Jury returns 1 guilty verdict
Did not reach result on assault charge
WARREN — A deadlocked Trumbull County jury could return only a conviction on one felony charge on Wednesday in the trial of a Liberty man accused of shooting his neighbor at a Hadley Avenue apartment complex last summer.
The jury foreman told Common Pleas Judge Ronald J. Rice jurors had reached a verdict on only one charge — discharging a firearm into a habitation — but could not come to a unanimous decision on the felonious assault charge against Daryl L. Casey, 27.
Jurors began deliberating late Tuesday afternoon and were sent home after 90 minutes. They returned Wednesday morning and discussed the case for two more hours before the verdicts were read. The foreman told the judge she didn’t think more time deliberating would break the deadlock on the felonious assault.
Casey was convicted on the felony charge of discharging a firearm into a habitation and the accompanying firearm specification, which calls for a mandatory prison term.
Rice, who revoked the defendant’s bond, will sentence Casey after he undergoes a background investigation by the adult probation department. The 5-foot-4, 90-pound defendant showed little emotion as he was handcuffed and led out of the courtroom by sheriff’s deputies. A group of Casey’s relatives were in the courtroom, and one woman cried uncontrollably after the verdicts were read.
Assistant Prosecutor Michael Burnett said he couldn’t comment on the case because the felonious assault count is still pending.
“I will discuss the matter with (Prosecutor) Dennis Watkins, and we will be making a determination if we will seek a retrial on that charge,” Burnett said.
Defense attorney Walter Madison of Akron did not comment after the verdict and did not respond to an email later Wednesday seeking comment.
Jurors were given instruction by Rice to consider self-defense as an option late Tuesday, after two days of testimony.
Casey is accused of shooting his neighbor Kavin Moore outside a Hadley Avenue apartment complex during the early morning hours of July 6, 2020.
Moore, who testified for the prosecution, was shot four times in the leg and still walks with a noticeable limp.
Testifying in his own defense, Casey on Tuesday admitted to lying to a Liberty Township police department detective some 18 hours after the shooting. In that interview, he said Moore was threatening him with a knife. During his testimony, Casey told jurors he was scared and nervous and made up the lie. He also testified Moore often picked on him because of his small stature, and he “made him feel less than a man.”
At the time of the shooting, Moore and Casey lived in the neighboring apartments on the second floor of the Hadley Avenue complex. Casey testified he was coming home about 1 a.m. with food for his live-in girlfriend when he heard Moore yelling and screaming and banging on the walls. Casey said he confronted Moore about the noise.
Moore earlier testified that Casey came into his apartment unannounced. Later, the two confronted again outside, with each giving jurors different versions of how they got to the main doorway of the complex, where Moore was shot.
Detective Rob Altier testified that forensic evidence showed Casey had to be about 25 feet away — standing in the parking lot — when he fired a .40 caliber Taurus pistol. Bullet holes and projectiles were found inside the first-floor of the apartment complex, while shell casings were found outside near the parking lot, trial evidence showed.