A request for an extension to file a brief in the appeal case of Ely R. Serna was approved last week.
An entry filed in the Ohio Court of Appeals Second Appellate District last Friday states the appellee’s brief will now be due on March 12.
Previously, a motion seeking to enlarge the time in which to file the brief was filed Feb. 19 by Champaign County Assistant Prosecutor Jane Napier due to her large caseload. Within the motion, Napier asked for an additional period of 20 days to file the state’s brief.
Serna, 19, received a maximum prison sentence of 23 1/2 years in May 2018 for the Jan. 20, 2017, shooting at West Liberty-Salem, during which two students were injured. Prior to sentencing, Serna pleaded guilty to one count each of attempted murder with a three-year firearm specification, felonious assault and inducing panic in April 2018.
A notice of appeal was filed on May 17, 2018.
A merit brief was filed on behalf of Serna by attorney Stephen Hardwick on Jan. 31.
Within the brief, Hardwick asks the appeals court to reverse the sentence and remand the case for a new sentencing hearing, arguing that Judge Nick Selvaggio erred by conducting his own research into the effects of Vyvanse instead of relying on expert testimony and by failing to consider Serna’s age and age-related characteristics as mitigating factors.
Within the Champaign County Common Pleas Court’s sentencing entry, Selvaggio notes Serna admitted to a pre-sentence investigator that he used Vyvanse four times. The entry notes the drug is used to treat patients with attention deficit/hyperactivity disorder.
Selvaggio noted Serna admitted to one mental health evaluator that he attended a wrestling meet on the Saturday prior to the shooting, which occurred on a Friday, and admitted he obtained the drug from a friend on Saturday and used it the Saturday and Monday prior to the shooting.
Within the court’s entry, Selvaggio cites the drug’s website when discussing potential side effects of using the drug.
Hardwick contended five expert witnesses and the court agreed Serna, who was 17 during the shooting, suffered from major depression when he committed the shooting.
Hardwick further contends the court improperly relied on a drug maker’s promotional materials instead of seeking additional expert assistance.
Regarding age, Hardwick contends the court failed to consider Serna’s youth before sentencing him to a maximum prison term.