FOR IMMEDIATE RELEASE

TO: ALL NEWS MEDIA

FROM: THOMAS L. SARTINI

ASHTABULA COUNTY PROSECUTOR

DATE: SEPTEMBER 16, 2004

SARTINI ARGUES GUN CASE BEFORE SUPREME COURT

Ashtabula County Prosecuting Attorney, Thomas L. Sartini, appeared before The Supreme Court of Ohio on Wednesday, September 15, 2005 to argue the case of The State of Ohio vs. Curt P. Kovacic.

Mr. Sartini urged the Supreme court to reverse the 11^th District Court of Appeals decision that overturned Kovacic's 2003 firearm specification conviction stemming from his purported use of a gun while robbing the Duke & Duchess Mini-Mart in Ashtabula.

Mr. Sartini asserted that the Court of Appeals was wrong when it determined that Kovacic's statement, " I have a gun" coupled with his actions of concealing his hand in his pocket in a way where it appeared to the store clerk he had a gun on his person was not enough to prove the operability element of the firearm specification.

Mr. Sartini argued that the appellate court's decision is against both public policy and the intent of the legislature when it enacted the firearm specification because it allows a criminal to escape the enhanced penalty of three (3) additional years incarceration merely by concealing the weapon while indicating he possesses it to scare the clerk.

In support of his primary obligation of protecting the citizens of Ashtabula County and the State of Ohio, Mr. Sartini urged the Court to look at the situation from the victim's point of view rather than letting the criminal control the situation.

Additionally, Mr. Sartini offered two (2) key cases from the 1^st and 6^th District Courts of Appeal where convictions of firearm specifications were upheld on nearly identical facts.

Attorney Jon T. Field argued on behalf of Mr. Kovacic.