Login | January 10, 2025
Former Mahoning County prosecutor looks back on his career
SHERRY KARABIN
Legal News Reporter
Published: January 12, 2023
The year was 1996 and it was a momentous and unforgettable one for attorney Paul J. Gains, who decided to run for Mahoning County prosecutor to eliminate widespread corruption in the criminal justice system, an issue he had learned about from some of the clients he represented.
“I was told that $10,000 could buy your way out of a homicide indictment,” said Gains. “At the time, we had a dramatic increase in homicides and I had tried to solicit others who I trusted to run.
“Since no one wanted to do it, I decided it would be me,” he said. “I rebuffed a number of efforts by the mafia to bribe me.”
It all culminated in an assassination attempt on Christmas Eve in 1996 after Gains won the November election.
“An intruder broke into my home and shot me,” said Gains. “When I saw him, I pivoted to my right. He fired and the slug went through my arm, entered my side, struck a rib and exited at my spine.
“The second shot missed. The intruder was later identified as Mark Batcho, who ultimately cooperated with the government. He later testified that he leaned over me while I was lying on the floor to finish me off, but the revolver had jammed. He then ran out of the house and left me for dead.”
The investigation later determined that Batcho ran through the rear yard of Gains’ house, where his two accomplices (Jeffrey Riddle and Antwan ‘Mo Man’ Harris) were waiting in a car. As they were leaving the scene, they decided to return to Gains’ home to make certain he was dead when they heard the call of a shooting at his residence go out on their police scanner. They then decided to leave the area.
“I was told the slug missed my spleen and kidney by a centimeter, and narrowly missed my spine,” he said. “I was very fortunate.”
Three months after he was shot, Gains received a late-night telephone call at his home from a girlfriend of one of those involved in the attempt on his life.
“She provided me the information which resulted in the dismantling of the Strollo organization and the convictions and incarceration of numerous officeholders and others,” said Gains, who took office in 1997 and was re-elected six times.
The failed assassination left Gains more determined than ever to carry out his mission of eliminating corruption and that’s exactly what he said he worked to do during his nearly 26 years as prosecutor.
“I am very proud of what I achieved,” said Gains, whose last day on the job was Nov. 30, 2022. “I took down the ‘For Sale’ sign when I assumed office.”
And that’s only part of his legacy.
“Prior to my taking office, the various county boards and 14 townships in Mahoning County utilized outside counsel to represent them in many of their legal matters,” said Gains.
“I worked with (now Chief Assistant Prosecutor) Linette Stratford to save the county and townships thousands of dollars in outside counsel fees by turning the prosecutor’s office into a full-service law firm that now represents all those county boards and townships.”
Stratford said Gains’ sacrifice had “an immeasurable positive impact on the community.
“I don’t know if he truly appreciated the risk he was taking when he decided to run, but his willingness to continue on even after an assassination attempt is amazing,” said Stratford.
“Over the years, we worked on hundreds or maybe even thousands of matters together,” said Stratford. “Paul is one of the smartest lawyers I’ve ever known.
“He genuinely cares about this community,” said Stratford. “I would hate to think where we would be today had he not won the election.”
Acting Prosecutor Gina DeGenova, who worked for Gains for 17 years echoed Stratford’s sentiments.
“Paul has been a positive influence on my career,” said DeGenova. “Paul Gains embodies all of the characteristics I strive for in myself––integrity, intellect and a strong work ethic.
“I appreciate all the years we worked together and the opportunity to carry on the legacy he worked so hard to create for the citizens of Mahoning County.”
Gains’ dedication to public service dates back to 1973 when he began working as a patrolman at the Youngstown Police Department.
Prior to his appointment to the department, the Youngstown native worked for U.S. Steel and served in the Air Force Reserves.
He obtained his bachelor’s degree in law enforcement administration from Youngstown State University in 1976.
During his time as a police officer, Gains received four meritorious service commendations.
He was elected president of the Youngstown Fraternal Order of Police Lodge 28 in 1978, which was the collective bargaining representative for all sworn officers of the department.
“Part of the reason I applied to law school was because I was already doing some of the things lawyers do as FOP president,” said Gains. “I was accepted in the night school program at The University of Akron School of Law in September 1978.”
After earning his juris doctorate from Akron Law in 1982, he left the police department and started his own practice.
“I handled a lot of criminal defense cases, defended police against civil rights suits and represented employees in government labor matters,” said Gains.
In 1993 Gains and attorney Mary Jane Stephens (now deceased) were named Mahoning County Lawyers of the Year by The Mahoning County Bar Association for their work in freeing a wrongly convicted man.
“In 1988 two young boys were raped in separate incidents, one occurring in Youngstown and the other in Struthers,” said Gains. “After a composite drawing of the suspect was published, police received information that Tyrone Ellington resembled the composite.
“Ellington was arrested on an unrelated charge. Police held a lineup and the Struthers victim identified Ellington as the perpetrator. The victim and witnesses in the Youngstown incident did not identify Ellington as the perpetrator. Based on the identification of the Struthers victim, Struthers police charged Ellington with the rape. I was appointed by the court to represent Ellington.
“In 1989, Ellington was convicted by a jury of forcible rape of a 10-year-old boy and sentenced to life imprisonment,” said Gains. “After Ellington’s incarceration, I received a tip from a Youngstown police officer that similar rapes of young boys had occurred and that Youngstown police had arrested one Johnny Lee Jones, who bore a striking resemblance to Tyrone Ellington.”
Based on this information, Gains and Ellington’s appellate attorney Stephens began an investigation into this newly-discovered evidence.
They then filed a motion for a new trial based on newly discovered evidence, which was opposed by the Mahoning County Prosecutor’s Office.
“The 7th District Court of Appeals ordered that an evidentiary hearing be held on the original motion for a new trial based on newly discovered evidence,” Gains said. “During that hearing, after several witnesses testified, attorneys for the prosecutor’s office conceded that Ellington had been wrongly convicted and moved the court to dismiss all charges against Ellington.”
He was released from custody and was later determined to be a wrongly convicted individual under Ohio law, Gains said.
As someone who survived an assassination attempt, Gains said he views every day as a gift, which is the main reason he decided to retire last year while he was still healthy.
“I ride motorcycles, enjoy traveling and I am hoping to enjoy more of those activities,” said Gains.
“I believe I’m leaving the office in good hands with Gina DeGenova,” said Gains. “She worked for me for 17 years. I’ve seen her in and out of court and she’s an excellent attorney. She’s very honest and a hard worker, which are of most importance.
“She will continue to vigorously prosecute those accused of crimes and will continue to provide excellent representation to the various county boards and townships.”
On Dec. 8, 2022, the Ohio Prosecuting Attorneys Association presented Gains with the Prosecutor of the Year Award.
“I now have the rare distinction of being honored as both a criminal defense lawyer and as an elected prosecutor,” said Gains.