LIMA — A man with a criminal conviction history that Allen County Common Pleas Court Judge David Cheney called “as high as maybe I’ve ever seen” was sentenced Friday to 25 years to life in prison for the 2016 strangulation death of Lima resident Kimberly Clark.
Leo Stapleton, 49, who authorities said previously lived in Lima but left for Indiana two years ago, was given a sentence that was the maximum allowable by law. Cheney was limited by state statute to handing Stapleton a sentence of 15 years to life on the murder charge, but an earlier ruling by the court that Stapleton was a repeat violent offender allowed the judge to add an additional 10 years to the sentence, in effect mandating the defendant serve as least 25 years behind bars before being eligible for parole.
Stapleton pleaded guilty to the murder charge, an unspecified felony, earlier this month — on the day his trial was to begin in a Lima courtroom. In doing so, he admitted causing the death of Clark, 40, whose body was found inside her apartment at 118 S. Metcalf Street Dec. 21, 2016. There were signs of foul play in the apartment that led police to label her death a homicide, authorities said shortly after Clark’s death.
During Friday’s sentencing hearing, Assistant Prosecuting Attorney Terri Kohlreiser said Stapleton strangled Clark, with whom he was involved in a romantic relationship, with her own sweatshirt.
Prior to sentenced being passed, Kohlreiser reminded the court that Stapleton had “tons of prior offenses” and had been convicted of many violent crimes. The prosecutor said the defendant had previously been convicted of rape and noted that a pre-sentence investigation from 2002 at that time showed four prior felony convictions and 27 misdemeanor charges.
Kohlrieser said the additional 10-year sentence on the repeat violent offender charge was warranted.
“We are asking for 25 (years) to life. Don’t let this violent man hurt anyone for as long as possible,” she told the judge.
Also addressing the court was Theresa Clark, the victim’s mother.
“I hope you can find it in your heart to give this man life (in prison),” Clark said. “All I have now is my daughter’s grave. It’s been a long 10 months since he murdered my daughter for no reason. My whole family feels this way. We want him to serve life with no possibility of him ever being on the streets to harm anyone again.”
Members of Clark’s family came to court wearing purple T-shirts that read “In Loving Memory of Kimberly Clark” and a photo of the victim on the front.
Defense attorney Gregory Donohue called his client’s actions in causing Clark’s death “a crime of passion that got a little bit out of control. This isn’t an excuse, but he didn’t intend to cause the death of Kimberly Clark.”
Stapleton addressed the judge prior to sentencing and said the charge of murder was “not warranted.” But he nonetheless apologized to Clark’s family.
“I know the family is hurting and that’s why I did not go to trial. I didn’t do this on purpose,” Stapleton said. “I just want everybody to have some kind of closure.”
Cheney said the minimum 15-year sentence on the murder charge was “inadequate” to protect residents of the community and was “demeaning to the seriousness of the offense” and that the maximum allowable sentence on the repeat violent offender charge was necessary.
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