Murder trial reset after jury deadlocks

The jurors, seven women and five men, deliberated for 12 hours over two days.

By Peter H. Milliken

YOUNGSTOWN — A new trial is set to begin Monday for two men charged in a November 2007 homicide.

A hung jury resulted in a mistrial for the men facing charges of aggravated murder, aggravated robbery, kidnapping and felonious assault.

Judge Maureen A. Sweeney of Mahoning County Common Pleas Court declared the mistrial Tuesday after a seven-woman, five-man jury deadlocked in the case of Aaron Sherrod, 22, of Stockbridge, Ga., and D’Metri Lee, 21, of Idlewood Avenue, whose trial began two weeks ago.

Sherrod and Lee are charged with the Nov. 18, 2007, aggravated murder, aggravated robbery and kidnapping of James E. Dow, 28, of South Lakeview Avenue, and felonious assault against a friend of Dow’s, who survived after he was shot in the hip on the same day. All counts carry firearm specifications.

Judge Sweeney set a pretrial hearing for 10:30 a.m. today and said the retrial for Sherrod and Lee is set to begin Monday.

Dow was found shot to death in the basement of 145 Thornton Ave. on the city’s North Side, his feet bound with tape.

The jurors deadlocked after 12 hours of deliberations, five hours Friday and seven hours Tuesday.

They were unable to reach a verdict despite an additional instruction Tuesday afternoon from Judge Sweeney urging that they reconsider their positions and consider it desirable to reach a verdict.

Two co-defendants, who were indicted on the same charges as Sherrod and Lee, already have made plea agreements with the prosecution and been sentenced to prison terms by Judge R. Scott Krichbaum of the same court.

Edward Taylor II, 21, of Hudson Avenue, drew a 22-year prison term, and Michael W. Lee, 22, of Cordova Avenue, drew a 30-year prison term. Michael Lee is not related to D’Metri Lee.

Taylor and Michael Lee pleaded guilty to voluntary manslaughter with a firearm specification and to the robbery and kidnapping of Dow and felonious assault on Dow’s friend.

The prosecution believes D’Metri Lee fatally shot Dow in the head. Police believe Michael Lee shot Dow’s friend.

The case is being prosecuted by Jennifer McLaughlin Smith and Robert J. Andrews, assistant county prosecutors, who declined comment because of the hung jury.

D’Metri Lee is represented by Atty. John F. Shultz. Sherrod is represented by Atty. David Betras. Shultz and Betras could not be reached to comment.

milliken@vindy.com