BG attorney Schuman sentenced to 45 days in jail

0

A Bowling Green attorney found guilty of tampering with evidence, perjury and theft was sentenced Monday
to 45 days in jail.
Andrew Schuman was sentenced to 45 days in the Wood County Justice Center and three years of community
control sanctions. He was also ordered to pay a $5,000 fine and court costs.
Visiting judge Peter Handwork spent an hour during the Wood County Common Pleas Court proceeding hearing
from the prosecution, a victim, Schuman and his attorney Richard Kerger.
Schuman had been found guilty after a trial before Handwork of five counts of tampering with evidence;
one count of perjury and one count of theft.
After the sentence was handed down, Schuman, who is 47, said that he will likely appeal.
Kerger argued for his client to not serve any jail time.
“From the standpoint of protecting the public by putting him in prison, he has been punished already and
he serves a lot of people. I think what happens to them will be better served by a sentence other than a
prison,” he said.
Thomas Matuszak, a Wood County assistant prosecutor, listed three recent cases in Wood County where the
defendants received 30 months, 92 months and 20 years in prison for similar offenses. He also noted two
other cases where attorneys were sent to prison.
Handwork said he did not have enough knowledge of the other cases to know the history and said he only
could base his decision based on Schuman and his knowledge of this case.
At various times the judge addressed Schuman directly.
“You took an oath to properly represent your clients. All that I see paints a different person along with
what you tried to represent in this case. You really went off the deep end and that’s what troubles me
the most,” Handwork said. “You weren’t paid and you became angry and you tried to vindicate yourself.
You lost your way.”
The judge also called Schuman’s driving record “abysmal.”
“As an officer of the court you you need to hold yourself to a higher standard,” Handwork said.
He referred to reports from the pre-sentence investigation from the adult probation department,
criticizing Schuman’s continued rationalization of his actions, rather than accepting responsibility and
showing remorse for his criminal acts.
“Taking all this into consideration, I believe community control sanctions are consistent with the
guidelines,” Handwork said.
He then sentenced Schuman to three years of community control sanctions on each of the tampering counts,
three years of sanctions on the perjury charge and three years on the theft charge.
Handwork ordered 45 days in jail, the $5,000 fine and court costs.
The judge also ordered evaluation and possible treatment for both alcohol and mental health issues.
Schuman was ordered not to have contact with other convicted felons. Kerger asked for an exemption from
that restriction as that would hamper his ability to work with many of his clients. The judge said he
would rule on that later.
The judge also agreed to a stay of four days on the jail sentence and ordered Schuman to report by 5 p.m.
Friday to the justice center.
Handwork reminded Schuman that should he violate his community control sanctions he could be sentenced to
up to 30 months in prison.
During the sentencing Handwork referenced several letters that had been written in support of Schuman by
family and friends along with several attorneys.
After the sentencing Matuszak said that none of those attorneys were criminal defense attorneys in Wood
County.
“None of those were his peers here,” Matuszak said. “None of them stepped forward to support him.”
Schuman told Handwork that that he had expressed his thoughts during the trial and would be happy to
answer any questions the judge may have.
Schuman’s victim in the one case, Derek Smith of Carey, addressed the judge.
Smith recalled how Schuman seemed to take delight in winning a judgment for additional money against
Smith.
“He told me, ‘I got you,’” Smith said, “I’m just a normal guy who works in a factory, and I owed Mr.
Schuman money. I was willing to pay what I owed him.”
However, when Schuman overcharged him, Smith said had to take further action. Schuman came to Smith’s
home with his dogs and Schuman allowed his dogs to use Smith’s property as a bathroom and never asked
for anything to clean up the mess the dogs left. Smith said that says a lot about Schuman’s lack of
character.
Smith said that Schuman repaid him the amount he was overcharged, but never said he was sorry.
“He never apologized. I think the system let me down,” Smith said.
He said that he initially paid Schuman more than $7,000 in just 11 months.
“I couldn’t do things for my son. I look at my check and $600 was gone — no vacations, no Christmas
presents. That is the price for me and my family. And he has the audacity to take me back in the room
and say, ‘I got you,’” Smith said.
Handwork said he sympathized with him.
“I understand you were wronged — that was downright theft. It’s very sad,” the judge said.
Smith, in an interview after sentencing, said he believes there are other victims.
“I want to say that I truly believe there are more victims out there that he has taken advantage of,”
Smith said reiterating what he told the judge. “They may not know the laws and thus not realize they can
fight against what he did.”
Smith also pointed out that he was required to pay more than $7,000 in 11 months, yet Schuman was given
three years to pay his $5,000 fine.
Before issuing his sentence Handwork praised the attorneys involved for their professionalism and
conduct.
“I admire the professional way this case was handled by both sides,” Handwork said. He said that in his
40-plus years on the bench, he had never had a professional before him who had committed the serious
crimes that Schuman had been convicted of.

No posts to display