AKRON, Ohio — An Akron woman, who was attacked by a stranger outside of her home, feels like the justice system has failed her after the man who committed the violent robbery was sentenced to community control instead of prison.
The sentence by Summit County Judge Mary Margaret Rowlands has also irked the Summit County Prosecutor's Office, which is planning to appeal, arguing the crime committed by Javion Rankin should carry a presumption of prison time.
"The outcome just put me in tears. It put me really in tears. I was really devastated," said Sheila Moore, who was 60 years old when she was victimized.
In December 2020, Moore returned to her home on Nestor Avenue following a doctor's appointment. Moments after she tried to put her key in the front door, a stranger wearing a mask grabbed and dragged her across the grass of an apartment complex and tried to steal her purse.
"I couldn't believe it, being beaten on the ground, being pulled through the grass and mud, just beaten, stomped and kicked," she said.
During the struggle, Moore was able to pull the mask off of her attacker before he ran and got away in a vehicle. More than two years later, the incident continues to haunt the grandmother.
"I'm just always afraid. I'm still afraid," she said. "I feel if it wouldn't have been me that day, it would have been somebody else that might have been walking down the street or whatever."
DNA from the mask helped police identify Rankin as the suspect. He was arrested in 2021.
Last month, Judge Rowlands found Rankin guilty of one count of robbery after he pleaded no contest.
In a news release, Summit County prosecutors indicated the office requested a prison sentence of seven to 10 years.
However, on Thursday, the judge sentenced Rankin to three years of community control— referred to by some as probation. In her sentencing document, the judge indicated Rankin could be sentenced to up to 7.5 years in prison if he violates the terms of community control.
News 5 reached out to Rowlands to inquire about the sentence.
In a statement, the judge said, "This matter is pending before the Court. According to the Ohio Judicial Code of Conduct, the Court will not comment on the government's press release or the contents therein."
Moore, who watched the sentencing hearing via Zoom, said she was stunned Rankin didn't get prison time.
"I was in my basement in tears," she said. "Probation; that's not good enough. It's not good enough."
Rankin's attorney, Don Malarcik, said he felt the sentence was appropriate.
"A person like Javion— with no prior felony record— this is the kind of sentence every judge in the county hands down," Malarcik said.
In a separate case, Rankin is charged with aggravated murder in connection with the death of 21-year-old Tyraye Carter. He was killed on Dec. 3, 2020, in the area of Tampa Avenue and 28th Street SW in Akron.
Last June, Judge Rowlands ordered Rankin to be released on a signature bond, but with electronic monitoring in place, as he awaits trial for the murder.
Malarcik said a dispute over the use of technological evidence and testimony led to an appeal by prosecutors before the trial. The defense attorney added that the bond decision boils down to Rankin's right to a speedy trial.
"That's the reason he's out. They made the appeal. He's out because of their actions," Malarcik said.
A statement from the Summit County Prosecutor's Office said, "Rankin is currently on 24/7 monitoring as a condition of his release on a signature bond due to the Prosecutor's Office appealing the court's ruling forbidding the use of Cybercheck evidence in the murder case."
Moore told News 5 that she continues to have nightmares because of the 2020 attack and said her long wait for justice never came.
"I don't have faith in the justice system anymore. I really don't," she said.
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