Why a Hamilton County judge released from prison a man who shot someone in the head

In 1999, Danny Aria shot a man in the head during a fight that according to testimony was fueled by alcohol, drugs and Aria believing his wallet had been stolen.

That same year, Aria, then 27, was convicted by a jury of multiple charges including felonious assault and sentenced to 41 years in prison.

But this month, a Hamilton County judge granted Aria’s request to be released from prison, saying there was “little to no likelihood” that Aria – who has colon cancer that spread to other organs and was receiving hospice care – would commit future crimes. He had served 22 years of his sentence.

Aria, according to court documents, is no longer able to get out of bed, has trouble breathing, isn’t receiving chemotherapy and has a “do-not-resuscitate” order.

Common Pleas Judge Jennifer Branch ordered Aria to be confined to his home and monitored electronically. He is prohibited from using alcohol or controlled substances and can’t possess a gun.

The decision to release the 49-year-old Aria from prison was strongly criticized by Hamilton County Prosecutor Joe Deters. He sees it as part of a shift at the courthouse, where he says many newly elected judges are focusing on defendants and not victims of crimes.

“When you go down that path, you get ridiculous decisions like this,” Deters told WLWT-TV in an interview. He declined to speak with The Enquirer, saying through a spokeswoman that he had made all the public statements he was going to make.

According to court documents, Aria held four men at gunpoint in an Arlington Heights apartment. He accused one of taking his wallet earlier that night at a bar (the wallet was later found at the bar). He held a gun to the heads of at least two of the men. The man who was shot, the documents say, wrestled Aria into a bathroom.

The man testified at a Sept. 9 hearing that the bullet is still lodged in his head. He said he is 80 percent blind in both eyes, has paralysis on the right side of his body and is treated for seizures.

In an order filed Oct. 20, Branch said she believes Aria won’t commit future crimes, “given the advanced stage of his cancer, his inability to walk, his difficulty in breathing and his pain.”

The sanctions imposed, Branch said, “are adequate to punish him and protect the public.”

“Most importantly,” she added, “Mr. Aria’s terminal illness, untreated metastasized colon cancer, inability to walk, difficulty breathing, pain and poor prognosis outweigh any likelihood he will re-offend.”