The man found guilty in a home invasion from March 2004 who was to be resentenced by order of an appeals court has received the same sentence.
Erie County Probate Judge Beverly K. McGookey sentenced Fulton to 35 years in prison again Tuesday.
Statements the court found from the sentencing arguments were read onto the record in the first sentencing hearing, McGookey said, making the judgement not in line with a previous state of Ohio case. This time around, those statements were not read onto the record. The circumstances and findings of the jury were still the same and still deserved the sentence rendered, McGookey said.
Fulton's attorney appealed his original sentence, saying those rules had not been followed. The appeals court agreed and ordered a new sentence late last year.
Fulton was convicted of aggravated burglary, three counts of felonious assault, three counts of attempted kidnapping and having a weapon under disability in April 2005 in connection with a March 2004 Berlin Heights home invasion. The family that lived at the home testified Fulton barged into the house and threatened them with a gun. The then-70-year-old father struggled with Fulton as his 67-year-old wife hit Fulton over the head with a gun from the home. Fulton was shot four times as he tried to escape the home. He argued he went to the home to discuss a gun-sale debt.