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LISBON -- A former Salem man was given a second chance in Common Pleas Court Monday after appearing before Judge Megan Bickerton with proof he may finally be turning his life around.
Joshua Killing, 26, Salem-Unity Road, Salem, was facing a prosecutor's recommendation of nine months in prison for having weapons while under disability, a third-degree felony.
Assistant County Prosecutor Steve Yacovone said Killing's burglary conviction in 2017 meant he was not allowed to have any weapons, but on Oct. 27, 2020, he was found to have a .22-caliber rifle and several bullets for that gun in the vehicle he was driving when he was stopped by police. Yacovone pointed to Killing's criminal history, which includes not only the burglary conviction, but misuse of credit cards and drug-related charges.
Additionally, Yacovone said Killing has not done well on community control in the past, violating it and picking up new charges.
But defense attorney Paul Conn talked about how that was in Killing's past and noted after this new charge was filed, Killing was found in violation of his community control and sentenced to nine months already based on this new charge. Since his release in July, Conn said he has not relapsed or committed any crimes, he has started working two jobs and he has an opportunity to attend a truck driving school if he was placed on community control instead of prison.
Killing apologized for his actions and told Bickerton he does not ever want to go back to prison and has worked hard to get away from the people and things he did when he was committing crimes. Instead he now works two jobs and has moved to Girard. He said he now has a family and step children who love him and had two people from that family in court supporting him on Monday.
According to Killing, the gun in the truck was not his. He was driving a truck belonging to his girlfriend at the time and he willingly gave police consent to search the truck because he did not even know it was in there. Bickerton warned him with his criminal record he cannot have guns or ammunition.
Bickerton pointed to the fact Killing came to court dressed appropriately and brought supportive letters, including from his employers, people Bickerton pointed out "believe in him."
"There are people who come in here and tell me they can't get a job," Bickerton said. "You've gotten two and your life is going in a better direction. The only way it stops going in that direction is you. Don't make me regret this."
Killing has a possible three years of prison hanging over his head if he fails to abide by the terms of the three years of community control Bickerton placed him on.
djohnson@mojonews.com