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Suspect in killing near St. Dom’s: Drop my charges



Published: Thu, November 3, 2011 @ 12:09 a.m.

By John W. Goodwin Jr.

jgoodwin@vindy.com

YOUNGSTOWN

A city man facing the death penalty for the 2010 murder of an elderly man and the wounding of his wife is asking a judge to dismiss charges against him because of claimed violation of his rights.

Kevin D. Agee Jr., 25, of West Ravenwood Avenue, has been held in the Mahoning County jail without bond since his arrest in connection with the murder of Thomas Repchic, 74, and the attempted murder of Repchic’s wife, Jacqueline, also 74, who has since had a leg amputated as a result of the shooting.

The Repchics were shot in what police believe was a case of mistaken identity in a feud between two rival gang factions.

Agee could be given the death penalty if found guilty of the charges against him.

Agee stood before Judge Maureen Sweeney of Mahoning County Common Pleas Court on Wednesday reciting sections of Ohio law that he feels will set him free. Agee contends that his rights were violated because he was not given a preliminary hearing before the charges against him were bound over to a county grand jury.

“I am in illegal detention, your honor. The ball is in your court,” he told the judge.

Attorney Rhys Cartwright-Jones, representing Agee, told the court that a preliminary hearing was in order and a right Agee was not afforded. He said the charges against his client, therefore, should be dismissed.

Dawn Cantalamessa, an assistant county prosecutor, argued that Agee is only entitled to a preliminary hearing on the charges if he is not indicted within 15 days of arraignment. She said Agee was indicted within the 15-day period and therefore not entitled to a preliminary hearing or dismissal.

The judge said the matter would be taken under advisement and she will issue a decision at a later date.

Should Judge Sweeney not dismiss charges against Agee, his attorneys would still like to see him freed until his trial date. Cartwright-Jones told the court Agee should be given a bond because there is no clear evidence to his guilt and his client is no flight risk.

“Certainly Mr. Agee is entitled to a bond. I think by the weight of the evidence he is entitled to a very reasonable bond if not a recognizance bond,” he said.

Cantalamessa told the court that prosecutors contend that Agee did confess to being complicit in the Repchic murder. She said police found a list of evidence connecting him to the crime.

“There is plenty of evidence tying Mr. Agee to this crime. ... It was enough for a grand jury to return a death penalty specification,” she said.

Judge Sweeney said the court must weigh the severity of the crime with the fact that Agee does have a prior criminal record. He had been held without bond, but the judge set bond at $5 million.


Comments

1r0n724(60 comments)posted 2 years, 8 months ago

Is this moron for real? The charges should stand and he should remain locked up until that lethal injection is given to him at his execution!

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2UnionForever(1470 comments)posted 2 years, 8 months ago

Another Youngstown Hoodrat looking to walk on a technicality just like Jimmy Hughes' DUI son did yesterday when the police officer who arrested him for DUI failed to appear in court. Youngstown is just plain corrupt on both sides of the criminal justice system ball!!!

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3Charles42705(15 comments)posted 2 years, 8 months ago

This guy is a clown! I'm sure the Judge will do the right thing by Ohio laws.

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4Stan(9923 comments)posted 2 years, 8 months ago

Justice in the city is fleeting . We have plenty of killers walking the streets . Kevin D. Agee Jr. I'm sure is well aware of the fact . He just wants to be included and not excluded .

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5fcb(318 comments)posted 2 years, 8 months ago

People,People,People: We all know what the right thing to do here is. However,are we forgetting that the wonderful judge Sweeny just gave a Youngstown woman a 30 day jail sentence for driving her car,without a license,no insurance,and while talking on a cell phone through a accident scene,around wrecked cars,over a man laying in the street and dragged him over a 100ft!! killing him. Then the woman says in court "I don't know if it was my fault but if it was sorry!! Then judge Sweeny buys the whole song and dance and gives the woman 30 days in jail!!! 30 days!! So I don't blame this piece of garbage for trying to get the murder rap thrown out.With this judge's record she just might do it!! The justice system in this town sucks to no end. The only people who get sentenced to a life of pain are the families of the victims. Judge Sweeny must take a lot of drugs at night because no normal person could go to sleep at night with that on their mind.

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6Lifes2Short(3875 comments)posted 2 years, 8 months ago

This sorry low life POS can't be serious. Instead of being free they should be getting this animals DNA veins ready. Get real.
Oh how I hate "stupid" people.

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7kensgirl(570 comments)posted 2 years, 8 months ago

The thug should have been hung already in the public square. Send a message.

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8FREDSTR(11 comments)posted 2 years, 8 months ago

fcb hit the nail on the head.

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9AnotherAverageCitizen(1174 comments)posted 2 years, 8 months ago

It is the lawyer doing lawyers work. That is his job, defend the accused. Do I agree with it? NO. Absolutly NOT. But that is the justice system we have.

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10JJ(28 comments)posted 2 years, 8 months ago

This has got to be a joke right, so you can get away with killing someone because you got the wrong person...and the attorney in defense feels good about his work!

He should go home to his wife and kids and explain how he upheld justice and got a killer off and is now free walking the streets!

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11AtownAugie(697 comments)posted 2 years, 8 months ago

Makes ya sleep like a baby knowing Paulie's County Prosecuting Office stays on top of cases like this -- making sure all legal deadlines are met, and miscreants are vigorously prosecuted. Yeah, right.

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12mrblue(965 comments)posted 2 years, 8 months ago

You have got to be kidding!! Hey judge------if you let another killer back on the streets, you should be removed from the bench. It has been said many times before that the criminals do not fear the justice system in this area.

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13walter_sobchak(1831 comments)posted 2 years, 8 months ago

This is the problem with our court system. We are not arguing over the defendent's guilt or innocence but over legal maneuvers that waste tax dollars but allows the lawyers to make fees. Lawyers have rigged this system to their own financial gain!

The difference between a dead rabbit and a dead lawyer in the middle of the road is that the rabbit has skid marks in front of it!

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14Not_Gilligans_Ginger(126 comments)posted 2 years, 8 months ago

It sounds as if Mahoning County and Youngstown need to be cleaned out again in respect to the judges, attorneys, and law enforcement like happened more than a decade ago. We need to stop this cycle of corruption or our town and county will continue to be plunged down the sh!tter.

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15woolyd(579 comments)posted 2 years, 8 months ago

I hope the Prosecutor diddnt "drop the ball" on this case like he did a few others. I believe he more than likely did the crime but if they screwed up he will be set free.

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16Bertha218(3 comments)posted 2 years, 8 months ago

fcb..this is for you..did Judge Sweeney, EVER say that the person Moore supposedly killed, was all coked up and had alcohol in his system and no driver's license or insurance.?? were you in court? because she also got 5 yrs. probation and 2,500 hours of community service! PLUS, he was hit by someone else, first. Alll of you sit in judgment, how about go to Court, AND SEE THE REAL THING?

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17Bertha218(3 comments)posted 2 years, 8 months ago

that is all

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18wineywoman(78 comments)posted 2 years, 8 months ago

Thank you Bertha218!!

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19Stan(9923 comments)posted 2 years, 8 months ago

“I am in illegal detention, your honor. The ball is in your court,” he told the judge."

Kevin D. Agee Jr. is itchin to get released and get back in the game . Killing Thomas Repchic and blowing the leg off his wife was not criminal in his mind . He was just practicing his right of expression as was Jamar Houser . Soon Jamar Houser will be wanting out also . . . ..

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20Bertha218(3 comments)posted 2 years, 8 months ago

If he can come up with $5,000,000 dollars, then he should retain his own lawyer and the County won't have to pay $50,000 for him!

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