Capital trial to begin in Repchic murder


By Peter H. Milliken

milliken@vindy.com

YOUNGSTOWN

Final preparations are underway for the capital murder trial of Aubrey Toney in the Sept. 25, 2010, shooting death of 74-year-old Thomas Repchic and the wounding of Repchic’s wife, Jacqueline.

On Tuesday, the trial judge, Maureen A. Sweeney, ordered the transfer of Toney’s co-defendant, Kevin Agee, from the Mansfield Correctional Institution to the Ohio State Penitentiary here to make Agee available to testify in Toney’s trial, most likely during the week of Jan. 20.

A three-judge panel of the 7th District Court of Appeals unanimously upheld Agee’s murder conviction, but ordered him to be resentenced by Judge Sweeney, of Mahoning County Common Pleas Court, who initially had sentenced Agee to consecutive terms totaling 39 years to life in prison.

Because the attempted- murder and felonious- assault offenses against Jacqueline Repchic had “no separate animus [disposition],” they must merge for resentencing, and the prosecution must decide which of those charges it wants Agee sentenced on, the appeals panel ruled.

The attempted-murder charge carries three to 10 years in prison. The felonious-assault charge carries two to eight years in prison.

Agee, 28, admitted driving the vehicle from which Toney, 32, allegedly fired on the Repchics’ car, the appeals panel noted.

Police said the Repchics 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, 74, from her job as a St. Dominic Church secretary.

Also, Judge Sweeney excused 141 of 345 potential jurors summoned by mail to a Friday jury orientation, but declined to excuse two others.

The judge excused potential jurors for a variety of reasons, including medical and hardship issues, and nonresidence in the county.

Beginning Monday, prospective jurors will be questioned individually and out of earshot of other potential jurors.

County Assistant Prosecutors Rebecca L. Doherty and Dawn P. Cantalamessa are working the case.

Toney’s lawyers are John B. Juhasz and Paul C. Conn.

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