YOUNGSTOWN, Ohio (WKBN) — A man who had to be resentenced on a murder charge because the state supreme court ruled the trial court did not consider his youth when he was convicted of a 2012 shooting death received a sentence of 23 years to life in prison Friday.
Judge John Durkin in Mahoning County Common Pleas Court gave the sentence to Kyle Patrick, 27, who was sentenced for the third time for his role in the April 27, 2012 shooting death of Michael Abinghanem, 27, at a Sullivan Street home on the West Side.
Patrick originally pleaded guilty in 2014 and tried to take back his guilty plea, only to have that motion overruled and he was sentenced to 16 years to life.
An appeals court upheld his motion to take back his guilty plea and he went on trial in 2017 before Judge Durkin on an aggravated murder charge. He was convicted by a jury and sentenced to 33 years to life in prison.
Patrick appealed his sentenced and the Ohio Supreme Court ruled in 2020 that Patrick be resentenced because the trial court did not take Patrick’s age of 17 into account at the time of the sentencing and that he should be given a chance at receiving parole.
Judge Durkin said during the resentencing that any chance of parole is entirely up to Patrick because if he acts up in prison, he will most likely not be approved for parole by the parole board.
A second defendant, Reginald Whitfield, 31, pleaded guilty to involuntary manslaughter in 2014 and was sentenced to 13 years in prison. He filed for judicial release in 2020 but that motion was overruled by Judge Durkin.