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Jury rejects three felonious assault charges against Laviena

Man ruled guilty of lesser offenses

YOUNGSTOWN — A jury found Juan Laviena, 71, not guilty of the three most serious charges he faced Friday — three counts of felonious assault and gun specifications in a case accusing him of shooting a man in 2020.

The jury in Mahoning County Common Pleas Court found Laviena, of Youngstown, guilty of three lesser charges — felony failure to comply with the orders of a police officer and misdemeanor aggravated menacing and violating a protection order. He will be sentenced at a later date.

The charges stem from incidents in May and June 2020.

On May 16, 2020, a man reported he was leaving his father’s home and getting into his vehicle when he heard two shots ring out on Bennington Avenue on the East Side.

The man fell to the ground and realized he was shot in the upper leg, he testified during the trial before Judge Anthony Donofrio. The man, treated at St. Elizabeth Youngstown Hospital, reported seeing Laviena run from the scene. Laviena was found not guilty of the felonious assault charge tied to the injury.

The same man accused Laviena of shooting a gun at the car he was in with a woman on June 2, 2020, on East Philadelphia Avenue.

Prosecutors said Laviena and the woman had been in a relationship prior to the incidents.

The man testified that he saw a police officer along South Avenue and ran to him to report the gunfire. Police chased the vehicle, being driven by Laviena.

Laviena ran on foot while holding something in his hand, police said. They tackled him and took him into custody on Willis Avenue, but they were not able to locate whatever was in his hand, a police report stated.

Defense attorney Nick Cerni said he believes the jury “got it right” when it found his client not guilty of the felonious assaults. Cerni said some of the testimony didn’t make sense.

The jury did find Laviena guilty of the aggravated menacing of the woman on May 13, violating the woman’s protection order and failure to comply with the order of a police officer because of the chase.

After the verdicts were read, deputies put handcuffs on Laviena, and he was transported back to the Mahoning County jail, where he has been held since his arrest June 2, 2020.

No sentencing date has been announced, but Laviena could face three years in prison.

An interpreter provided Laviena, who speaks Spanish, with translation services during the trial through a microphone and headset. The interpreter also translated the speech of a Spanish-speaking witness into English.

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