A three-judge panel of the 7th District Court of Appeals has unanimously upheld the conviction of Kevin Agee in the Sept. 25, 2010, murder of Thomas Repchic and the wounding of Repchic’s wife, Jacqueline.
The panel, however, ordered the trial judge, Maureen A. Sweeney of Mahoning County Common Pleas Court, to re-sentence Agee.
Because the attempted murder and felonious assault offenses committed against Jacqueline Repchic had “no separate animus [disposition],” they must merge for sentencing purposes, and the prosecution must decide which charge they want Agee sentenced on at the re-sentencing, the appeals court ruled.
After a jury convicted Agee, Judge Sweeney imposed consecutive sentences on him for each crime and the gun specifications, which totaled 39 years to life in prison.
In their decision earlier this month, the appeals judges rejected Agee’s claim his conviction was “contrary to the manifest weight of the evidence.”
There is no evidence the jury “lost its way and created a manifest miscarriage of justice by finding the appellant [Agee] complicit in the shooting,” the panel ruled.
Agee, 28, admitted driving the vehicle from which co-defendant Aubrey Toney, 32, reportedly fired on the Repchics’ car, the appeals panel noted.
Police said the Repchics, both 74, were shot in a case of mistaken identity because they occupied a car similar to one driven by people with whom Toney had been feuding.
The Repchics were shot at Southern Boulevard and Philadelphia Avenue after Thomas Repchic picked up his wife from her job as a St. Dominic Church secretary.
Toney’s trial is scheduled to begin Jan. 13 before Judge Sweeney. He faces the death penalty if convicted.