Former Marion judge delays prison with appeal to Ohio Supreme Court
Former Marion County judge Jason Warner will remain free on bail as he pursues an appeal of his felony conviction to the Ohio Supreme Court, according to online court documents.
Per the Ohio Supreme Court, Jason filed a notice of appeal on Thursday, just one day before he was supposed to turn himself in to the Marion County Sheriff's Office, which resulted in his motion to stay on bond to be granted. Additionally, Julia, Jason's wife, also filed a notice of appeal on Wednesday and was granted motion to stay on bond on Thursday.
Now, according to the Ohio Supreme Court's ruling, both of the Warners will continue their temporary time on bond, which is pending on the ruling of their appeals. The Third District Court of Appeals previously granted release when the Warners were appealing their felony convictions in the appeals court.
The Third District Court of Appeals reached a conclusion in the Warner's appeals this week where both of their felony convictions were upheld. Now, Jason and Julia will take this case before the Ohio Supreme Court with defense attorney Sam Shamansky representing the former judge.
For Jason's continued bond release, Shamansky detailed many of the reasons why he believed his client should be granted the motion. He cited Jason's “extensive ties to the community and lacks any previous involvement with the criminal justice system.” He added Jason is a lifetime resident of Marion, a former school board member, a youth coach, a parent and many more titles.
Shamansky also noted the investigation conducted by Delaware County Adult Court Services where they determined Jason to be a five on the Ohio Risk Assessment System which is considered “low.” Shamansky said it was notable that a probation officer “recommended a period of community control with house arrest in light of” Jason's
past.
Lastly, Shamansky argued that if Jason wasn't given a bond release, it would require him to serve a portion of his prison sentence during his appeals process which could possibly deprive him of his rights if the case were to be overturned.
Jason, Shamansky make case for latest appeal
Throughout the months of appeals, which now include the Third District Court of Appeals and the Ohio Supreme Court, Shamansky has stated there were a multitude of factors that led to Jason being incorrectly convicted of felony crimes.
In the latest court document, Shamansky continued to argue these talking points and said there were “three obvious errors” made by the court. They are as followed:
h The Third District's upholding on Jason's convictions need to find that Jason actually aided or abetted Julia in committing the offenses. Shamansky argued that Jason returning to the
crashed Jeep does not constitute aiding or abetting.
h There needs to be a principal offender in order for someone to be charged with aiding or abetting. Shamansky argued that because Julia was found guilty for the same complicity charges, the trial court must have found that she aided or abetted Jason in the alleged offenses which would make him the principal offender.
h The driver of the Jeep post-collision is important and needed to be proven in the original trial. Shamansky argued that principal and complicity charges are not interchangeable and that the trial court needed to prove beyond a reasonable doubt that Jason drove the Jeep home.
Jason, and Julia, are currently appealing their two felony convictions after being involved in a hit-skip crash in June 2020 that left a 19-year-old Marion man severely injured. The two were convicted of complicity to leaving the scene of an accident, a third-degree felony; and complicity to tampering with evidence, a fourth-degree felony.