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9 to face their fate in ’11 capital cases
TweetYOUNGSTOWN
Nine men are facing the death penalty in five aggravated murder cases as 2011 begins in Mahoning County Common Pleas Court.
That’s the largest number of capital case defendants simultaneously awaiting trial here that Atty. Thomas E. Zena, lead counsel in three of the pending capital cases, can recall in his 34 years of law practice.
It’s also the largest number Sheriff Randall Wellington can recall in his 53 years in Mahoning Valley law enforcement.
“Usually, we present the death specification in the most horrendous of cases, where we have good evidence,” said Dawn Cantalamessa, chief trial lawyer in the county prosecutor’s criminal division, who is assigned to all five pending cases.
“We believe, at this stage of the proceedings, that we can prove beyond a reasonable doubt that the aggravating circumstances outweigh the mitigating factors, and that’s the law,” said her boss, county Prosecutor Paul J. Gains.
“As long as we have the death penalty statute on the books, we’re going to enforce it,” Gains added.
The oldest of the pending cases dates back to the Aug. 11, 2009, deaths of Jaron L. Roland, 20, of Fairmont Avenue, and Darry B. Woods-Burt Jr., 19, of the city’s North Side.
The suffocation victims, described by family members as inseparable cousins, were found inside a burning car on West Avenue near the Mahoning River, both bound with duct tape and with bags over their heads.
Facing the death penalty in that double murder are Lorenza I. Barnette, 28, of Lora Avenue; Joseph Moreland, 28, of county jail; and Kenneth Moncrief, 26, of Fairgreen Avenue. They’re charged with aggravated murder, aggravated robbery, kidnapping and arson.
In another capital case, Shawn E. Davis, 25, of Compass West, Austintown, is charged in the death of 23-month-old Makenzie McBride. The toddler died of blunt-force trauma April 6 after suffering a skull fracture and severe bruising on her face.
That case is first on the death-penalty docket in 2011, with the jury trial scheduled to begin before Judge Maureen A. Sweeney on Jan. 10.
The baby’s mother, Shannon McBride, 22, of North Navarre Avenue, who is Davis’ former girlfriend, was initially charged with aggravated murder with a death-penalty specification.
However, she pleaded guilty in June to obstructing justice and permitting child abuse and agreed to testify truthfully against Davis.
McBride is free on her own recognizance pending her sentencing and may not leave Mahoning County without Judge Sweeney’s permission. The prosecution is recommending that she be sentenced to prison for eight years.
In another case, Robert S. Brooks, 25, of Castalia Avenue, Youngstown, and Grant P. Cooper, 21, of Sulgrave Drive, Brookfield, are facing the death penalty in the Sept. 20 murder of Vivian Martin, 67, a real estate broker, who was killed in an East Side house.
Martin’s badly burned body was found inside a Nelson Avenue house that had been set afire.
Brooks and Cooper, who had no prior criminal records, face aggravated murder, aggravated robbery, aggravated arson and kidnapping charges in Martin’s death.
“They both confessed, so we’re pretty much ready to go,” to trial, Cantalamessa said of the Brooks and Cooper cases.
The only significant remaining issue in their cases is the appointment of defense experts, who will assist in the defense lawyers’ effort to convince the jury and judge to spare their clients from the death penalty, she said.
Zena, who is Cooper’s lead lawyer, declined to comment on Cantalamessa’s observation.
Also facing the death penalty are suspects in the murders of two parishioners at St. Dominic Church on the city’s South Side.
Jamar Houser, 19, of Volney Road, is charged with aggravated murder, aggravated robbery and illegal gun possession in the Jan. 23 shooting death of Angeline Fimognari, 80, of Sheridan Road, in the church parking lot after she had attended Mass.
Charged in the Sept. 25 drive-by shooting death of another St. Dominic parishioner, Thomas Repchic, 74, of Trenton Avenue, were Aubrey F. Toney, 29, of Youngstown, who was the suspected triggerman, and Kevin D. Agee Jr., 25, of West Ravenwood Avenue, who prosecutors claim drove the SUV from which Toney fired.
Agee and Toney are charged with aggravated murder with death- penalty specifications in Repchic’s death and attempted murder and felonious assault in the wounding of Repchic’s wife, Jacqueline, 74, a passenger in the car Repchic was driving when he was shot.
The shooting occurred at Southern Boulevard and Philadelphia Avenue just after the Repchics had left the church.
Police believe the shooting was a case of mistaken identity in a feud between rival factions, and they said the car Repchic was driving a car that was similar to that of someone with whom Toney and Agee had been feuding.
Youngstown police arrested Agee three days after the shooting, but Toney was apprehended near Atlanta four weeks after the murder.
Comments
Put them all down!
The should bring back "Old Sparky" - death by needle is too humane! These killers should feel like the people they killed when they die.
These folks are lightweights compared to what's coming our way soon. We tend to think that the inhumane acts along the Mexican border are far removed from us but the near future will show us differently. Our oversized government can help people all over the world but cannot and will not protect its own citizens. Why do you suppose that is the case?
Bad behavior is very rewarding for The Valley . These fellows are responsible for generating a lot of money which the legal profession has available to spend .They truly are a valuable asset ! THE CULTURE ROCKS !
REMOVE THE STIGMA !
http://rlv.zcache.com/legalize_crime_...
Too bad none of the men involved had big tits or Hillbilly Teddie would have pardoned them too.
Get the veins ready!
Really? This is the picture we want to see on the 2nd day of this new year? How about something positive, geesh. Things like this may seem worth reporting on to some, but we have only to read the daily police blotter to find out such nuggets of info. Save the front page for positive notes....
Let's hope they ALL fry, that's a positive step in the right direction for this town. Past time for these lowlifes to have us law abiding citizens live in fear. Time for them to fear us!
I would be willing to wager that the collective IQ of all 9 is less than 300 pts. Why do we allow criminal morons to have weapons?
I am more in favor of the '''bull pen''' for these bad boys.
And God said thou shall not kill ?????
What part of that do we not understand???
These runaways from morality are now having the time of their lives . They are celebrities back in the hood . Family members are just about themselves puting their faith in appointed attorneys that promises the magic key to set them free . We will soon be told about their angelic side that even they didn't know they had . I can't foresee a one of them getting a death sentence from a jury here in The Valley . The big question is how long will their jail terms be and how many will get another chance to pursue their careers once again .
And God said thou shall not kill ?????
What part of that do we not understand???
Eye for an eye, what part don't you understand?
Eye for an eye That is in the old testament not the new testament that we Americans are supposed follow ?? What part of that do you not understand ?? Or do you just picking out what you would like to believe.
Lets pick out what we belive so we can kill . What a bunch of BS hippocrates you are
What part don't you UNDERSTAND?
“Whoso sheddeth man's blood, by man shall his blood be shed: for in the image of God made he man” (Genesis 9:6)
If a human or an animal killed a human, the killer was to be put to death (Genesis 9:5)
“Do not think that I have come to abolish the Law or the Prophets; I have not come to abolish them but to fulfill them (Matthew 5:17)
1 Let everyone be subject to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. 2 Consequently, whoever rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves. 3 For rulers hold no terror for those who do right, but for those who do wrong. Do you want to be free from fear of the one in authority? Then do what is right and you will be commended. 4 For the one in authority is God’s servant for your good. But if you do wrong, be afraid, for rulers do not bear the sword for no reason. They are God’s servants, agents of wrath to bring punishment on the wrongdoer. 5 Therefore, it is necessary to submit to the authorities, not only because of possible punishment but also as a matter of conscience. (Romans 13:1-5)
OK we should kill them all , BS what a bunch of Hippocrates you are. . We can prove that slavery is OK in the bible BS BS BS
We will overfeed them in prison and they will die of coronary artery disease in prison at a ripe old age . Those destined to live will be released and given another chance to re-establish their careers .
If it were thugs killing thugs I would gladly supply the bullets, but when people are leaving church or working to support their family (not sitting around waiting on a check) they shouldn't be killed! Geez! Why don't you go to the hood and preach thy shalt not kill, see were that gets ya.Good luck with that.
freeatlast
"We can prove that slavery is OK in the bible BS BS BS"
Is this article about slavery? Maybe you should comprehend what your read sometimes.
Usually, we present the death specification in the most horrendous of cases, where we have good evidence,” said Dawn Cantalamessa, chief trial lawyer.
Isn't all murder horrendous or does going to church make it different.
Yea, these non-humans deserve to live.
http://www.corsinet.com/trivia/horrif...
@Freeatlast
What part of "Separation of Church and State" dont you understand.
We don't make laws based on the Bible, the Quaran or the Tora. We make them based on our collective notion of right and wrong as US citizens.
I appreciate the fact that you want to frame everything in the scope of Christianity, but not all of us are Bible belting Christians. It has no place in discussions about US Laws.
Let's get rid of this scum and save the taxpayers some money