PUT-IN-BAY — The conviction and jail sentence of a former Put-In-Bay police officer for trying to illegally access the Ohio Law Enforcement Gateway database was overturned Friday by the Ohio 6th District Court of Appeals.
Steven Korossy, 41, who pleaded no contest in May, 2016 to five misdemeanor counts of attempted unauthorized use of property, was sentenced in August to 150 days in jail, with half suspended. He also had to surrender his Ohio Peace Officer Training certificate. He was indicted on 14 felony counts of unauthorized use of property for allegedly accessing the database between November, 2013, and January, 2015.
The court Friday overturned the conviction based on errors on the trial court level.
“Because the trial court erred in making a finding of guilt without eliciting an explanation of the circumstances, and because double jeopardy attached, prohibiting a new determination of guilt or innocence, we find Korossy’s first and fourth assignments of error well-taken,” the court decision shows. “We decline to address his remaining assignments of error.”
The state was ordered to pay the costs of the appeal. The jail sentence had been stayed when he appealed.
Mr. Korossy argued that the Ottawa County Common Pleas Court judge should not have found him guilty because no factual basis was given in court. While misdemeanors typically don't need a factual basis in Ohio to find a defendant guilty, they do for serious offenses.
The appeals court decision shows Mr. Korossy initially pleaded not guilty to all counts, but ultimately reached an agreement with the state to plea no contest to five counts that would be amended to attempted unauthorized use of the Ohio Law Enforcement Gateway — a first-degree misdemeanor — and dismissal of the remaining counts of the indictment.
“The state mistakenly told the court that Korossy would be entering a guilty plea, and the trial court began its examination of Korossy with this misinformation,” the decision shows. “Korossy corrected the court and clarified that he was entering a plea of no contest. Several times during the plea colloquy, however, the court misspoke, referring to the plea as a “guilty” plea, then correcting itself.”
During the appeal, Mr. Korossy and his attorney, James Popil, argued the judge's failure had cascading effects, with the appeal stating he shouldn't have been sentenced, shouldn't have received consecutive jail sentences, and that double jeopardy should apply, meaning his conviction would be thrown out and the state couldn't retry him.
Mr. Popil said Mr. Korossy's arguments were that his access of the database was routine among other officers, and that his errors from lack of training were mitigating factors.
First Published August 18, 2017, 8:29 p.m.
