200 block of Griselda Avenue after a gunshot sensor detected a round was fired. As officers were on their way, they were told several more shots were fired, reports said.
Police found a man and a woman walking from Griselda Avenue to another street, with the woman leaving the man. Police stopped the man, later identified as Sutton, who immediately turned his body away from an officer like he was shielding something from him, reports said.
Reports said an officer asked Sutton if he had a gun and he said no, but he threw his arms up in the air, and when he did, the officer could hear a clang, reports said. Reports said Sutton was asked again, and he admitted he had a gun.
After Sutton was handcuffed, police found a loaded .22-caliber pistol in his pockets as well as a box of .22-caliber ammunition, reports said.