Sentencing for Cleveland officer found guilty of illegally detaining man at Medina bar

[00:00:00]zero. Mr. Copchek is present in court with his council, Attorney Spellellacy.

[00:00:05]We're here today to impose sentence pursuant to a jury verdict which was adopted by the court of guilty of two counts of abduction, each felonies of the third degree, one count of ethnic intimidation, a felony of the fifth degree, and one count of assault, a misdemeanor of the first degree.

[00:00:22]President on behalf of the state of Ohio is >> Mr. Salsbury, Judge.

[00:00:27]>> Both judge.

[00:00:28]>> All right. Attorney McName and Attorney Salsbury.

[00:00:31]Mr. Salsbury, are you speaking on behalf of the state?

[00:00:34]>> Yes, your honor.

[00:00:34]>> Okay. Do you have any recommendations?

[00:00:36]>> Yes, your honor. Uh you heard the trial.

[00:00:38]Uh so there's no need to belabor the facts. Um this as I said in the uh Mr. Lejax sentencing. This is a a crime that um kind of divided the community. Uh very um impactful. Uh we believe uh we believe the jury got it right. Um and and quite frankly as the court shall recall didn't didn't take a very long time to deliberate even um the impact on the victim was great. Um and although that impact was so great um he still to this day is saying um he doesn't want anything bad see anything bad happen to these two guys. um which is uh kind of amazing to me uh considering what he was put through that day both physically and mentally now as you heard his testimony.

[00:01:33]Um the defendant in in my mind has still not taken responsibility although he does say he does never deny doing anything. Um I don't believe that's true. Uh you'll recall his testimony. I don't believe he did admit to all the physical aspects that he did to the victim. Uh but you know, he I'm not saying he he sat there and denied doing anything. He didn't. Um and again, he thought he was justified in doing so.

[00:02:06]That belief was clearly wrong. Um and it was clearly uh found by citizens of Madina County uh not to be tolerated.

[00:02:17]Uh, judge, this was um a clear case of ethn ethnic intimidation.

[00:02:25]Uh, we believe a prison sentence is appropriate. Uh, and we would leave that length of which in the court's discretion.

[00:02:33]>> Thank you, Mr. Spelis.

[00:02:36]>> Thank you, Judge. Um, also with me is Lewis Group, your honor, and his hands is also sitting back there. Judge, um, obviously I filed a sentencing memorandum with you on, uh, uh, June 9th, I believe. I'm confident the court got it, read it. There's some great letters attached. I think they describe, uh, Don very very accurately and very well. Um, you know, this is a tragic situation obviously for everybody. Um, and I I would disagree with Mr. Sbury that my client has he testified to what he did. um we we and you know we can go over the the spilled milk so to speak but there wasn't a justification um instruction there wasn't an expert report that was submitted but that's for a different day judge um so but I think that could have changed the outcome substantially um judge I could just say that this that in the brief um you you know he's a father he he's a good father um he was a coach he was a good coach he was a police officer he was a good police officer and I think a lot of these people behind me would support uh those contentions, judge. Um, he's been in he's been in jail 82 days. They have not been an easy 82. Um, I think the precepts report indicates he's his likelihood of recidivism is at a score of one. Um, so I don't think that we need to protect the public from him and I think the odds of him this happening again are extremely unlikely. Judge, I think all those things speak to a community control sanction and that's what we're asking to do here. Thank you.

[00:04:03]>> Thank you, Mr. Cobbch. What would you like to say on your own behalf?

[00:04:15]>> Again, I just want to go off exactly what my lawyer just said that I never denied anything. I took the stand and I was as honest. Um, and that's what I was told to be. I was told to be honest by my lawyers and my union and that's what I did. I sat there and I was honest. And never in my life did I ever think that I would be here sitting in front of a judge like this. And that's not the type of person I am. And those letters and everything that are put in front show that what I've done in my life and what I've continue would continue to do when I'm out um and on behalf of my lawyers and everything they you know I was advised to keep this as to to basically that Well, Mr. Cupchek, I have read the sentencing memoranda. I have read all the letters in support. The thing that the letters in support don't um discuss is the effect of your behavior on the victim in this matter. And so, my focus is not on whether you're a good person.

[00:05:20]I'm sure you're a fine person, but on your behavior and the impact that that had on the victim. And so after consideration of all the relevant factors set forth in the statute continue and also the information contained in the pre-sentence investigation report, it is the sentence of this court that on count one, a felony of the third degree, you will have 18 months in prison. On count two, also a felony of the third degree, you will have 18 months in prison. On count three, a felony of the fifth degree, you will have 10 months in prison. And on the misdemeanor of the first degree, you will have 120 days in jail. Your time will run concurrently and not consecutively.

[00:06:00]Upon your release from prison on counts one and two, you will have a mandatory period of post-release control of between 1 to 3 years at the discretion of the adult parole authority. When this period of postrelease control is imposed if you violate the terms of that supervision, the adult parole authority is authorized to return you to prison for up to 9 months for any single violation up to a maximum of 50% of your prison term for all violations. If while on postrelease control you are convicted of a new felony offense, in addition to being punished for the new offense, the judge could add an additional consecutive prison term of one year or whatever time remains on your postrelease control term, whichever is greater. As you will be incarcerated, all fines and costs will be waved. Also, on count three, the uh felony of the fifth degree, you may be subject to a period of two years of possible discretionary post-release control.

[00:06:57]I also need to notify you of your appellet rights. You have the right to appeal the conviction or sentence in this case. You do that by filing a notice of appeal with the clerk of courts for the court of common please within 30 days of this sentence. If you're unable to pay the cost of an appeal, you have the right to appeal without payment of those costs. If you're unable to obtain counsel for an appeal, council will be appointed without cost. If you're unable to pay the cost of documents necessary to an appeal, the documents will be provided without cost. Do you have you have a right to a notice of appeal timely filed on your behalf? Do you wish to appeal?

[00:07:36]>> Yes.

[00:07:37]>> Okay. Can you afford counsel to represent you?

[00:07:40]>> Yes.

[00:07:41]>> Then you do not need the count the court to appoint counsel for you. Correct?

[00:07:45]>> No, ma'am.

[00:07:46]>> All right. At this time then, you are to remain in the custody of the Madina County Sheriff's Department for transportation into the custody of the Ohio Department of Rehabilitations and Corrections. Anything else, Mr. Stell?

[00:07:57]>> Thank you, Judge. Just for the record, um, count one and two would merge.

[00:08:01]>> I mean, I know it's a concurrent sentence, but I believe they would >> um I I I don't want to concede that point, judge. I don't think they do merge. I think they're separate animous.

[00:08:11]I think he he removed uh the victim and also restrained him at two separate times. So I I don't want to concede that they merge.

[00:08:19]>> Okay. So Mr. Spency, I have not been briefed on that issue. So at this point in time, I do not believe that they merge, but that perhaps is an issue for appeal.

[00:08:30]>> Okay. And Judge, uh, can Mr. Groove address you as to a peline?

[00:08:34]>> Certainly.

[00:08:35]>> Thank you.

[00:08:36]>> Morning, your honor. Lewis Grub, uh, always great to come down to Mina County. Uh, I'm going to make an oral motion for a stay of a sentence on behalf of Mr. Copch. There are a couple matters with respect to that. For a state motion, there are basically two considerations. The first is the same kind of bond considerations the court would normally consider when releasing somebody pending at trial. I'm going to defer to the court on those. There's already been a personal recgnissance bond. If this is granted, that would be appropriate. I have no reason to believe that there's anything that's changed simply because Mr. Copch has been convicted. He's the same person before you. Same family, same considerations.

[00:09:11]He's not a flight risk. as to whether or not a state should be granted. The general standard applied by the court of appeals across the state of Ohio is whether there's a reasonable argument for appeal. The court referenced numerous times in the transcript, which I've now read uh in the last couple days that there could be an appeal, likely would be an appeal. Uh there were a couple issues. I'm happy to address the specific issues pending appeal. uh if the court would like to get into that, but I think that given all that has happened, it's probably safe to say the court understands the issues from the trial and we would just say that there are reasonable grounds for appeal. Um coming out of today, if the court could issue a ruling on this in writing in the sentencing entry, that could avoid a written motion, but I'm also happy to brief it in writing for the court. It's up to the court. Please let me know uh what the court would prefer from me going forward from here. But that's the motion and thank you for your time this morning for that.

[00:10:02]>> Thank you. Uh your oral motion is denied. Uh your client has filed motions with this court in which he has indicated that he would prefer to be in prison rather than remain in the Madina County Jail. And so I am going to uh grant him his wish and let him go to prison at this time.

[00:10:21]>> May I be heard on that, your honor?

[00:10:22]>> No.

[00:10:22]>> Okay. Thank you.

[00:10:23]>> Thank you. Anything else on behalf of the defendant?

[00:10:27]>> No thanks. Anything else on behalf of the state of Ohio?

[00:10:30]>> Okay, thank you. We are in reset.

[00:10:41]>> Yep.

[00:10:52]>> Sorry.

[00:10:57]Hey, nice to meet you.