20-year-old indicted on capital charges

Death penalty case for fatal shooting near Hot Dog Shoppe

WARREN -- A 20-year-old Warren man was indicted by a Trumbull County grand jury Wednesday on capital offenses connected to a deadly shooting July 21 along West Market Street.

Dominic Harvey of Hillsdale Drive NW is expected to be arraigned at 9 a.m. today before visiting Judge Gary Yost, who is filling in for the retiring Common Pleas Judge Peter J. Kontos.

Harvey is charged with aggravated murder with a specification of aggravating circumstances and firearm specifications, attempted aggravated murder with firearm specifications, tampering with evidence and receiving stolen property.

The aggravating circumstances, according to assistant Prosecutor Christopher Becker, involve Harvey being accused of a course of conduct that resulted in the death, or attempt to kill two or more people; and these circumstances allow for the death-penalty level charge.

The firearm specifications involve alleged drive-by shootings with a gun involved, each carrying mandatory five-year and three-year prison sentences added to any other sentence if Harvey is found guilty.

The defendant is charged in the July 21 fatal shooting of 23-year-old Jauton Lee Jr. and wounding of 24-year-old Mitchell Powell near the Hot Dog Shoppe. The grand jury action wiped out any action against Harvey taken in Warren Municipal Court, where a preliminary hearing scheduled today has been canceled.

Harvey is being held in Trumbull County jail without bond.

Two people in a sport utility vehicle about 6 p.m. were shot while driving east on West Market Street when someone in a passing vehicle fired at them. The SUV pulled into the parking lot of the Hot Dog Shoppe and the wounded were taken to Trumbull Regional Medical Center where Lee died, the report states. Mitchell Powell, 24, remains hospitalized in serious condition.

The popular restaurant closed its doors after police blocked off West Market Street from Highland Avenue to Tod Avenue during the investigation.

Harvey was arrested just after midnight Friday. Detectives Robert Massucci and John Greaver thanked the public for cooperation and credited the security cameras in the area for the quick arrest of the suspect.

Detectives at a news conference last Friday would not discuss any reason for the shootings.