YOUNGSTOWN, Ohio (WKBN) — Prosecutors in Mahoning County Common Pleas Court are opposing a request by a man serving a 50-year sentence on rape and attempted aggravated murder charges to be released early from prison.
A motion filed Monday by Assistant Prosecutor Kevin Trapp before Judge Anthony Donofrio said Daniel Staffrey Sr. should be denied early release because the court does not have the authority under Ohio law to reduce a mandatory sentence on a first-degree felony.
Staffrey was sentenced Nov. 26, 1996, by former Judge Maureen Cronin after pleading guilty to rape, attempted aggravated murder, aggravated burglary and kidnapping, all first-degree felonies, for a Sept. 29, 1995, attack on a woman he had a relationship with at her Austintown home.
Newspaper accounts at the time said Staffrey broke into the home, bound and gagged the woman and raped her, twisting a gag around her throat and almost choking her.
Under 1996 sentencing laws, Staffrey was sentenced to 10 to 25 years in prison for rape, five to 25 years in prison for attempted aggravated murder, 10 to 25 years in prison for kidnapping and 10 to 25 years in prison for aggravated burglary. The sentences for attempted aggravated murder and kidnapping run consecutive to each other, giving him a sentence of 15 to 50 years in prison.
Staffrey filed a request Dec. 17 for early release.
Under 1996 sentencing laws, Trapp wrote indefinite sentences are mandatory in and “the minimum number and the maximum number of 25 years composes one mandatory term.”
Trapp said if Staffrey wants early release the appropriate mechanism would be through the state parole board.