By joe gorman
The mother of the co-defendant in a mistaken-identity shooting case said Thursday her son will not testify for prosecutors as once thought.
Also, prosecutors asked a judge either to postpone the trial or approve travel to Georgia to take deposition of a crucial witness.
The motions were filed in the Mahoning County Common Pleas courtroom of Judge Maureen Sweeney, who will hear the case against Aubrey Toney, 32, who is accused of killing an elderly man and wounding his wife in a case of mistaken identity.
Judge Sweeney will have a hearing on the motions at 9 a.m. today.
Stephanie Agee, the mother of Kevin Agee, 28, who already was tried and convicted for his role as the driver in the crime, said her son told her he will not testify after she spoke with him by phone earlier Thursday.
“He’s not going to testify,” Stephanie Agee said.
Assistant Prosecutor Dawn Cantalamessa said she had no comment on whether Kevin Agee would testify.
Stephanie Agee said her son has nothing to gain by testifying because his life already is ruined. She said he barely knew Toney anyway, and she maintained her son is innocent of any involvement in the shooting.
Jury selection in Toney’s trial is set to begin with orientation today and individual selection Monday. He could face the death penalty if convicted of the murder of 74-year-old Thomas Repchic on Sept. 25, 2010, and the wounding of his wife, Jacqueline, 74.
Thomas Repchic had picked up his wife at St. Dominic Church, where she worked as a secretary, and was driving on Southern Boulevard near East Philadelphia Avenue when several shots were fired at their car from an assault rifle. Jacqueline Repchic’s wounds were so severe that a foot had to be amputated.
Police say it was a case of mistaken identity that led to the Repchics’ car being shot. They said Toney was looking for a man he was having a feud with who drove a car similar to the Repchics’, and he fired at the Repchics’ car because he thought that car belonged to his rival.
Agee was convicted for his part in the murders in May 2012 and was sentenced to nearly 40 years in prison. In December, the 7th District Court of Appeals, however, found that he was sentenced improperly and he will be resentenced at a later date. He has been ordered back to Mahoning County for his resentencing, which will be Tuesday, his mother said.
Prosecutors said they need the testimony of a key witness who lives in a southern state for their case. She was listed as the owner of the Dodge Durango SUV police say was used in the shooting, but she had no role in the shooting.
The woman is 81/2 months pregnant, and the pregnancy is high risk. She is not allowed to travel until about eight weeks after the baby is born, court papers said.
They suggested a date of Jan. 24 to take her deposition in the southern state if Judge Sweeney denies their motion to postpone.
Court papers said without her testimony, prosecutors may not be able to “establish the identity and location of the defendant at the time of the crime.”