Trumbull prosecutors call convicted murderer 'one man crime gang', ask for life sentence
The Trumbull County Prosecutor's Office is making a case to keep a 19-year-old in prison for the rest of his life.
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WARREN, Ohio - The Trumbull County Prosecutor's Office is making a case to keep a 19-year-old in prison for the rest of his life.
A sentencing memorandum filed on behalf of the Prosecutor's Office asks the court to impose a sentence of life without the possibility of parole on Austin Burke, the teen accused of killing Brandon Sample, of Warren, and dumping his body in a state game land near Bristolville.
Burke was found guilty of aggravated murder, aggravated robbery, tampering with evidence, and having a weapon under disability earlier this month.
Investigators say Burke shot 22-year-old Kenneth Sample who was reported missing last June.
Sample's body was found a few days later near a secluded area of the Grand River Game Lands in Bristolville.
Burke was arrested days later after allegedly robbing the Pizza Joe's restaurant in Cortland.
In the Prosecutor's request for life without parole, they argue that Burke's "horrific" juvenile record, in addition to threats made while incarcerated, and lack of remorse show that Burke would "make more victims" if he is not kept in prison.
The memo states that while incarcerated Burkle was found to be in possession of a "shank" for which he pleaded guilty to charges of possession of a deadly weapon while under detention.
In addition, prosecutors allege that Burke has made several threats to "kill fellow inmates".
Prosecutors say that Burke has an increasingly violent record including breaking and entering, inducing panic, receiving stolen property, aggravated burglary, and the current convictions of aggravated murder and aggravated robbery.
The memorandum alleges that Burke has shown no remorse, instead citing the fact that he has been recorded in conversations with his girlfriend while in the jail saying that he wanted to "punish", "torture", and tie her up.
Prosecutors say that Burke also asked her to visit him in jail wearing nothing under her coat.
The memo states "Thie Defendant has no other history but delinquent adjudications and crime".
The filing also states that Burke has "continued to commit more and more serious offenses" saying that Burke has "committed serious crimes while incarcerated!"
Prosecutors say that Burke is "the definition of a narcissist".
"The defendant's slaps on the wrist must stop and lifetime incarceration must occur to prohibit the defendant from victimizing and killing more innocent victims," Prosecutors argue.
The memorandum asks that if a sentencing jury will not impose a sentence of life parole, they should at least mandate a sentence of life with a possibility of parole in 30 years, to be immediately followed by 11 years for the aggravated robbery convictions and then the firearm specifications- which would lead to a minimum sentence of 47 years in prison.
Burke is scheduled to be sentenced Tuesday, March 27th.
