Victim seeks, wins mercy for gunman After hearing testimony, judge cuts nearly 10 years from 15-year sentence

November 13, 1997|By Mike Farabaugh | Mike Farabaugh,SUN STAFF

A Westminster man serving 15 years in the shooting of an acquaintance outside an Eldersburg tavern last year had nearly 10 years of his sentence suspended yesterday, after the victim and the defendant's lawyer asked for mercy for the man's family.

Carroll Circuit Judge Luke K. Burns Jr. had sentenced Igor "Gary" Ivanov, 30, to concurrent 30-year prison terms in December, but suspended all but 15 years for each of three counts of assault with intent to murder.

Burns had also given Ivanov, who emigrated from Russia in 1990, a concurrent five-year prison sentence for using a handgun in the commission of a violent crime.

The victim, James W. "Jamie" Manis, testified at yesterday's modification hearing, telling Burns that he spent nine days at Maryland Shock Trauma Center in Baltimore, where he was treated for an abdominal wound at a cost of more than $42,000.

But Manis said Ivanov never intended to hurt anyone and only wanted to scare those who had teased him about his Russian accent.

He said bar patrons beat and kicked Ivanov after a fight broke out.

Two other men outside K. C.'s Kafe, a restaurant and bar on Liberty Road, were not injured by the eight shots Ivanov fired after getting a gun from his car.

Burns also heard testimony from a schoolteacher, who said Ivanov's absence from home has been detrimental to his 8-year-old son.

Judson K. Larrimore III, an assistant public defender representing Ivanov, asked Burns to allow his client to be returned to the Carroll County Detention Center to serve the balance of his sentence and to be eligible for work release.

Prosecutor Jerry F. Barnes argued that the county jail is crowded and that returning Ivanov would be an expense for the county.

Barnes said the five-year handgun sentence was mandatory and could not be reduced under state law, meaning Ivanov would have about four years remaining to serve at the detention center.

Burns called the case unique because the victim -- "who very well might not have been alive to come to court" -- had testified for the man who shot him.

Burns said he agreed that Ivanov posed no threat to society as long as he did not drink alcohol. He noted the strong support for the defendant from his family and the community and how much Ivanov had done to improve himself since being incarcerated, obtaining a high school diploma and participating in alcohol treatment programs.

After he is released, Ivanov will be placed on five years of probation and must perform 500 hours of community service.

Pub Date: 11/13/97

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