A former aged resident worker’s 65-year prison sentence was cut from dozens of residents in several senior living communities and nursing homes after a state high court overturned an appeals court’s ruling on her ruling. Raised in the air for stealing over 3,000 items. .
Susan Gwynn was found guilty in 2016 to 46 counts of burglary, theft and receipt of stolen property for stealing items from 46 residents of 13 senior living communities in two Ohio counties in the Columbus, Ohio area. admitted. A Delaware County Republican court initially handed down multiple sentences, each ranging from He to 1 year to He to 3 years, giving him a combined sentence of 65 years in prison.
Gwynn wore medical scrubs and an identification badge and carried a notebook and a large purse while entering and leaving the community room. She appealed her sentence to the Fifth District Court of Appeals, arguing that her lengthy sentence violated the Eighth Amendment’s prohibition against cruel and unusual punishment.
The appeals court ruled that while her conduct was serious, the sentence was “excessive and shocking” for a nonviolent first-time offender. In 2019, the 5th District Court of Appeals amended Gwynn’s felony conviction and instead imposed her 15-year prison sentence. However, the Ohio Supreme Court found that the Court of Appeals used the wrong criteria in commuting the sentence and remanded the case to the Court of Appeals for consideration of Gwynne’s successive judgment challenge. .
As a result, the 2021 Court of Appeals concluded that it did not have the power to stay the original 65-year judgment and vacate some, but not all, of Gwynne’s serial judgments.
In its December 23 ruling, the Ohio Supreme Court again reversed the Court of Appeals decision. In a 4-3 decision, the High Court ruled that the court of first instance must consider the defendant’s total prison term when imposing sentences stacked for successive executions. The state high court also remanded the case to the Fifth District Court of Appeals, erring in its decision that the Court of Appeals did not have the power to revoke Gwynn’s 65-year prison term.
Ohio, with the support of the Cuyahoga County Attorney’s Office, filed a petition for a new trial in the Ohio Supreme Court on Tuesday. In that move, the state claimed:[a]The appellate panel cannot be transformed into a second degree sentencing tribunal and the weight given to one element cannot be reconsidered to make another decision as to whether to pass consecutive sentences. . ”
Gwynn was originally indicted on 101 counts in 2016. This is the result of an investigation into missing items reported by residents of the Inn on the Olentangy Trail. Other communities that reported thefts were Abington in Arlington, Abington in Powell, Brookdale Trillium Crossing, and another unspecified Brookdale senior living community, Danbury in Columbus, Danbury in Parkside Village, The Forum in Knightsbridge, Dublin. Friendship Village in Columbus, Friendship Village in Columbus, and the National Church. Residential community, Dublin sunrise, Westerville village.