Life with parole possible after 21 years for Brunswick man in 2024 Lorain County bar murder

ELYRIA — James Stewart Jr. was sentenced Monday to life in prison, with the possibility of parole after 21 years, for shooting and killing an Olmsted Falls man in a Columbia Township bar in May 2024. Lorain County Common Pleas Judge Chris Cook said 49-year-old Jason Kleinman's death could have been avoided if Stewart, 42, of Brunswick hadn't taken a gun into Joker's Pub & Grub on May 10, 2024, after sensing "things started to go sideways." "Just leave," Cook told him. "There's no question the judgment you used that day and that night was horrible. And this was so, so unnecessary for that man to lose his life in that way." Stewart claimed he only got his gun out of his truck that night to protect his brother from a perceived threat. He argued he wasn't guilty by reason of "defense-of-others." The jury didn't buy it. A two-week trial in October ended with 12 of Stewart's peers finding him guilty of murder, felonious assault, illegal possession of a firearm in a liquor permit premises and firearms specifications. Cook gave Stewart the maximum sentence of three years in prison for illegally possessing a gun in a bar and three additional, mandatory years in prison for using it in the slaying. Those run consecutive to each other and consecutive to the minimum sentence of life in prison with the possibility of parole after 15 years on the murder charge. The possibility of parole after 21 years does not guarantee that parole will be granted at that time. It was the sentence Chief Assistant Lorain County Prosecutor Chris Pierre and Assistant Prosecutor Daniellela Leigh had requested, Cook noted. Stewart has 30 days to appeal his conviction and sentence, which his attorney said he plans to do. Pierre said the prosecutor's office may cross-appeal to get Stewart more mandatory time behind bars. Defense attorney Michael Stepanik said Stewart "certainly is very sorry and remorseful for his conduct." This was a situation Stewart "wishes could have been avoided" and resulted in losses for both families, he said. Standing, handcuffed and in a jail uniform, Stewart spoke softly. "I do wish this never happened," he said. "I wish I could change time. I was only trying to protect my brother. I know some words ring hollow, but I hope ... I hope and pray for the best for his (Kleinman's) family." Kleinman was a small-business owner and the father of six children. Tanya Von Duhn fought back tears and paused several times to compose herself as she told Cook how Kleinman's murder affected their children. Her boys regretted they hadn't been better sons to their father, Von Duhn said. "One act of violence can change many lives." Von Duhn also said her family wasn't out for blood. "I raised my kids not to seek vengeance," she said, and mentioned that she had asked them to have compassion for the Stewart family because they "didn't get a choice in this matter, either." Prosecutors alleged James and Mark Stewart were drunk and hostile after a seven-hour drinking binge at two bars including Joker's when they showed up at the Sprague Road establishment a second time. Testimony was that they got into an argument with Kleinman and his friend Lewis Wade, who is Black, after Kleinman joked about it within earshot of Mark Stewart. Wade testified Mark Stewart never used the N-word, but went and told his brother about the encounter. Words were exchanged between the men, with testimony differing how the incident escalated into violence. Not in dispute is that James Stewart left the bar at one point, got his gun from his truck and confronted Wade. The two scuffled and threw punches without doing each other any harm. They had separated to opposite ends of the bar when Kleinman started punching Mark Stewart in the head. James Stewart then pulled his gun and fired three shots, hitting Kleinman twice. The whole incident was caught on video. In a post on his bar's Facebook page on Monday, Joker's owner Don Kreitzer wrote that in the short time he got to know him, Kleinman was "a solid, caring human being" and "a true friend." "I still miss you to this day. You didn't deserve what happened to you," Kreitzer wrote. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com.