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Judge sticks with sentence after viewing wrong case notes

Original sentencing made after looking at wrong notes.

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By Lucas Sullivan, Staff Writer Updated 12:13 PM Friday, November 20, 2009

DAYTON — Turell Justice held a gun to Brian Pinson’s back and forced the father of two to ring his own doorbell, according to court records.

When Pinson’s 16-year-old daughter opened the door to their Trotwood home in March, Justice and two other men burst in, demanding money and drugs.

Justice forced Pinson’s daughter and 10-year-old son to lie face down on the ground, then went upstairs and pulled their mother out of the shower.

He then beat the naked woman in the face with his gun and took her downstairs, according to court records. Justice then kicked and hit Pinson, threatened to gang rape his daughter and behead his son.

Justice was unaware the naked woman had called 911 when she heard the men come in the house.

He ran when Trotwood officers arrived, but was later caught. Justice never cooperated with the police investigation and would not tell detectives who the other assailants were, authorities said.

Police said Pinson and Justice knew each other and court records show Pinson has numerous convictions for drug-related crimes.

Montgomery County Judge Gregory F. Singer on Nov. 6 sentenced Justice to seven years for the crime — three of which were mandatory because he used a gun.

Prosecutors recommended since Justice was on probation, never cooperated with police and committed a “heinous” crime, he should get the maximum — 84 years in prison.

Singer admitted in open court he made his original sentence after reviewing the wrong case notes. But at a re-sentencing hearing three days later, he stuck to his original sentence.

Singer said Tuesday, Nov. 17, he had no further comment about his sentence other than his statements made in open court.

Justice’s attorney, Bobby J. Cox, said he thought the sentence was fair, given the circumstances.

“(Justice is) a relatively young fella and I know he had a prior conviction, but based on his age and it was a routine burglary or robbery of a dope dealer,” Cox said.

Sentence circumvents police message

Singer’s sentence thwarts a formal promise made by local law enforcement to identified members of group violence they will face swift and severe punishment if are arrested for a gun-related crime.

Justice was one of those members identified by police.

The threat is part of Dayton Police Chief Richard Biehl’s Community Initiative to Reduce Gun Violence, that includes the FBI, U.S. Attorney’s Office, and local law enforcement.

Biehl referred all questions about Singer’s sentence to Trotwood police. Trotwood Chief Quincy Pope would not comment on Singer’s decision, but said “I am going to continue to advocate for stronger penalties for criminals.”

A spokesman for Prosecutor Mathias Heck said his office is looking at appealing Singer’s decision.

It is unclear what appeals, if any, Heck’s office can file.

The U.S. Attorney’s Office could charge Justice in federal court because he used a gun in the crime, the agency’s spokesman Fred Alverson said.

Federal charges were initially filed in Justice’s case, but charges were eventually presented in county court, Alverson said.

He declined to say if Carter Stewart, U.S. Attorney for the Southern District of Ohio, was considering federal charges.

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