Self-defense man sentenced to 3 years in prison | News, Sports, Jobs

LISBON — A Warren man who represented himself in a weapons and drunken driving case was sentenced to three years in prison Wednesday, but will not go to jail for now.

Columbiana County Magistrate Court Judge Scott Washam stayed the sentence pending the outcome of an appeal that defendant Joshua Huey, 36, said he would file.

“I have a wife and children who depend entirely on me” Huey asked the court to take this into account when giving his statement to Washam. “I ask that the sentence be postponed until the appeal is decided.”

Last week, a jury of eight men and four women convicted Huey of third-degree felony possession of a firearm while incapacitated, fifth-degree felony counts of improperly handling a firearm in a motor vehicle and possession of fentanyl-like compounds, two fourth-degree felony counts of receiving stolen property, and misdemeanor counts of operating a vehicle under the influence of alcohol, a drug or a combination of both and refusing a driver’s license with a driving record of less than 20 years. For the receiving stolen property counts, the jury also found that the stolen property in each count was a firearm.

All charges stem from an Oct. 8, 2023, traffic stop in Leetonia, when an Ohio State Highway Patrol trooper found Huey intoxicated and also found two stolen guns in the vehicle and fentanyl in his wallet. He had responded to a concerned citizen’s call about a vehicle on the highway driving recklessly southbound on State Route 11 and learned the vehicle had exited onto State Route 344 and headed west toward the village. The possession of weapons by reason of disability charge stemmed from the fact that he was prohibited from possessing a weapon due to a prior felony conviction. The improper handling of firearms charge stemmed from the fact that he had a loaded weapon while driving while intoxicated.

Before imposing the sentence, Washam said he took into account Huey’s military service and everything he said, but he also had to consider factors of recidivism and the fact that this case involved guns, drugs and alcohol.

He said he had to consider Huey’s conduct to be serious and that he had loaded weapons that were readily available to him despite the fact that a prior felony conviction prohibited him from owning a weapon. When asked if he had weapons, Washam said Huey had not been truthful to the Ohio State Highway Patrol trooper.

Assistant County Attorney Alec Beech noted that the two OVI counts were merged for sentencing. He said the recidivism factors were high because of Huey’s criminal record, which included multiple felony counts, including burglary, safe-breaking and theft.

Beech asked for consecutive sentences on four of the counts and for three counts to run concurrently but consecutively with the other counts.

The maximum possible sentence for each count included 36 months for possession of weapons under disability, 18 months for each count of receiving stolen property, 12 months each for mishandling firearms and possession of fentanyl-related compounds and 180 days each for the two OVI-related counts.

Washam sentenced him to 24 months in prison for possession of weapons while incapacitated, 12 months each for the receiving stolen property charges, six months each for the mishandling of a firearm and drug charges, and then a 120-day local sentence for the felony count of unlawful possession of weapons. He said the felony counts of possession of weapons, drug charges and felony count of unlawful possession of weapons would be served concurrently or concurrently. The receiving stolen property charges were sentenced concurrently but consecutively to the other charges.

This brings the total prison sentence to 36 months, or three years.

He also suspended Huey’s driver’s license for three years and imposed a mandatory $1,000 fine.

He informed Huey of his right to appeal the case within 30 days of the date the sentencing notice was filed. Any appeal must be filed with the Seventh District Court of Appeal through the trial court.

Joe King served as backup attorney for the defense and was present at the trial and sentencing, but he sat in the gallery. He was there just in case, but Huey served as his own attorney.

Throughout the two-day trial, Huey repeatedly stated that he was not participating in the proceedings. He called no witnesses in his defense, and before trial he filed notices of motions to dismiss the criminal complaint, which were later denied by Washam. In the latter case, he cited lack of jurisdiction and lack of due process as reasons why the complaint should be dismissed.

After the sentencing, Beech said: “The State Police conducted a thorough investigation into this case. It was clear that the jury viewed this case the same way we did.”

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