Brian Donlow Jr. looks into a law book during a break in his aggravated murder trial. In the background is attorney J.P. Laczko, standby attorney appointed for Donlow, who is representing himself. Laczko is there to take over Donlow’s defense if Donlow requests it. Staff photo / Ed Runyan

YOUNGSTOWN — In an aggravated murder trial full of unusual circumstances, another unusual thing happened Tuesday after prosecutors and defendant Brian Donlow Jr. gave opening statements and heard from a couple of witnesses.

Donlow, 26, is serving as his own lawyer even though he has no experience. He also decided to have Judge Anthony D’Apolito of Mahoning County Common Pleas Court decide his case without a jury, which is unusual. Donlow has a standby attorney ready to step in and take over if Donlow decides he needs that.

Donlow also is unusual in that he already was sentenced to 21 years to life a year ago — by D’Apolito — for a different Youngstown murder.

Tuesday was opening day for this trial. The third witness, Carlos Davis, took the stand but refused to testify, and Donlow could not help but show a wide grin. Davis, 24, of Warren is one of two victims in the case.

The first victim was Christopher Jackson, 21, of Warren, who was shot to death Nov. 18, 2018, in a car found in a yard at Bennington and Stewart avenues on the East Side.

Davis was in the car when Jackson was killed. Jackson’s assailants also shot Davis, but Davis fled on foot and got away. Donlow and two other co-defendants are charged with aggravated murder in Jackson’s death and attempted murder in the shooting of Davis.

STAYED SILENT

It was unusual when Davis refused to answer more than a few questions and then invoked his Fifth Amendment right not to answer questions.

Assistant Prosecutor Dawn Cantalamessa first asked Davis his name, and he provided it. But when Cantalamessa asked his age, Davis said: “I plead the Fifth.”

This resulted in a delay in the trial, during which attorney Ron Yarwood agreed to come to the court to speak with Davis and advise him on the consequences of what he was doing.

Yarwood then reported back to the judge that Davis was refusing to answer any more questions from prosecutors, the judge or Donlow.

After the judge verified that with Davis, D’Apolito said he found that Davis had no valid reason for thinking the questions he was going to be asked would incriminate him and found Davis in contempt of court — which carries a penalty of 30 days in the Mahoning County jail.

But Davis already is serving a prison sentence with about two years left out of Trumbull County, the judge noted. He said jail may not mean as much to someone in prison as it might to someone who isn’t locked up.

A NIGHT OUT

In opening statements, Assistant Prosecutor Mike Yacovone said Jackson and Davis went to Youngstown “to have a night out, go to a bar, have some drinks.” Jackson was in the passenger seat and asked Davis to pick up an acquaintance.

“When they go to pick up this acquaintance, three men exit that house and get in the car, and they all sit in the back seat,” Yacovone said. The men started shooting, and Davis fled on foot and made it to the porch of a neighbor’s house, who called 911.

“You’re going to hear evidence of DNA. You’re going to hear evidence of firearms. You’re going to hear evidence of electronic records pulled from Facebook by the Youngstown Police Department,” Yacovone said.

“But most importantly, Your Honor, you’re going to hear the testimony of the surviving victim, Carlos Davis, and he identified all three men,” Yacovone said. In addition to Donlow, the defendants are Stephon Hopkins and Lorice Moore, who have a separate trial date in August.

Next it was Donlow’s turn to give an opening statement.

“Your Honor, we all heard what Yacovone intends to find me guilty of … He was very articulate with his words. But I have to disagree with Yacovone, Your Honor, because there will be no evidence shown to show that I was ever involved or present at the scene.

“There will be no DNA; there will be no weapon found. In fact, you will have Carlos Davis on video saying I didn’t look like no type of familiar, Your Honor.”

OTHER WITNESSES

The first witness was Christopher Jackson Sr., 56, father of the slain man. He said his son grew up in Cleveland and Warren and was locked up in a few juvenile facilities. He became emotional when Yacovone handed him a photo of his son.

Richard Kennedy, a supervisor at the Youngstown 911 center, testified about two 911 calls that came the night of Jackson’s death.

A woman made the first call, saying she heard shots, then saw a car with the engine running in a yard nearby. The caller said two people ran from the area.

Donlow cross-examined Kennedy on the content of the woman’s 911 call.

“On the first call, do you recall how many people she said she observed leaving the scene?” Donlow asked.

“I think she said two,” Kennedy said.

“No more than two? She never said she observed anyone else?”

“I don’t think so,” Kennedy said.

“No further questions, Your Honor.”

The trial resumes this morning.

erunyan@vindy.com