Ankle bracelet requirement removed for man facing retrial
YOUNGSTOWN — Damian Cessna, 27, the man who was shot by a Boardman police officer in a 2021 confrontation with the officer and later went on trial on felonious assault, is no longer required to wear an electronically monitored house-arrest bracelet.
A jury found Cessna guilty of felony obstructing official business and misdemeanor aggravated menacing in the 2021 incident, but the jury could not reach a decision on felonious assault, so prosecutors plan to try him again on the felonious assault charge April 4.
In November, at the request of Cessna’s attorney, Mahoning County Common Pleas Judge Maureen Sweeney reinstated Cessna’s bond, and Cessna was able to leave the Mahoning County jail to await his retrial at home. She did, however, add the requirement that he be outfitted with an EMHA bracelet.
During a hearing Wednesday, defense attorney Mark Lavelle said Cessna has to pay about $300 per month to be monitored by the device. Lavelle noted that the jury was split 8 to 4 in favor of acquittal in Cessna’s trial, but he was convicted of the two other charges. Prosecutors said Cessna had served 291 days in the county jail awaiting his retrial as of November.
Lavelle stated in an earlier filing that Cessna’s sentence for obstructing official business can be no more than 12 months in prison.
Lavelle said Wednesday that Cessna “has never stepped out of line since the indictment has been issued.” He said Cessna shows up for every hearing. Lavelle said there is “no point” in him having to wear the ankle bracelet.
The judge interjected that the point is, “I know where he is.”
Lavelle countered that “The guy rarely leaves his house” and “has never been in trouble before or after” the 2021 incident.
The judge then ruled that she was eliminating the EMHA house arrest, but added, “If one incident happens, you will go back to jail.”
Cessna’s charges were filed after an incident in which he was riding a bicycle at 1 a.m. July 13, 2021, on South Avenue near Mathews Road in Boardman. He was in the wrong lane of travel with no lights on the bicycle while holding a baseball bat, according to Boardman police and court testimony in Cessna’s trial.
Officer Evan Beil said he made a traffic stop on Cessna because Beil was concerned for Cessna’s safety. Cessna put down the baseball bat when Beil asked him to, but Cessna refused when Beil asked Cessna to take a knife from a sheath on Cessna’s belt and toss it away.
Cessna raised the knife to about head level with his elbow bent and charged toward Beil, the officer said. Beil fired 11 shots at Cessna, hitting him multiple times, according to trial testimony.
Following an investigation by the Ohio Bureau of Criminal Investigation, then-Mahoning County Prosecutor Paul Gains cleared Beil of any wrongdoing in the shooting.
In opening statements in the trial, Lavelle said Cessna calmed himself from the stress of his life by going on walks and bike rides late at night, “so as not to run into people,” Lavelle said. It helped him sleep, Cessna said.