Updated Fri, Jan 24, 2014 7:37 pm
A man involved in the 2009 murder of Donnie Putnam in New Marshfield will indeed have to spend a life sentence in prison without the possibility of parole until at least 28 years have been served, the 4th District Court of Appeals ruled.
Mohat Osman was convicted in August of 2009 of murder and aggravated robbery. After eight days of testimony, a jury came back with a unanimous decision that Osman was guilty. Two other juries came back with the same verdict on co-defendants Phillip Boler and Abdifatah Abdi. All three received the same sentence.
Osman appealed initially and won the right to be re-sentenced after the 4th District Court of Appeals ruled that the case be sent back to Athens County Common Pleas Court to determine if Osman's sentence could be merged or whether the charges contained separate animus and conduct meaning the full sentence could stand.
The trial court determined the charges were not allied offenses and that the crimes were committed separately, affirming the 28-to-life sentence.
After the judge's decision, Osman again appealed to the 4th District Court of Appeals but the court found in favor of the prosecution, agreeing that the crimes were committed separately.
Abdi similarly won the right to be re-sentenced. Prior to his hearing though, he entered a plea agreement that saw his sentence reduced to life but with the possibility of parole after 18 years.
Boler did not argue the allied offense theory. He filed several appeals but each were unsuccessful.
Putnam was killed in a crossfire between shots being fired from the defendants and people inside the home of Bill Osborne. The defendants were trying to rob the Osborne home when gunfire erupted. Putnam was not involved in the incident but was walking toward the entryway to the house when the shots were fired.