TWINSBURG, Ohio — Twinsburg residents living near the Post Road home of 70-year-old Mark Sanders shared their fear and concerns after learning Sanders may be issued home confinement after being found not guilty by reason of insanity in the 2020 shooting death of 38-year-old Michael Davis.
The Summit County Prosecutors office confirmed, after a court summary evaluation of Sanders, he may get the option to be confined and monitored at the Sanders family home instead of having to be confined at a mental health facility. The Summit County Prosecutor's office told News 5 it has now asked for a second summary evaluation on Sanders in late August in an effort to keep him confined at a facility and away from the public.
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Patty Scragg Hudec, who lives next door to the Sanders family home, and was the only witness in the fatal shooting of Davis, told News 5 she's appalled the judicial system would even consider confining Sanders at his family home after killing Davis, who left behind a wife and two young boys.
Currently the home is being rented by a family who has nothing to do with on-going case involving Sanders.
“Not only was I the only witness, but the wife of the man he killed lives not more than 5 minutes from our house," Scragg Hudec said. “And now they’re thinking about letting him come home; he’s had no mental help in these three years.”
Sanders was found not guilty by reason of insanity after two psychological evaluations, but the family of Michael Davis and some homeowners living on Post Road believe the case was filled with mistakes and delays, allowing Sanders to escape criminal prosecution.
Tana Cox, who's lived on Post Road for 38 years, told News 5 that if Sanders is granted home confinement, the safety of the neighborhood will be in jeopardy.
“We're scared, very scared for all of us in this neighborhood; I mean, we’re pretty close," Cox said. “For him to do something like this in front of a witness and the only witnesses, that scares me; I’m afraid for Patty, that can’t do anything being in a wheelchair. And with an ankle monitor, he could be here, have her gone and work his way down the street.”
But last week, Noah Munyer, one of the attorneys defending Sanders, supported the court rulings that have been made thus far in the case and issued the following statement:
This case is a tragedy on all fronts. Our client, Mark Sanders has been found NGRI (not guilty by reason of insanity) by two of the leading experts in Ohio.
The case has taken a longer time than usual to come to resolution due to the covid 19 pandemic and the retirement of the original judge on the case. Additionally, the global pandemic impacted the availability of experts and the completion of necessary medical and psychological evaluations.
The victim's family has expressed anger towards the court, the prosecutors and the defense attorneys regarding frustration with the timing of the case and expert opinion's.
That anger is completely misplaced, the multiple judges and prosecutors that have handled this case have been professional, ethical, diligent and appropriate at all times in this matter. Any suggestion to the contrary would be a willful misrepresentation of reality.
Summit County Prosecutor Sherri Bevan Walsh also responded to News 5 and issued the following statement in response to our story:
We continue to pursue justice for Michael’s family, to the extent that we can under the law.
Unfortunately, this has been a long process, due to a number of circumstances which caused delays, including the COVID-19 pandemic, judicial appointment changes, and court ordered psychological evaluations conducted to determine whether the defendant is fit to stand trial.
We have been in communication with the family throughout and cannot imagine the frustration, disappointment and heartache the family is experiencing. When a defendant is found not guilty by reason of insanity, they are not punished with a criminal record or prison sentence and this is absolutely devastating to victims who are seeking justice for their loved ones
Meanwhile, Scragg Hudec said can only hope the prosecutor's office will prevail in its second evaluation summary of Sanders and have him held in a mental health facility and away from the public for as long as possible.
“It’s a slap on the wrist; here you go home now, and the neighbors have to worry about themselves," Scragg Hudec said. “There’s got to be some kind of justice; there is no justice when you get to go and live at your family's home, there is no justice."
