TOLEDO, Ohio — UPDATE: ON Feb. 14, Johnson's lawyers filed an appeal in federal court on his behalf.
Former Toledo City Council member Gary Johnson was sentenced to four months in prison Thursday, three and a half years after he was indicted on charges of conspiracy and extortion.
Johnson was sentenced for a single federal extortion conviction, of which he was found guilty for accepting a $2,000 bribe from Nabil Shaheen. In court, Judge Jeffrey Helmick said presentence guidelines set the recommended sentence at 21-27 months. However, defense lawyers argued that Johnson was never the initial target of the investigation, that he's been a successful Toledo businessman, and civil servant, including decades as an auxiliary sheriff's deputy.
"Unquestionably, you have a record of good works," Helmick said, citing many letters of character references he had received. "I don't believe your motivation was to line your pockets. The actions of your co-defendants are more offensive in some ways. ....The defense has persuaded me that some adjustment is necessary."
In addition, Judge Helmick was moved by a letter that the jury submitted to him after acquitting Johnson in June on a charge related to receiving a $1,000 check but convicting him for taking $2,000 in cash from Shaheen.
In the letter, the jury wrote: "We believe Gary is an honest, genuine person with good intentions who was caught up in a bad situation."
Judge Helmick said that he has been a trial judge for more than 11 years and had never received a similar note.
Johnson was one of four Toledo City Council members arrested in 2020 and charged in the federal corruption case. The three other defendants -- former council members Tyrone Riley, Larry Sykes and Yvonne Harper -- pleaded guilty in December to accepting bribes during their time in office in return for legislative support. The three are currently serving prison sentences. Sykes is scheduled for release on April 12. Harper's release date is Aug. 27. On a federal database, no release date is scheduled for Riley, but he was sentenced to 24 months in prison.
Johnson expressed no second thoughts about taking his case to trial. His attorney, Gregory Gilchrist said, "that was never on the table. Mr. Johnson wanted to go to trial and make his case, and he did."
After sentencing, Johnson made brief comments outside the courthouse. He said, "I just regret the whole episode, the harm that it's caused everybody."
During the hearing, he got emotional, telling the judge that the charges caused him to lose his business and also caused embarrassment to his family.
Johnson has 14 days to appeal the conviction and sentencing. It will take the Federal Bureau of Prisons at least 60 days to process him into the system before he would be expected to surrender. Judge Helmick said he will serve his time at a minimum security prison.
Throughout his trial, Johnson's defense was that he believed the $3,000 was given to him as a legitimate campaign donation. The judge took issue on Thursday with the fact that Johnson did not try to return the $2,000 cash donation - until he was charged, more than 60 days after receiving it.
Gilchrist said they will talk to Johnson about whether he wants to appeal, but an appeal would likely center around campaign finance law.
"We're talking about campaign contributions which are constitutionally protected, but may be unpopular," Gilchrist said. "In fact, a lot of social sciences suggest that people do find it unpopular, but it is constitutionally protected and a core component of our democracy.
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