LISBON — A Niles man whose three-year prison term was stayed pending appeal must report to the Columbiana County jail by 10 a.m. Dec. 9 since he never filed the appeal and his attempt at a federal court challenge failed.

Columbiana County Common Pleas Court Judge Scott Washam wrote in a recent judgment entry that if Joshua T. Huey, 36, doesn’t self-report as ordered for transport to prison, a bench warrant will be issued for his arrest.

Huey represented himself in a jury trial in August in county Common Pleas Court for multiple charges related to weapons and impaired driving, telling the judge repeatedly that he wasn’t participating in the proceedings. He called no witnesses for his defense and prior to trial, he filed notices of writs to dismiss the criminal complaint which were then denied by Washam. Huey made claims of lack of jurisdiction and lack of due process as the reasons the complaint should be dismissed.

The jury found him guilty of third-degree felony having weapons while under disability, fifth-degree felonies of improper handling firearms in a motor vehicle and possession of fentanyl-related compound, two counts fourth-degree felony receiving stolen property and misdemeanors of operating a vehicle under the influence of alcohol, a drug of abuse or a combination of both and OVI refusal with prior within 20 years. For the receiving stolen property charges, the jury also found that the stolen property in each count was a firearm.

The criminal case stemmed from an Oct. 8, 2023 traffic stop in Leetonia when an Ohio State Highway Patrol trooper found Huey impaired and also found two stolen guns in the vehicle and fentanyl in his wallet. Huey was prohibited from having a weapon due to a previous felony conviction and was accused of driving impaired with a loaded handgun in the vehicle.

Washam sentenced Huey to 24 months in prison for having weapons while under disability, 12 months each for the receiving stolen property charges, six months each for the improper handling of a firearm and drug charges and then a local sentence of 120 days for the OVI charge. He said the weapons charges, drug charge and OVI would be served at the same time or concurrently. The receiving stolen property counts were ordered served concurrent with each other but consecutive to the other charges.

That brought the total prison term to 36 months, or three years.

Washam also suspended Huey’s driver’s license for three years and gave him a mandatory fine of $1,000.

He advised Huey of his right to file a notice of appeal within 30 days of his sentencing with the Seventh District Court of Appeals. He granted Huey’s request to stay the execution of the sentence while an appeal was pending, but he warned him that if he didn’t file an appeal, he would have to report to jail.

Huey never filed the appeal in the 7th District Court of Appeals, instead filing a motion in the United States District Court for the Northern District of Ohio against Washam, county Prosecutor Vito Abruzzino and Assistant Prosecutor Alec Beech. He claimed fraud occurred and challenged the various rulings in the case, asking U.S. District Judge David Ruiz to vacate the Common Pleas Court judgment.

Legal counsel for Washam, Abruzzino and Beech filed a motion to strike Huey’s motion and dismiss the federal complaint, claiming he was trying to relitigate his criminal case.

Ruiz dismissed Huey’s complaint, writing in his ruling that federal district court lacks the power to review such cases rendered by state courts, in this case, the Common Pleas Court. He dismissed the case for “lack of subject-matter jurisdiction.” He also wrote that the defense motion asking for the federal case to be dismissed was moot, considering his decision.

In a judgment entry dated Nov. 29, Washam dissolved the stay of execution of the imposed sentence against Huey, ordering him to report to jail. Notices of the order were being sent to addresses both in Niles and Warren for Huey.

mgreier@mojonews.com