Repchic case likely will go to jury today
By John W. Goodwin Jr.
The capital murder case of a 26-year-old Youngstown man accused of gunning down an elderly couple in a mistaken-identity shooting likely will go to the jury today.
For the past two weeks, Kevin Agee has been on trial before a jury of seven men and five women, plus four alternates, in the courtroom of Judge Maureen A. Sweeney of Mahoning County Common Pleas Court.
He is charged in the September 2010 shooting death of Thomas Repchic, 74, and the wounding of his wife, Jacqueline, on the city’s South Side. Mrs. Repchic, 75, lost her leg as a result of the shooting.
Prosecutors closed their case Monday with a presentation of Agee’s videotaped police interrogation.
Defense lawyers Rhys Cartwright-Jones and James Gentile, representing Agee, will present their case to the jury today. They are expected to have one witness discuss and detail ballistics evidence.
Agee, of West Ravenwood Avenue, has been in the county jail since his arrest for his role in the case.
The Repchics were shot in what police believe was a case of mistaken identity in a feud between two rival gang factions.
Aubrey Toney, 30, of Youngstown is a co-defendant in the case, but because both men face the death penalty if convicted, they have separate trials.
Defense attorneys have maintained that Agee was merely a witness to the shooting committed by Toney.
They claim Agee and Toney were planning to buy marijuana and watch a football game the day of the shooting, and Agee had no knowledge of Toney’s plans to shoot the two men with whom Toney had been feuding.
Jurors have heard testimony from a list of witnesses over the past week, including Mrs. Repchic, who was wheeled into the courtroom by her grandson.
She said she remembered hearing the sound of bullets hitting the car and telling her husband someone was shooting at them.
She said she tried to get out of the car and seek help after it stopped rolling, but she fell to the ground and realized her right leg had been virtually shot off.
Prosecutors and defense attorneys are each expected to take an hour giving closing statements to jurors today. After the summations, Judge Sweeney will give the jury instructions of the law they are to apply in the case, and jurors will begin their deliberations.