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Plea in shooting comes as trial set to start



Published: Mon, July 22, 2013 @ 12:24 p.m.

Plea in shooting comes as trial set to start

youngstown

A man who was wounded five times in a shooting in December entered an Alford Plea before Judge Lou D’Apolito of the Mahoning County Court of Common Pleas this morning for the charge of felonious assault plus a firearm specification.

Richard Labooth, 35, of East Avondale Avenue, was set to plead guilty but appeared to change his mind and maintain his innocence, so Judge D’Apolito allowed him to enter an Alford Plea. That is a type of plea where a defendant does not admit to guilt but does admit there are enough facts and evidence that a jury could convict them if the case goes to trial. The plea calls for a five year prison sentence.

Labooth was accused of shooting a man at a 441 Lora Ave. home Dec. 14 where 43 shell casings were found. Assistant Prosecutor Jeff Davis said the shooting happened when the other victim, who has a carrying a concealed weapon permit, went to buy marijuana from Labooth.

Labooth has a nerve generative machine on his leg and the plea calls for Labooth to be held on electronic house arrest until his leg is healed sufficiently to allow him to go to prison.

Jury selection was set to begin in Labooth’s trial this morning. Another defendant also faces charges.


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