facebooktwitterRSS
- Advertisement -
  • Most Commentedmost commented up
  • Most Emailedmost emailed up
  • Popularmost popular up
- Advertisement -
 

« News Home

Defendant still faces possible death sentence, judge rules



Published: Tue, May 14, 2013 @ 12:05 a.m.

photo

Toney

By Peter H. Milliken

milliken@vindy.com

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.

On Monday, Judge Maureen A. Sweeney of Mahoning County Common Pleas Court 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.

In her judgment entry, Judge Sweeney wrote that she agrees with the defense that she “has an obligation to act as a constitutional backstop and make sure that there is no risk of discriminatory imposition of the death penalty.”

She added that defense counsel has a duty “to question any aspect of a death-penalty case in a proper motion to make the court aware of a possible error,” so she has not and will not limit the number or length of defense motions.

The defense lawyers said there are “two separate penalty systems in America, one for those accused of killing blacks, and another for those accused of killing whites.” The defense lawyers also said: “A person who kills a white person, rather than a black or minority, is almost twice as likely to receive the death penalty.”

But Judge Sweeney said the defense has failed “to present any statistical data regarding the percentage of crime committed by the various ethnic races.” For example, if 90 percent of defendants charged with aggravated murder were black, “then it would logically follow that a greater percentage of African Americans would be indicted with a death-penalty specification,” the judge wrote.

Repchic was white, and Toney is black.

The death specification says Toney killed Repchic while trying to kill two or more people.

Repchic, 74, of Trenton Avenue, was the victim of a drive-by shooting at Market Street and Southern Boulevard in the city’s Uptown district.

His wife, Jacqueline, then also 74, suffered a gunshot wound to her leg, which required that it be amputated.

Toney’s co-defendant, Kevin D. Agee Jr., 28, of Garfield Avenue, was convicted by a jury last year of murder, attempted murder, and two counts of felonious assault with firearm specifications. Judge Sweeney sentenced him to 39 years to life in prison.

Police said the shooting was a case of mistaken identity, and that the defendants were looking to shoot two other men who drove a car similar to that of the Repchics.


Comments

1michael1757(294 comments)posted 1 year, 7 months ago

Equal protection? He should say equal destruction,& that means anybody's can be put to death. I've known some whacked out people,but I've never met one who didn't know it's not right to kill..that it's wrong,& not allowed.

Suggest removal:

2redvert(2100 comments)posted 1 year, 7 months ago

But michael, it was a accident, he didn't mean to kill Repchic, he was trying to kill someone else. I am sure that the defense is considering this argument.

Suggest removal:

3redeye1(4711 comments)posted 1 year, 7 months ago

Its been 3 yrs already , Why he is still breathing the same air as every one else.? He should have been long gone by now .

Suggest removal:

4DwightK(1304 comments)posted 1 year, 7 months ago

Looking over the particulars of this case it seems that the easiest way for this individual to not receive the death penalty was for him to not shoot someone.

Suggest removal:

5Lifes2Short(3878 comments)posted 1 year, 7 months ago

""The defense lawyers said there are “two separate penalty systems in America, one for those accused of killing blacks, and another for those accused of killing whites.” The defense lawyers also said: “A person who kills a white person, rather than a black or minority, is almost twice as likely to receive the death penalty.”""

Are these 2 idiots serious? Doesn't matter what color the animal is or the victims, KILLING someone is just wrong.

This useless filthy DNA should get his veins ready, killing a INNOCENT 74 year old man, or he should just do it himself.

Pitiful excuse of DNA.

Suggest removal:


News
Opinion
Entertainment
Sports
Marketplace
Classifieds
Records
Discussions
Community
Help
Forms
Neighbors

HomeTerms of UsePrivacy StatementAdvertiseStaff DirectoryHelp
© 2014 Vindy.com. All rights reserved. A service of The Vindicator.
107 Vindicator Square. Youngstown, OH 44503

Phone Main: 330.747.1471 • Interactive Advertising: 330.740.2955 • Classified Advertising: 330.746.6565
Sponsored Links: Vindy Wheels | Vindy Jobs | Vindy Homes