New Philadelphia, Ohio (Tusco TV) - A 36-year-old former Dover man convicted for his role in a robbery turned shooting is still facing prison time after a Tuscarawas County Common Pleas Court judge overruled his request for acquittal.
Ian Cultrona was found guilty earlier this month on one count of aggravated robbery and three counts of felonious assault with gun specifications for his involvement in the robbery that turned into a vehicle chase and shooting. Cultrona’s attorney later filed a motion asking Judge Edward O’Farrell to overturn all but the aggravated robbery conviction. Tuscarawas County Prosecutor Ryan Styer says that in the end, the judge overruled the motion and upheld the jury’s verdict.
"Subsequent to the jury verdict, his attorney filed a motion with the court for an acquittal despite the jury’s verdict, and we argued that motion a couple weeks ago before Judge O’Farrell," he says. "At the end of last week, he ruled and overruled the defense motion."
Styer says the judge also denied Cultrona’s request for acquittal on three attempted murder charges still pending due to a mistrial. (He says this means his office could still try Cultrona on those charges at a later date, although he doubts that is going to happen.)
"The jury was hung as to the attempted murder charges so it is on our office to decide whether to proceed with another trial on those," he says. "I think it is fair to say that we are satisfied with the jury’s verdict and we don’t intend to run a second jury trial on those charges."
Cultrona is scheduled to appear for sentencing on May 20th. He is facing up to 38 years in prison with a mandatory minimum of three years on the gun charges. Styer says had the judge upheld the defense’s motion, there would have been no mandatory minimum sentencing requirement.