CLEVELAND — The Cuyahoga County Prosecutor’s Office is asking that a death row inmate’s life be spared in an effort to maintain public confidence in the justice system.
Prosecutor Timothy McGinty said after reviewing Arthur Tyler’s case under the current capital case process, he concluded capital punishment would not be sought today.
Tyler, 54, was convicted twice for the 1983 aggravated murder of Cleveland produce vendor Sander Leach, 74.
His execution was scheduled for May 28.
The prosecutor’s office asked the Ohio Parole Board Monday to recommend that Tyler’s sentence be commuted to life without the possibility of parole.
At the time of Tyler’s trial, Ohio law did not allow for that sentence on an aggravated murder conviction.
However, the prosecutor’s office emphasized it still believes Tyler was the triggerman.
“Without diminishing the severity of this offense, and with the goal of providing a just and appropriate punishment, after accounting for all factors in this case, the Cuyahoga County Prosecutor’s Office asks this Board to recommend that the Governor commute Tyler’s sentence from death to life without the possibility of parole,” Monday’s filing concluded. “The Cuyahoga County Prosecutor firmly opposes any commutation that would lead to Tyler’s release.”
The Parole Board was expected to consider Tyler’s case on April 24 and make a recommendation to Gov. John Kasich, who has the power to change the sentence.