By Gary Ogle
gogle@wbcowqel.com

When Brian Brown was sentenced Monday morning in Crawford County Common Pleas Court for shooting his girlfriend, one attorney asked for the minimum sentence, another asked for the maximum and Judge Russell Wiseman did neither.

Brown was convicted in February by a jury of felonious assault with a gun specification for shooting Shelly Fry. Wiseman sentenced Brown to a three-year prison term on the gun specification and six years for felonious assault. According to Wiseman’s sentence, Brown must serve the three-year sentence on the gun charge prior to beginning the six-year term for felonious assault.

Brown was also fined $5,000 and will serve a mandatory three years on post release control upon his release from prison. The maximum prison sentence on the two charges is a combined 11 years.

Brown shot Fry, his live-in girlfriend of several years, on May 2, 2013 in the Galion home they shared. The jury acquitted Brown of an attempted murder charge.

“She (Shelly Fry) is grateful he is going to be locked up, we hope for nine years, so she can begin to get her life together,” said Angela Fry who spoke on behalf of her sister following the sentencing hearing.

Fry was shot twice and underwent several surgeries. She is still recovering at home after extensive stays in the hospital and nursing home. She is not expected to return to work.

Crawford County Prosecutor Matt Crall was visibly relieved after the sentencing.

“This is a very tough case, Crall said. “Nine years is a long time for a person to serve in prison. We hope this is a deterrent for others in this situation that they won’t take these steps and cause serious harm.”

Defense attorney Shane Leuthold addressed the court first Monday and asked for the minimum sentence, pointing out Brown’s 30-year career with the Galion Fire Department and a lack of a violent criminal record. Brown, age 58, has two DUI convictions and one for disorderly conduct.

Leuthold also pointed out that Brown’s defense at the trial was that he accidently shot Fry when she tried to stop him from committing suicide after an evening of drinking.

“For essentially my client’s entire life he led a law-abiding life,” Leuthold said, “He still loves Shelly Fry. He’s still in love with Shelly Fry. He’s incredibly sorry for what happened.”

Six people spoke to the court in support of Brown including his two daughters and former father-in-law.

Crall reminded the court that the jury simply didn’t believe Brown’s story at the trial.

“Shelly Fry is never going to be the same, never going to work again,” Crall said. “Brian Brown left her for dead. . . . . I believe Mr. Brown is sorry it happened, but I do not believe Mr. Brown showed remorse that night or since it happened.”

Fry, who was in the courtroom, had attorney Micaela Deming read a prepared statement during the victim impact portion of Monday’s hearing. In part the statement read that Brown had abused Fry over the years and had threatened her if she ever left him.

Fry has since filed a civil suit against Brown and sought and received a civil protection order against him. Fry suffered damage to her heart, spleen, kidney, arm and duodenum as a result of the shooting.

“I live in constant terror that Brian Brown will find me and finish what he started,” Fry’s statement said as read by Deming.

Brown has 30 days in which to file an appeal in the case.