A federal magistrate has recommended that a federal judge dismiss the petition filed by a former Bristolville man to overturn his conviction and life sentence for the 2017 killing of a man in Trumbull County.

Assistant Trumbull County Prosecutor Chris Becker announced on Tuesday that Magistrate Darrell A. Clay recommended to Judge James G. Carr that he deny the petition filed by Austin Burke, who was convicted of aggravated murder and other charges in connection with the death of Brandon Sample.

In his petition, Burke argued that his conviction was based on illegally seized evidence, insufficient evidence, ineffective trial counsel, prosecutorial and juror misconduct, and a lack of fundamental fairness in his right to confront witnesses.

However, the magistrate found that Burke's petition was filed too late and did not provide credible evidence to support his claims of actual innocence.

Burke has been in prison since 2017 for the murder of Sample and the robbery of a Pizza Joe's restaurant in Cortland.

Burke is scheduled to go on trial later this month in Scioto County, Ohio for allegedly killing a fellow prison inmate.