Wednesday, November 3, 2010
Aubrey Toney is arrained by Judge R. Scott Krichbaum at the Mahoning County Courthouse on Tuesday morning.
By John W. Goodwin Jr.
A 29-year-old city man accused in the shooting death and assault of an elderly couple on the city’s South Side will be jailed without bond pending trial.
After several weeks of running from law-enforcement officials, Aubrey Toney appeared Tuesday morning before Judge R. Scott Krichbaum of Mahoning County Common Pleas Court wearing the orange jail jumpsuit and shackles.
A county grand jury has indicted him on aggravated murder, attempted murder and two counts of felonious assault. He faces the death penalty if convicted of those charges.
Toney, represented by defense lawyers Paul Conn and John B. Juhasz, pleaded not guilty to all charges. Judge Krichbaum ordered Toney jailed without bond at least until the judge handling the upcoming trial has reviewed the case. Toney’s case has been assigned to Judge Maureen A. Sweeney.
Toney was arrested for his reported role in the shooting death of Thomas Repchic, 74, and wounding of Repchic’s wife, Jacqueline, 74. Police believe he is the triggerman in the Sept. 25 fatal shooting. The Repchics were shot when Thomas Repchic was driving on Southern Boulevard near Philadelphia Avenue on the city’s South Side.
Police believe the shooting was a case of mistaken identity in a feud between two rival factions. Police say Toney and a co-defendant, Kevin Agee, 25, of Youngstown, saw the older-model burgundy Cadillac Thomas Repchic was driving and believed the car was that of the person with whom they had been feuding.
Toney had been on the run for weeks after the shooting, making his way to a suburb of Atlanta. But he gave himself up peacefully to members of the U.S. Marshals Service in a hotel room in Suwannee, Ga., in late October.
Agee was arrested shortly after the shooting of the Repchics. He initially was given a $3 million bond, but that bond was revoked in early October when Agee appeared for his arraignment.
Toney and Agee are due in Judge Sweeney’s court next Tuesday for a pretrial hearing, and a trial date has been set for Dec. 13.
Toney and Agee will be kept in the county jail until they appear for trial, but the men will have no contact with each other.
A judgment from Judge Sweeney on Monday orders the sheriff’s department to house the men separately in the jail and transport them to court hearings separately as well.
Toney told the court he has hired an attorney out of Columbus to handle his case. Judge Krichbaum said if the attorney does not file the necessary paperwork with the court by the end of the week, Conn and Juhasz will be appointed to handle to the case. Agee is represented by attorneys James Gentile and Rhys Cartwright-Jones.