In September 2003, a jury convicted Gerald Riley, now 40, of Toledo, for aggravated burglary, a
first-degree felony. Earlier this year, the Sixth District Court of Appeals in its ruling considered
that the sentencing was affirmed in part and reversed in part.
On Oct. 9, Riley appeared before Judge Alan Mayberry in the Wood County Common Pleas Court for
resentencing. After testimony from the victims in the case, the court found there was sufficient
evidence on the loss of property, medical expenses and the loss of family heirlooms due to the
defendant’s actions, as well as his codefendants.
According to court documents, the medical expenses were incurred in relation to the armed burglary and
beatings by the defendants.
Riley was ordered to pay restitution in excess of $38,700, jointly and severally liable with his
codefendants Michael Hopson and Jesse Streeter.
Mayberry further weighed several factors before following the prosecution’s recommendation of 10 years in
prison, which was the same sentence given in 2003.
There is no mandatory prison sentence for such charges and the justification was not fully documented in
the original trial.
Other recent prison sentences handed down by Mayberry and the other judges, Robert Pollex, as well as
Judge Charles Kurfess sitting by assignment for Judge Reeve Kelsey included:
¥ James Casares, 34, of Toledo, to eight years in prison, including a mandatory fine of $7,500 and six
years for trafficking in cocaine; along with one year, each, to be served consecutively, for two counts
for intimidation of attorney, victim, or witness in a criminal case. (Kurfess)
¥ Jacob Espana, 20, of North Baltimore, five years for a July 18 rape, a first-degree-felony. It was
noted he was not a U.S. citizen and he must register as a Tier III sex offender. He also must spend each
July 18 in solitary confinement. (Mayberry)
¥ Davon Tapp, 38, of Toledo, four years for illegal conveyance of weapons or prohibited items onto
grounds of detention facility; and 11 months for possession of drugs. The terms are to be served
concurrently. (Pollex)
¥ Aaron Nessler, 20, of Jerry City, 18 months for community control violation of his receiving stolen
property conviction. (Kurfess)
¥ Mario Flores, 19, Toledo, 17 months for assault of a peace officer, to wit, a Wood County Sheriff
deputy on Aug. 19; and 12 months in prison for a community control violation of his receiving stolen
property conviction. The sentences are to be served consecutively for a total of 29 months. (Kurfess)

¥ Casey Lupien Sr., 48, of Oregon, 12 months for burglary in Lake Township in May. (Mayberry)
¥ Joseph Lee, 28, of Fostoria, 10 months for possession of cocaine. (Kurfess)