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Harry Mitts

Harry Mitts

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Published by jmgamso
Parole Board Report
Parole Board Report

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Published by: jmgamso on Aug 28, 2013
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09/24/2013

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DATE TYPED: August 23, 2013DATE PUBLISHED: August 27, 2013
 
IN RE: HARRY MITTS JR., A305-433
STATE OF OHIOADULT PAROLE AUTHORITYCOLUMBUS, OHIO
Date of Meeting: August 19, 2013Minutes of the
SPECIAL MEETING
of theAdult Parole Authority held at 770 West Broad Street,Columbus, Ohio 43222 on the above date.
 
Harry Mitts Jr., A305-433Death Penalty Clemency Report
2
IN RE: Harry Mitts Jr., A305-433
 
SUBJECT: Death Sentence ClemencyCRIME, CONVICTION: Aggravated Murder with Firearm, Killing an OfficerEngaged in his Duties, and Three Mass MurderSpecifications, Aggravated Murder with Firearm andThree Mass Murder Specifications, AttemptedMurder (two counts) with Firearm and Peace OfficerSpecificationsDATE, PLACE OF CRIME: August 14, 1994 in Garfield Heights, OhioCOUNTY: CuyahogaCASE NUMBER: CR 313539
 
VICTIMS: John A. Bryant (deceased), Sgt. Dennis Glivar(deceased), Lt. Tom Kaiser, and Officer JohnMackeyINDICTMENT: Count 1: Aggravated Murder with Firearm,Killing an Officer Engaged in his Duties, and ThreeMass Murder SpecificationsCount 2: Aggravated Murder with Firearm andThree Mass Murder SpecificationsCount 3: Attempted Murder with Firearm and PeaceOfficer SpecificationsCount 4: Attempted Murder with Firearm and PeaceOfficer SpecificationsTRIAL: Trial by JuryVERDICT: Found Guilty as charged of Counts 1-4 to include allspecificationsDATE OF SENTENCE: November 21, 1994SENTENCE: Counts 1 and 2: DEATH; 3 years actualincarceration (firearm specifications)Counts 3 & 4: 10 – 25 yearsADMITTED TO INSTITUTION: December 6, 1994JAIL TIME CREDIT: 15 days
 
Harry Mitts Jr., A305-433Death Penalty Clemency Report
3TIME SERVED: 18 years, 8 months (does not include jail time credit)AGE AT ADMISSION: 42 years oldCURRENT AGE: 61 years oldDATE OF BIRTH: June 18, 1952JUDGE: The Honorable William AureliusPROSECUTING ATTORNEY: Stephanie Tubbs JonesDavid Zimmerman
FOREWORD:
 Clemency proceedings in the case of Harry Mitts Jr., A305-433, were initiated by theOhio Parole Board pursuant to Sections 2967.03 and 2967.07 of the Ohio Revised Codeand Parole Board Policy #105-PBD-01.On August 6, 2013, Mitts was interviewed via videoconference by the Parole Board at theChillicothe Correctional Institution. A clemency hearing was then held on August 19,2013 with eleven (11) members of the Parole Board participating. Arguments in supportof and in opposition to clemency were presented at that hearing.The Parole Board considered all of the written submissions, arguments, informationdisseminated by presenters at the hearing, as well as the judicial decisions, and deliberatedupon the propriety of clemency in this case. With eleven (11) members participating, theBoard voted eleven (11) to zero (0) to provide an unfavorable recommendation forclemency to the Honorable John R. Kasich, Governor of the State of Ohio.
DETAILS OF THE INSTANT OFFENSE:
 The following account of Mitts’s offense was obtained from the Ohio Supreme Courtopinion, decided March 11, 1998:On the evening of August 14, 1994, Timothy Rhone helped his sister andbrother-in-law, Jeff Walters, move into their apartment. The apartmentwas on the second floor in the same building where Mitts lived. Between7:00 and 8:00 p.m., Rhone noticed a man, who he later learned was Mitts,carrying a gun tucked into the small of his back. Fifteen to thirty minuteslater, Mitts, who was wearing blue target-shooting earmuffs, confrontedRhone in the hallway. According to Rhone, Mitts pointed a “black andhuge” laser-sighted gun at Rhone’s head and “told [him] to get out or [he]was going to fucking die.” When Rhone replied that he did not understand,Mitts said, “I’m not joking, get out now.” Rhone backed away and askedhis mother and sister to call 9-1-1 because “a man with a gun [was]threatening to shoot people.”

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