MARION—Crawford County Now broke the news early this morning that late yesterday the Ohio Supreme Court granted former Marion Municipal Court Judge Jason Warner a stay stopping the Ohio Third District of Appeals order that both he and his wife report to begin serving their 24-month prison sentence for complicity. The Warner’s were found guilty of complicity by leaving the scene of an accident and complicity to tampering with evidence.

They opted out of a jury trial, and their fate was decided by retired Judge Patricia Cosgrove.

The couple were involved in a hit-skip accident on June 4, 2020, on Somerlot-Hoffman Road in Marion. A 19-year-old Marion man was left at the scene with serious injuries after being hit by a Jeep belonging to Julia Warner.

The Warners were ordered to prison after the conviction, but attorneys for both the couples immediately appealed Judge Cosgrove’s ruling.
They were granted their freedom while the initial appeal was pending. Their appeal was denied by the Third District Court, and they were ordered to report for prison by 8 am today.

In a decision released late yesterday by the Ohio Supreme Court, their freedom is extended pending the Court’s review of the appeal.

Columbus attorney Samuel Shamansky filed a lengthy motion outlining several issues to be raised on appeal.

Shamansky’s main argument for Jason Warner’s continued freedom is that he was wrongfully convicted and would spend a substantial amount of time in prison before the case was remedied.

Shamansky contends that the state elicited testimony that supported a finding that Warner’s wife was the driver of the car post-collision and relied on that evidence at trial in closing arguments but have since questioned the identity of the driver. Shamansky says Jason Warner was simply “present” for the incident. He noted that the Third District admitted in their findings that they considered Warner’s conduct after concluding that he aided and abetted his wife in complicity. He contends that the identity of the post-collision driver ( his wife) not only matters but is an essential fact that supports his innocence. In essence, Warner is not the principal offender because his wife was the driver.
Columbus attorney Andrea Boyd filed the appeal on behalf of Julia Warner. Her stay was also granted.

According to Boyd, Julia cannot be convicted of aiding and abetting in a crime her husband could not have legally committed.

Crawford County Now will continue to follow this case to its conclusion.