Not many people are sentenced twice for the same crime.
Charles Marotto, 28, of Silver Lake, had this unusual opportunity Friday afternoon when he was again sentenced in the heroin death of a man he called his friend, Aaron Carter. The outcome was the same, though, with Marotto sentenced to five years in prison by Summit County Common Pleas Judge Tammy O’Brien.
“Here we are on the brink of a holiday weekend with two families that are devastated,” the judge said. “One lost a son and another has a son facing prison. This is a tragic and avoidable situation.”
O’Brien ended up with the case after Summit County Common Pleas Judge Lynne Callahan vacated her identical sentencing from earlier this month. Callahan found out she had a potential conflict of interest because her husband, defense attorney Mike Callahan, had handled cases for family members of Carter.
Marotto pleaded guilty Jan. 20 to involuntary manslaughter, a first-degree felony, and trafficking in heroin, a fifth-degree felony, for the July 25 death of Carter.
Carter, 23, was found dead in a Cuyahoga Falls home. The Summit County Medical Examiner’s Office ruled he died from injecting heroin. Detectives determined Marotto gave him the heroin.
As in the first sentencing, family members and supporters of Carter and Marotto spoke in Friday’s emotional hearing.
Gina DiPaulo, Carter’s mother, who was too overcome to speak during the first sentencing, was able to speak at the second. She said her son had gone through treatment before his death and held up photographs of him taken shortly before his death.
“That is not the face of a heroin addict,” she said. “I know that face.”
DiPaulo questioned whether Marotto was really her son’s friend; however, she said she hopes Marotto continues to stay sober and get the help he needs for his addiction.
“I forgive you,” she said, sobbing. “I have no hate in my heart.”
Assistant Summit County Prosecutor Joe Dangelo suggested a six-year sentence.
Marotto, who was dressed in an orange jail jumpsuit and frequently wiped away tears during the sentencing, said he was injured in a car crash in 2007 and prescribed painkillers that led to a heroin addiction. He said he was on a waiting list to enter a treatment program when Carter died.
Since his arrest, Marotto underwent treatment and said he now wants to help other addicts.
“I don’t want to be a heroin addict for the rest of my life,” he said. “I know I can stay sober.”
Stephanie Warsmith can be reached at 330-996-3705, swarsmith@thebeaconjournal.com and on Twitter: @swarsmithabj.