In 1999, Danny Aria shot a man in the head during a fight that according to testimony was fueled by alcohol, drugs and Aria believing his wallet had been stolen.
That same year, Aria, then 27, was convicted by a jury of multiple charges including felonious assault and sentenced to 41 years in prison.
But this month, a Hamilton County judge granted Aria’s request to be released from prison, saying there was “little to no likelihood” that Aria – who has colon cancer that spread to other organs and was receiving hospice care – would commit future crimes. He had served 22 years of his sentence.
Aria, according to court documents, is no longer able to get out of bed, has trouble breathing, isn’t receiving chemotherapy and has a “do-not-resuscitate” order.
Common Pleas Judge Jennifer Branch ordered Aria to be confined to his home and monitored electronically. He is prohibited from using alcohol or controlled substances and can’t possess a gun.
The decision to release the 49-year-old Aria from prison was strongly criticized by Hamilton County Prosecutor Joe Deters. He sees it as part of a shift at the courthouse, where he says many newly elected judges are focusing on defendants and not victims of crimes.
“When you go down that path, you get ridiculous decisions like this,” Deters told WLWT-TV in an interview. He declined to speak with The Enquirer, saying through a spokeswoman that he had made all the public statements he was going to make.
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