Drew Tyler was a nemesis of the group Mansfielder’s Perspective, especially when this man was wrongfully imprisoned for outing a sexgate with Deputy’s and others who were protecting prostitutes in the area. Funny how months later our fair Sheriff broke up a prostitution ring, yet none of his boys were caught in it? These are questions that need answered and it’s high time the executive branch of Richland County does something about this kind of illegal activity before they have Armageddon on their hands where citizens start taking crime matters in their own hands.
MANSFIELD — A 44-year-old man whose criminal conviction was vacated is considering a false imprisonment lawsuit, his attorney said.
In June 2012, Byron Yambrisak was sentenced to three years in prison for retaliation. Richland County Common Pleas Judge James DeWeese gave him three years probation on a second charge of intimidation.
Yambrisak was convicted after a two-day jury trial. He served about 10 months in prison before his release in 2013 from Richland Correctional Institution.
In July 2011, Yambrisak drove past sheriff’s Detective Pat Smith in the parking lot at OhioHealth MedCentral Mansfield and allegedly threatened her. Smith had arrested Yambrisak two years before in a municipal court case that was later dismissed.
Smith sought a civil stalking protection order against Yambrisak, but was denied. She had no contact with Yambrisak between the previous case and the hospital incident.
Yambrisak took his case to the Fifth District Court of Appeals, challenging his conviction on the sufficiency and weight of the evidence.
Both retaliation and intimidation require the state to prove beyond a reasonable doubt an “unlawful threat of harm.”
According to the court of appeals, the evidence had to prove the threat of unlawful harm was directed at Smith because of her prior involvement with Yambrisak in 2009.
“We find under the facts of this case that this ‘nexus’ between Yambrisak and Detective Smith is lacking,” judges wrote. “Detective Smith testified that her involvement with Yambrisak in 2009 was uneventul. No threats, accusations or problems ensued between her investigation of the allegations and serving the arrest warrant in October 2009 and her chance meeting with him on July 15, 2011.
“We find based upon all the surrounding circumstances, Yambrisak’s words were too unequivocal, unconditional, not immediate and not specific enough to convey to Detective Smith that he was retaliating for her involvement with him two years earlier.”
The court of appeals sent the case back to the trial court for acquittal on both counts.
Yambrisak said he has had trouble putting his life back together. He stays mostly in Lorain County now and has no job. He previously worked in real estate and said he might go back to school to be a paralegal.
“These are still the types of things that remain on your record until you get them expunged,” defense attorney Paul Cushion II said.
Yambrisak declined to reveal what he said to Smith but maintains it was not a threat. Cushion said Yambrisak was criticizing Smith’s ability to do her job.
“It was an ambivalent, at best, statement,” Cushion said. “Words, no matter how vituperative, do not demonstrate a criminal act. If there’s a lesson to be learned from this, it’s to confront only when the proper forum exists.”
Cushion said his client’s case has First Amendment ramifications.
Sheriff Steve Sheldon noted a jury found Yambrisak guilty.
“From one court to another, you’ll have a difference of opinion. It’s just the way the system works, whether you agree with it or not,” he said. “He was found guilty by a jury of his peers.” – Yes Sheriff Sheldon, a jury of peers used to mean something, in Richland County Courts it MEANS…NOTHING!
Especially now that the executive branch has made a decision to baffle the public once again with their grant to add security to the Courthouse in which is was said on WMFD by Greg Heindle that it sounded better to say it would be ran by retired deputy’s than to TELL THE TRUTH and say it will be run by no less than FIRED APA SUPERVISOR John Mayer who’s brother is the Elected by default Prosecutor. Elected by default because NOBODY will run against him, hmmm?
Yambrisak said he worried about his mother while he was in prison.
“It (being incarcerated) wasn’t as bad as I thought,” he said. “The worst part was Christmas and Thanksgiving, not being with my family.”
Cushion said the experience has changed Yambrisak.
“He’s more reserved now. He’s more cautious in what he says,” the defense attorney said. “I liked him better before.” – I did too!, maybe, just maybe with a LAWSUIT will get him back? – Phil Sydnor, the one who breaks the news on the TRUTH here!
“From one court to another, you’ll have a difference of opinion. It’s just the way the system works, whether you agree with it or not,” he (Steve Sheldon) saidThe Ohio Supreme Court agreed with the 5th District Court of Appeals, so did the 9th District Court of Appeals. I wonder what court Steve Sheldon is going to find that disagrees with the decision besides Judge DeWeese’s! Judge DeWeese is the most over turned Judge in the State of Ohio by the way. – Steve Sheldon is a TURD and needs REMOVED from office for dereliction of duty – Phil Sydnor, no disrespect sir, but you’re an ass!
Fred Levins · Top CommenterThank you for the link to 2014-ohio-873.pdf, Byron Yambrisak.That the 9th District Court of Appeals would reference your successful appeal in which the convictions of June 2012 were overturned in the 5th District Court of Appeals, as described in 2013-ohio-1406.pdf, demonstrates the legal significance of your successful appeal.
Attorney Cushion is correct, as I see it, to point out that your case has First Amendment ramifications. This is one important reason why the burden of your false imprisonment, Mr. Yambrisak, has not been for naught, since we all benefit when the exercise of freedoms protected by the First Amendment is successfully defended.
Another reason why the burden has not been for naught is that it draws attention to the work of Judge DeWeese. There are expenses to the taxpayers when convictions are overturned upon appeal and then, to add even additional expense, taken to the Supreme Court in a failed attempt to have the convictions reinstated. Good judges can promote courtroom proceedings that lead to verdicts that are upheld upon appeal.
This episode reminds me that Judge DeWeese unwisely attempted to display the Ten Commandments in his courtroom. Time, money, and effort were expended before a curtain was placed over the placard including the Commandments. Again, it is a situation with First Amendment ramifications. This is another instance in which a higher court had to assert its authority in a matter involving Judge DeWeese’s work.
A second case that was first decided in Judge DeWeese’s courtroom comes to my mind as I write this. Perhaps we will read more about it in the MNJ in the months ahead.
In closing, I am very glad that Reporter Mark Caudill is keeping the public informed on this significant matter with its far-reaching implications. I now have a good reason to renew my lapsed digital-only subscription to the MNJ as a Michigan resident whose hometown is Mansfield.
Thanks for the repost, he’s a flaming turd. He didn’t refute his actions because that really happened. He got off on legal wrangling alone. So please read the transcript.
My career choice has nothing to do with your word choice or obvious continuous stalking behavior. By your own admission you’re a racist which puts you closer to redneck than I’ll ever be. That is what I applauded the other poster for listing. Your own appeal that denied none of your reprehensible behaviors yet sought technicalities. – You know ALL about those, don’t you Charles????
Charles Sackman It wasn’t denied because I never took the stand to deny it! That was not what was said, the words were twisted by Pat Smith to make them into a threat! And by the way Jim Wetzel was talking about this case in the post below. Unlike what he claimed the case had nothing to do with “stalking a prostitute”Its a beautiful day out why don’t you go out and enjoy it and stop talking about this subject which you know nothing about.
Fred Phelps was legally allowed to saw whatever he liked too, it didn’t make him very popular. Say whatever you like, It’s America. When people dislike that speech then be prepared for them to think poorly of your character. If you deal with the public, do what you can to get that off your record and move on. Whatever mistakes you make in your past I’d hate to see it continually ruin your future. At some point you’ll want to move on. I’ve read through as much as I care to and legally your just guilty of being a butthead. I don’t think they assign time to that. You’ve gotten out, be glad and avoid the things that got you there. Quit sticking your fingers in the gears, eventually the machine sucks you in and doesn’t leave much recognizable on the other side. – A friend of Drew Tylers?, better be careful not to get your fingers overload your mouth with such ideas you cannot back up (smile).
He declined to say what he said to the detective, but it wasn’t a threat? Hmmmm well you can read it for yourself here http://
www.supremecourt.ohio.gov/ rod/docs/pdf/5/2013/ 2013-ohio-1406.pdf
Look its Jim Wetzel a friend of Steve Sheldon who Libeled me!JIM WETZEL WROTE “Look, its Byron the prostitute stalker lol. And ooooh am I supposed to be intimidated because you called me by my last name…at least I have the balls to post on here under my real name. And guess what, as always your wrong, I have never been known as “gambi” or anyone else before Facebook” “Don’t get upset Byron because you are facing criminal charges for stalking a prostitute and that says a lot about your “manliness” when a woman who gets paid for her services won’t give you hers lol.” “because your opinions are as they always are and will be…worthless…just like you are. Let us know how your criminal case comes out. By the way, as I did before…you are dismissed.” – Drew Tyler????, or is it gramgi – get it right! I remember those days when you could hide behind a phony account, BUSTED each and everyone of you – lol! NOW WHO’s EATING CROW?File that lawsuit Byron, I have PLENTY for them to investigate!Starting with this FAKE ACCOUNT – Drew Tyler’s facebook!