BUCYRUS, OH (CRAWFORD COUNTY NOW)—Wednesday was sentencing day for a man a jury convicted last Thursday. Zachary Cole, 29, was found guilty of reckless homicide and tampering with evidence, both third-degree felonies punishable by up to 36 months in prison. Attached to the base charges were mandatory gun specification conditions: three years for the homicide conviction and one year for the tampering conviction.
Crawford County Common Pleas Court Judge Sean Leuthold heard victim impact statements, both in person and via letter, as well as sentencing arguments from the state and the defense.
Assistant Prosecutor Ryan Hoovler addressed the court first, stating the state seeks justice for the life of 28-year-old Guilianno Yamani.
“The state believes that this is the worst form of reckless homicide; that you had a firearm with a mixture of alcohol that resulted in a tragic loss of life,” Hoovler said.
Regarding the tampering with evidence charge, Hoovler told the court it was also the worst form of the crime because it was an attempt to hide the firearm used in the killing. “Based on what the jury found and based on the facts, the state is asking for the mandatory sentence of ten years in prison,” Hoovler said. He cited the impact of the loss on Yamani’s family and friends: “I believe the sentence we are asking for is as much as we can do in this court of law.”
Before hearing arguments from defense attorney James Mayer, Judge Leuthold submitted letters into the record and listened to in-person statements from two representatives of the victim.
Mayer told the court that Cole’s wife and family had been supportive throughout the process. He noted that Cole is 29, has been married five years, and is the father of a 3-year-old son. While Mayer showed compassion for the victim’s family, he told the court that as a result of this event, two children would now be without a father.
Mayer acknowledged that his client would have an opportunity to move on in life while the victim would not. He stated that until this incident, Cole had lived a law-abiding life and was gainfully employed in skilled labor. At the time of the crime, Cole worked in an advanced position that required travel. According to Mayer, Cole was able to “cobble” the bond money together and had no drug or alcohol issues while on bond.
Mayer disputed the state’s description of the tampering conviction, arguing it did not meet the “worst form” standard. He told the court his client did not set out to destroy evidence to keep it from authorities by design. He called the charge “technically” tampering with evidence, pointing out that while Cole tossed the gun in the woods, he called police, stayed to help at the scene, and eventually led officers to the weapon.
“These actions did not negatively impact the evidence, including the lifting of DNA. While it is tampering with evidence, it is not the worst case of tampering with evidence as the state has suggested,” Mayer said. He asked the court for a lighter sentence.
While Judge Leuthold commended both sides for their work, he was not moved by the defense’s pleas. Leuthold sentenced Cole to the maximum of 10 years in prison. He then appointed attorney William Cramer to represent Cole should he decide to appeal his conviction.