Accomplice pleads guilty in death of man trying to steal copper wire

By Peter H. Milliken

The victim was electrocuted with 23,000 volts.

YOUNGSTOWN — The accomplice of a man who was electrocuted with 23,000 volts while trying to steal copper wire from an Ohio Edison substation has pleaded guilty to negligent homicide.

Kenneth M. Miller, 33, of First Street, pleaded Wednesday before Judge Maureen A. Sweeney of Mahoning County Common Pleas Court, who will sentence him at 10:15 a.m. Dec. 19.

James O. Leach, 50, of East Auburndale Avenue, died when he was jolted with the high voltage — almost 10 times that of the electric chair — at the Oak Hill Avenue substation at 3:36 a.m. on Sept. 13, 2007.

After being electrocuted, Leach fell about 10 feet from a transformer; and a circuit-breaker tripped, causing a seven-minute power outage for 1,571 customers in Youngstown and Boardman.

Leach’s body was still smoldering when Ohio Edison crews arrived and found bolt cutters fused to his neck. A large hole had been cut in the fence, and a walkie-talkie and a backpack full of tools lay near Leach’s body.

Miller was originally charged with involuntary manslaughter, disrupting public services and breaking and entering.

In the plea agreement, the manslaughter charge, which was a first-degree felony, was reduced to a first-degree misdemeanor charge of negligent homicide.

Also, Miller pleaded guilty as charged to the fourth-degree felony charge of disrupting public services; and the prosecution dropped the fifth-degree felony charge of breaking and entering.

For the charges to which he pleaded guilty, Miller’s potential sentence ranges from probation to 18 months of incarceration.

Although he said he thought the manslaughter charge fit the circumstances under the law, Robert J. Andrews, assistant county prosecutor, said he made the plea agreement because he believed it would have been extremely difficult to persuade a trial jury to convict Miller of manslaughter.

Other than being a co-defendant, Miller “didn’t do anything to cause the death” of Leach, who was killed when he touched a live wire, Andrews explained in court.

Andrews said he has agreed to stand silent concerning a sentencing recommendation.

Miller’s lawyer, Lou DeFabio, said he’ll recommend probation for his client, who is employed full time and has no prior felony convictions.

DeFabio said Miller didn’t do anything to cause Leach’s death, and Miller tried to discourage Leach from entering the substation.

“James Leach died because he cut a live wire,” DeFabio said. “Ken feels awful.”

Using an emergency release plan to control the inmate population, the county jail released Leach, who had been held on a theft charge, just 11 hours before his death.

milliken@vindy.com