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An ex-prisoner whose robbery turned deadly gets the maximum sentence.
By WILLIAM R. LEVESQUE
© St. Petersburg Times, published November 10, 2000
LARGO -- Johnnie Pittman said he was just an everyday thief and drug addict who recognized an opportunity and took it.
After he saw other men beat James Howard Harsaghy in September 1999 in a Clearwater parking lot at 3 a.m., Pittman said he reached down and ripped a wad of cash out of the prone victim's pocket.
But prosecutors say he was more than a thief. After the 47-year-old Harsaghy died, they charged him with first-degree murder for participating in a robbery that turned into a killing.
But on Thursday, a jury deliberated for about two hours before finding Pittman guilty of the lesser crime of second-degree murder for his part in the attack.
Pinellas-Pasco Circuit Judge Brandt Downey III immediately sentenced him to life in prison without parole.
Prosecutor Janet Olney told jurors that Pittman, 40, planned the attack that led to Harsaghy's death in order to rob him, then split the proceeds of the robbery with two friends.
Not long before the attack, Harsaghy had been paid $240 for a house painting job.
Two other men charged in the attack pleaded guilty to second-degree murder earlier this year. Richmond Marks, 20, was sentenced to 26 years in prison. Emmit Zachery, 18, was sentenced to 20 years.
What set Pittman apart from the other two when it came to sentencing was his extensive criminal history.
At the time of his arrest for the killing, he had prior convictions that included the sale and possession of cocaine, three burglaries, carrying a concealed firearm, three grand thefts and 14 misdemeanors.
In fact, he had been released from prison on Oct. 31, 1997, less than two years before the killing.
Downey said he had no choice but to sentence Pittman to life in prison under a state law that calls for mandatory life terms for those who commit a serious felony within three years of a prison release.
"If it were up to me, I wouldn't impose that sentence," the judge told Pittman. "Between you and me, I don't think you deserve a life sentence."
But speaking of Pittman's prior record, Downey said, "Now it's coming back to haunt you."
"I don't think the facts of this case are such that you deserve a life sentence," Downey said, then noting he had no choice under state law but to impose a life sentence.
After his conviction, Pittman decided to plead no contest to additional unrelated charges of aggravated battery and the possession and sale of cocaine. Downey imposed two concurrent 20-year terms for those convictions.