YOUNGSTOWN — Aubrey F. Toney will still face a potential death sentence when he goes on trial for the Sept. 25, 2010, shooting death of Thomas Repchic, a judge has ruled.
Judge Maureen A. Sweeney of Mahoning County Common Pleas Court today overruled a motion by Toney’s lawyers to dismiss the death-penalty specification against their client. The jury trial for Toney, 32, of West Judson Avenue, who is charged with aggravated murder, attempted murder and two counts of felonious assault with firearm specifications, is to begin July 15.
The defense lawyers, John B. Juhasz and Paul C. Conn, argued that Ohio’s death penalty is racially discriminatory, violates the equal-protection clause of the U.S. Constitution and imposes cruel and unusual punishment.
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