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Defendants ask for mitigation expert

Three face death penalty-level charges in Warren arson death

Staff photos / Chris McBride Patricia Zarlingo, center, with her defense attorneys, Thomas Zena, left, and Anthony Meranto, right, during a pretrial hearing Wednesday in Trumbull County Common Pleas Court. Zarlingo of Youngstown is one of three people accused in the January arson death of Chassidy Broadstone, who was a junior at Warren G. Harding High School.

WARREN — Three people facing death penalty-level criminal charges, including two accused in the arson death of a Warren G. Harding High School student, have asked the court to allow them to have a mitigation specialist.

A mitigation expert is sought by a criminal defense team to help gather background information about the defendant that could be used to convince a jury not to impose the death penalty.

Attorneys for Patricia Zarlingo, 27, and Brendan Daviduk, 28, asked for the specialist ahead of their next pretrial hearing June 14 before Trumbull County Common Pleas Judge Sean O’Brien.

That request and other motions made by the defense will be discussed at the hearing. If a specialist is approved, those services would be paid for by the court.

Also, the defense for Dominic M. Harvey, 23, who is accused in the July 2022 fatal shooting outside a popular Warren restaurant, requested the same.

Zarlingo, Daviduk and Zackary Gurd, 23, also of Youngstown, face two counts of aggravated murder with death penalty specifications, two counts of attempted aggravated murder, first-degree aggravated arson, second-degree aggravated arson, aggravated burglary and tampering with evidence. The aggravated murder specifications state that a felony was committed in the act of the murder.

They are accused of starting the Jan. 19 house fire on Nevada Avenue NW that killed 16-year-old Chassidy Broadstone, a Warren G. Harding High School junior, and hospitalized her two sisters.

Judge Cynthia Rice is hearing the case against Gurd.

OTHER CAPITAL CASE

Harvey’s request to hire a mitigation specialist ahead of his pretrial hearing June 21 was granted Wednesday by Rice. A jury trial is scheduled to start Aug. 21.

He is charged in connection to the shooting death of Jauton Lee Jr., 23, in front of a West Market Street fast food restaurant. Harvey is being held in the Trumbull County Jail without bond.

Harvey faces charges of aggravated murder, attempted aggravated murder, tampering with evidence and receiving stolen property. The murder charges carry aggravating circumstances, meaning if Harvey is found guilty, these would make him eligible for the death penalty.

Another victim of the shooting, 24-year-old Mitchell Powell, was wounded as they were in a vehicle that was struck by bullets near the restaurant. Through the help of video cameras and eyewitness accounts, Warren police detectives pieced together the crime and charged Harvey, who was arrested the day after the shooting.

cmcbride@tribtoday.com

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