A state appeals court on Thursday affirmed the convictions and three-and-a-half-year prison sentence of a motorcyclist involved in a Cleveland street takeover that left a police officer injured. The Eighth District Court of Appeals rejected claims from Andrew Fusco that his trial attorney was ineffective during his sentencing hearing last year.
The case stems from a large-scale motorcycle street takeover on Detroit Road in July 2024. A group of riders occupied multiple lanes of traffic before Fusco stopped his motorcycle and then accelerated, dragging and injuring Cleveland Police Officer Petitt. A Cuyahoga County grand jury indicted Fusco shortly after the incident.
In February 2025, Fusco entered a guilty plea to an amended count of fourth-degree felony vehicular assault and a third-degree felony count of failure to comply with the order or signal of a police officer. Prosecutors dropped additional charges of felonious assault and obstructing official business as part of the agreement.
During the March 2025 sentencing, the trial court reviewed a presentence investigation report alongside Real Time Crime Camera and police body-camera footage of the incident.
The judge also heard a victim-impact statement from Officer Petitt, who described the severe daily impact of his injuries. Fusco’s attorney argued for mitigation, stating Fusco was remorseful, suffered a temporary lapse in judgment by following a “mob,” and had a stable six-year employment history.
The judge ultimately sentenced Fusco to 18 months for vehicular assault and 24 months for failing to comply, ordering the terms to run consecutively for a total of 42 months in prison. In making the decision, the court highlighted that the incident marked Fusco’s fifth conviction for failing to comply with police orders, and noted that he had violated his bond conditions while the case was pending.
On appeal, Fusco’s attorney argued that his trial counsel failed him by not providing context for the videos played during sentencing, which allegedly prejudiced the outcome.
Writing for the unanimous appellate panel, Judge Anita Laster Mays ruled that Ohio law explicitly allows judges to consider all relevant information at sentencing, including video footage. The court noted that because Fusco’s charges required elements of serious physical harm or a substantial risk of it, the video evidence directly related to the crimes.
Furthermore, given Fusco’s history of four prior failure-to-comply convictions and his bond violations, the court found “no reasonable probability” that any additional explanation from his lawyer would have altered the consecutive sentencing structure required by Ohio law.
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