DAYTON, Ohio (WDTN) – Federal District Judge Thomas Rose sentenced Clayton Luckie to 120 days of prison and three years supervised release for mail fraud.
Luckie, a former Ohio State Rep. and a 10-year member of the Dayton Public Schools Board, served three years in prison for a previous, unrelated conviction. In 2013, Luckie was convicted of election falsification and money laundering. He was released from prison in 2016.
He was one of four indicted in April in federal court for taking part in a public corruption case. Former Dayton City Commissioner Joey Williams pleaded guilty to taking bribes in September. RoShawn Winburn, the former assistant administrator for Dayton’s Human Relations Council, will go to trial on Feb. 24, 2020. Local businessman Brian Higgins will go to trial Feb. 18, 2020.
Federal district attorneys recommended probation for Luckie, as did the probation court. Taken into account were Luckie’s count of mail fraud was committed nearly four years ago, and Luckie had pleaded guilty quickly after he was indicted and admitted guilt.
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Rose cited the short time between Luckie’s release from his earlier prison term and the date he committed the crime, which was about three months. He said if something would have registered with the defendant about his actions, it would have been during his three years in incarceration.
“I’m concerned not only about your lack of appreciation and lack of seriousness for what you’ve done but the lack of respect for the law,” Rose said.
Luckie’s attorney Aaron Durden was emotional following the sentencing, as was Luckie, who refused to comment to 2 NEWS.
“It was within the sentencing range,” Durden said. “But we expected a better outcome.”
After the sentencing, Durden asked for a sidebar to discuss Luckie’s imprisonment. Rose announced the court would push to have him serve his term at a local facility or to the closest federal facility in Ashland, Ky.
Rose’s comments during sentencing were direct and strong. He questioned where things went wrong with Luckie. He mentioned he was the product of a good home, had a good education and was a public servant as part of the Dayton Public Schools Board and the State House.
“The most puzzling part of my analysis is why?” Rose said. “You had a good childhood, a good family life, and for all intents you’ve been a good parent. You have minimal or no health concerns, you are highly educated and you spent many years as a public servant. Why? The only reason proferred that makes sense is that you could.”
Assistant District Attorney Brent Tabacchi had recommended probation for Luckie.
“All of these cases arose from a common investigation,” Tabacchi said. “Mr. Luckie’s conduct was of a different stripe than that of some of the other defendants and allegations against them.”
Durden and Tabacchi both noted Judge Rose’s serious demeanor during sentencing.
“I saw the tenor of the judge’s read,” Luckie said. “I’m in front of him a lot and it’s not often I see that.”
Tabacchi said: “These are cases where the conduct is very thought out and deliberate. Conduct where people have multiple opportunities to turn back; where you are abusing public programs and the public trust. The court sent a message today this won’t be tolerated in Dayton.”
The second count against Luckie, conspiracy to commit wire fraud, was dropped in the plea agreement.
