YOUNGSTOWN, Ohio (WKBN) — A man from Youngstown’s West Side is going back to prison on a felonious assault charge after beating a man senseless in an Austintown bar last year.
Sam Daviduk, 25, was sentenced to seven to 10 and a half years in prison Friday by Judge John Durkin in Mahoning County Common Pleas Court for a July 11 fight at Shotz Bar that seriously injured a man.
Daviduk, a former Mixed Martial Arts fighter, was sentenced to a two-year prison term in 2016 by former Judge Shirley Christian for beating another man.
Assistant Prosecutor Mike Yacovone asked for the sentence Daviduk was given, saying the victim almost died from the injuries he received.
Daviduk jumped into a fight after coming out of a restroom because he said he saw his sister being attacked.
Reports say he used a chokehold to knock the victim out. Then, after he was unconscious, Daviduk threw the man onto the ground, stomped on his head six times, kicked him in the head and punched him.
Yacovone said he typically does not prosecute bar fights, but this went above a typical bar fight because the victim was incapacitated to the point he could no longer defend himself and Daviduk continued to assault him.
The victim’s father said his son was put into an induced coma and doctors were afraid he might die.
“I never thought he would be fighting for his life,” the father said while fighting back tears.
His son now has memory problems, the father said. They are unsure of long-term effects now, but he lost 50 pounds after he was attacked and had to train himself to walk again.
“Learning how to walk again was a big priority for him,” the father said.
Defense Attorney Tom Zena said his client had a hard time comprehending how he could be guilty of felonious assault because Daviduk claimed he was defending himself and his sister, but Zena agreed that once the victim was knocked out, Daviduk had a duty to stop fighting under the law.
His client had treatment for mental illness until he was 18. Then, the treatment stopped once his social security benefits ran out.
He said for someone with issues like Daviduk, the MMA training was “attractive, but you’ve got to learn to turn the spigot off.”
Yacovone said Daviduk did not have a great record as an MMA fighter, but he won his first three fights by knockout using chokeholds similar to the one he used in the bar fight. He said when Judge Christian sentenced him she was concerned he would use that training again to harm someone.
Daviduk spoke briefly, only saying that he jumped into the fight to save his sister “from the imminent threat of death or physical harm.”
Judge Durkin said he agreed that Daviduk’s troubled upbringing and MMA training was a dangerous combination, but he added he was concerned after Daviduk was released from prison before he did not seek any treatment on his own.
The sentence Yacovone sought was warranted because of the injuries inflicted on the victim, Judge Durkin said.