One of the victims was an 11-year-old fifth-grader.
By Ed Runyan
WARREN — Several people who already testified in municipal court about events leading to two murders in April, including that of an 11-year-old boy, are expected to testify again this week in the trial of Eugene Cumberbatch.
Cumberbatch, 27, of Front Street Southwest, is charged with two counts of aggravated murder and other charges. If convicted of certain of the charges, he could get life in prison without parole eligibility.
The trial will begin with jury selection this morning before Judge Andrew Logan in Trumbull County Common Pleas Court.
Cumberbatch and Eugene Henderson, 26, of Lane Drive Southwest, are accused of killing Lloyd McCoy Jr., the 11-year-old, and his sister’s boyfriend, Marvin Chaney, 26, by shooting dozens of bullets at the front of Chaney’s Wick Street house.
Lloyd, who was a fifth-grader at Willard K-8 School, was at the house visiting his sister, Brittnay McCoy, and nephew.
Earlier testimony from Brittnay McCoy indicated that Henderson and Cumberbatch fired the shots in an attempt to get even with Chaney over $3,000 they believed Chaney had taken from someone.
Brittnay McCoy is among those on the witness list for the trial.
In municipal court, she testified that a cousin had warned her March 27 that someone was planning to get even with Chaney, but he said he would warn her before anything happened so she could protect herself and her children from harm.
Around 9:50 p.m. April 13, Lloyd Jr. was on the couch in a living room in the front of the house with his 3-year-old and 6-year-old niece and nephew on either side of him, Brittnay said.
Chaney and Brittnay were in the kitchen area, and Chalise, Brittnay’s and Lloyd’s sister, was about to open the front door for her and the children to leave, when the first gunshot was heard, followed by two more, Brittnay said.
Everyone fled to the back of the house as bullets flew.
It was obvious Chaney was seriously injured, but Lloyd Jr. was talking and appeared to be only grazed, she said, but she saw blood in his mouth.
Later it was learned that Lloyd had suffered a pierced lung, she said. He died April 21 in the hospital.
Brittnay McCoy learned later that her 3-year-old son also had suffered a gunshot wound to the shoulder. He has recovered.
Also expected to testify is Marcus Yager, 22, of 26, of Vine Street Northeast, who called himself “Little Montana” [referring to the character from the movie “Scar Face”] on his MySpace page on the Internet.
In Warren Municipal Court, Warren Police Detective Wayne Mackey played a tape-recorded conversation with Yager in which he said he was in the car with Cumberbatch and Henderson the night of the shootings but he stayed flat in the back of the car and did not participate.
Yager said the men believed there wouldn’t be any children in the house and he didn’t know where the AK-47-type assault rifle ended up after it was used in the shootings.
Mackey said he found more than 20 shell casings from a high-powered rifle, a cell phone and sunglasses on the street in front of the house.
Police believe the phone belonged to Henderson.
Yager said Cumberbatch fired a handgun two times at Chaney’s house before throwing it back in the car, saying it had jammed. The dozens of other bullets came from Henderson, Yager said.
Henderson is scheduled for a jury trial Nov. 2 before Judge John M. Stuard on charges that could also land him in prison for life without eligibility for parole.
Yager pleaded guilty to complicity to involuntary manslaughter and obstruction of justice and could get between one and six years in prison.