Conneaut councilman sentenced to jail term

By MARK TODD - Staff Writer - mtodd@starbeacon.com
Star Beacon

May 09, 2008 12:00 am

— CONNEAUT — A Conneaut councilman will spend 10 days in jail after he was found guilty Thursday night of two drunken-driving charges.
Councilman-at-Large Jacob Chicatelli will also serve 36 days in house arrest and lose driving privileges for one year, said visiting Judge Ralph Perk Jr., who sentenced the veteran legislator moments after the verdicts were read.
“I had my day in court,” Chicatelli said outside the courtroom. “The jury found me guilty. I'll live with it.”
The jury of six women and two men deliberated nearly five hours on the case, returning a verdict shortly after 8:30 p.m. An alternate juror was excused at the start of deliberations.
Chicatelli showed no emotion as the verdicts were read. Later, he shook hands with prosecutor Amanda Condon and praised the jury for its time and attention.
The city law director's office requested an outside prosecutor to avoid any hint of conflict of interest. Condon, an assistant Ashtabula County prosecutor, was pleased with the verdict.
“I appreciate the amount of time the jury spent on the matter,” she said. “They came to the right outcome. I was just doing my job. I harbor no ill will toward Mr. Chicatelli.”
Defense attorney Joseph Morse said afterward he was disappointed with the outcome but lauded the jurors’ diligence to the case.
“Certainly we are respectful of the good citizens of Conneaut's decision,” he said. “Certainly we are not in agreement. But the jury acquitted themselves very well and gave deliberate thought and attention to one of their fellow citizens.”
Morse said it was premature to consider any appeal.
The two-day trial came nearly 11 months after Chicatelli, 52, was cited on June 23 after a 2:18 a.m. traffic stop on Broad Street near the Norfolk and Southern Railway bridge.
Chicatelli was charged with operating a motor vehicle under the influence of alcohol and/or drugs, plus operating a motor vehicle under the influence of alcohol and/or drugs and refusing a chemical test with a prior conviction.
Additionally, he was ticketed for failing to use a turn signal, the offense that would ultimately attract the attention of the arresting officer.
In handing down his sentence, Perk merged the two OMVI charges into one. He sentenced Chicatelli to 90 days in jail, but suspended all but the 10 days in jail and the 36 days of house arrest. If possible, Chicatelli will complete his jail term before Aug. 8, Perk said.
Chicatelli was also fined $1,000 and costs, with $400 of the sum conditionally suspended. He was fined $75 and costs on the turn signal offense.
The prior conviction referenced in the chemical test refusal charge stems from a December 2004 drunken-driving arrest in Conneaut. Chicatelli pleaded no contest to that charge and was subsequently found guilty.
On Wednesday, two Conneaut police officers testified Chicatelli failed three field sobriety tests administered at the traffic stop and also smelled of alcohol, had bloodshot eyes and slurred speech.
Chicatelli took the stand in his own defense Thursday and refuted nearly every allegation during his nearly two hours in the witness chair. The reason Chicatelli failed the field tests, he testified, was because of extreme leg pain resulting from two surgical procedures on his legs two months earlier.
Chicatelli also said he has a degenerative condition in his ankle, which sometimes causes his ankle to roll.
Chicatelli said he advised Gerics of his medical condition at the time of the tests, but participated anyway.
"(Gerics) wasn't listening," Chicatelli testified. "I told him I had an operation and can't do what you want me to do."
Any stumbling or swaying Chicatelli exhibited during the sobriety tests was a result of the leg pain, he said.
Chicatelli said his evening began with a six-hour visit to Raceway 7 in Monroe Township to support a co-worker who races at the track. He suffered extreme pain returning to his vehicle across the lengthy parking lot, he said.
He returned home from the track shortly after midnight, played with his son, studied some council-related documents and did some household chores before leaving to purchase a pack of cigarettes. During that time at home Chicatelli drank one 12-ounce bottle of beer, he said.
He was still up at that hour awaiting a check-up call from his daughter, who was out on a date, according to testimony.
On Wednesday, Patrolman Steve Gerics testified he saw Chicatelli circle a downtown block, making a series of left hand turns without using a turn signal, and was stopped for that reason. Chicatelli testified he was driving in such a fashion to check on parking lot activity at a nearby State Street tavern.
Chicatelli flatly denied making some of the statements attributed to him by Gerics, including the remark he was circling the block looking for beer in the road. Gerics also testified Chicatelli briefly referenced having needles on his person, then said he had no needles.
Chicatelli said the needles remark was done sarcastically, in part out of his displeasure with the manner of his arrest. Chicatelli said he felt “embarrassed” at the scene, as the sobriety tests and subsequent handcuffing was done in full view of passing traffic and gawkers.
After his arrest, Chicatelli was taken to UH Conneaut Medical Center for a blood alcohol test, which he refused. Asked by Condon why he refused a test that could prove his innocence, Chicatelli said he was fearful personal health information would become public.
“I didn't want my medical condition to become part of the case,” Chicatelli said.
Jurors had a chance to study photos Chicatelli took of incisions on his legs stemming from the medical procedure, plus a video depicting Chicatelli in the police station booking area. Both were defense exhibits. Morse said the video showed a calm and in-control Chicatelli dealing with police, in contrast to officers' testimony he was argumentative in the station.
Earlier, jurors heard testimony from Rhenda Seabright, a medical laboratory technician at CMC. Seabright was on duty when Chicatelli came to the hospital for the blood test, and said she witnessed no overt signs of intoxication while in her presence.
Terry Stovall, a cashier at the Clark convenience store at Harbor and State streets, gave similar testimony. Stovall said she sold Chicatelli a pack of cigarettes and saw no evidence he had been drinking. Chicatelli bought the cigarettes sometime in the first half of her 10 p.m. to 6 a.m. shift, she said.
Patrolman Denny Moore, who testified for the prosecution Wednesday, was the day’s first defense witness. He was summoned to explain apparent contradictions in testimony given during the trial and during a related hearing in December.

Copyright © 1999-2008 cnhi, inc.