ELYRIA — Thomas Holmes won’t be going back to prison, county Common Pleas Judge James Burge decided today.

Burge had freed Holmes last year by cutting Holmes’s original prison sentence of 23 years – imposed by Burge’s predecessor – to six years for hitting his wife in the head with a hammer, punching her and holding her at gunpoint in November 2000.

Prosecutors cried foul saying Burge had overstepped his authority and appealed the new sentence, but an appeals court said the judge could hand down whatever sentence he wanted, but that he had made technical mistakes when he first resentenced Holmes.

Assistant County Prosecutor Tony Cillo said at today’s hearing that Holmes had never shown any remorse or apologized for the attack on his wife, who died in a house fire shortly after Holmes went to prison.

Burge asked Holmes to apologize, but Holmes declined, saying only that he would have done things differently if he could go back.

 

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