In March, He Was Freed Because Of Self-Defense Law. Today, He Got 8 Years.

A Phoenix man, whose 2017 murder case was dropped by Cuyahoga County prosecutors because of Ohio’s new self-defense law, was sentenced on Wednesday to eight years in federal prison.

A jury found Joshua Walker guilty of being a felon in possession of ammunition earlier this year in a case that dealt with the same incident but was brought by the U.S. Attorney's office after state charges were dropped.

During the sentencing hearing, U.S. District Court Judge James Gwin said he polled jurors and their average recommendation was about four-and-a-half years behind bars. The same charge carries a three-year sentence under state law.

Gwin said he chose a stiffer sentence because of the death that resulted from Walker's decision to carry a gun, which was captured on video, and because of Walker’s criminal history.

In 2004, he was convicted of selling crack cocaine and sentenced to 10 years in federal prison. Walker was on probation for that charge when the killing occurred at a bar on Cleveland’s West Side.

“Why does your client go around carrying a gun when he must know he’s not allowed?” Gwin asked Walker’s attorney Timothy Kucharski. “Who’s he afraid of?”

“My understanding is it’s just a general concern,” Kucharski replied.

The 35-year-old Walker pleaded for leniency from the judge, criticizing the court for using the killing, though he claims it was self-defense and he was never convicted, as a reason to add on to his sentence.

“I believe and know I didn’t commit malice on Mr. Mason. I only defended myself,” Walker said. “That’s harsh what they’re asking for.”

The federal prosecutor was asking for between nine and 10 years.

“The fact of the matter was the defendant was on supervised release, had a criminal history, had served 10 years and chose to carry a firearm,” said Assistant U.S. Attorney John Hanley.