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Boy, 17, indicted in April shooting death of girl, 15

Danyo R. Sellers faces charges in adult court

YOUNGSTOWN — Danyo R. Sellers, 17, was indicted Thursday on murder, felonious assault and involuntary manslaughter, each with three gun specifications, in the April 15 shooting death of Amya Monserrat, 15, outside of a Southern Boulevard tavern.

Sellers also is indicted on improperly handling firearms in a motor vehicle. Three of the specifications allege Sellers committed a drive-by shooting, which could add five years to Sellers’ sentence if he is convicted.

Sellers, whose address is listed as the Mahoning County Juvenile Justice Center, was bound over to adult court early this month by Judge Theresa Dellick of Mahoning County Juvenile Court.

Judge Dellick found probable cause following a hearing and bound over the murder charge but also three counts of attempted murder. Those charges related to injuries to three other people in the episode. It is not known why the Mahoning County grand jury did not indict Sellers on the same charges. Amya and others were outside of the tavern for a birthday party for a 16-year-old.

Sellers’ co-defendant, Saun Peterson, 21, and Youngstown Police detective Michael Cox testified at the probable cause hearing. Peterson said he was the driver of the dark blue Mercedes Benz that drove around the tavern several times that night and that Sellers was in the front passenger seat. Sellers was 16 at the time.

Peterson said he saw people in the crowd outside of the tavern with guns when he drove past, and that Sellers fired a gun over the top of the Mercedes toward the crowd, which was on the driver’s side of the car.

Peterson pleaded guilty recently in Mahoning County Common Pleas Court to involuntary manslaughter and other charges in the episode. Prosecutors are recommending that Peterson get 10 to 12 1/2 years in prison when he is sentenced later.

Police have said the incident involved two groups of people shooting at each other over a conflict and that Amya was hit by a “stray bullet.”

Youngstown Police detective Michael Cox testified during the probable cause hearing that as he investigated the case, people told him about someone known as Legend Pless, which is another name used by Sellers, who was in the courtroom for the hearing with his mother.

Cox said he acquired surveillance video from nearby St. Dominic Church that showed a dark Mercedes Benz driving around the tavern a couple of times. Cox said it was clear that there were adults in the tavern’s parking lot, and they were “doing the right thing to disperse the party” after people became alarmed by the Mercedes Benz.

The images of the car on video suggested that the driver was “antagonizing” or “taunting” the “fleeing kids” at the party, Cox said. Within 60 to 90 seconds, the Mercedes came back and “flashes” of light were detected on the video because “somebody was shooting a gun,” Cox said.

Surveillance video at a nearby school, Horizon Science Academy, also showed “flashes of light,” Cox said.

Under questioning by Sellers’ attorney, Michal Scala, Cox said the first shot appeared to come from someone at the party, “unless I missed a shot,” but the second shot came at “nearly the same time” from the car.

When Scala asked Cox if it was possible shots came from the back seat of the Mercedes Benz, Cox said yes. When asked whether any of the people at the party admitted to having a gun, Cox said no. When Scala asked whether anyone said Sellers had any conflict with anybody at the party, Cox said no.

CHILD-DEATH INDICTMENT

Also indicted Thursday was Brianna C. Zagotti, 29, of Compass West Drive on felony involuntary manslaughter and felony child endangering in the July 6 or July 7 death of a 1-year-old boy at a home in the Compass West Apartments in Austintown.

The involuntary manslaughter charge is a first degree felony, which is punishable by up to about 10 years in prison if convicted.

Austintown Detective Sgt. Lea Rozzo told The Vindicator that when the child was found deceased with a lack of obvious physical trauma, that was suspicious, so a preliminary sample was taken from the child at the Mahoning County Coroner’s lab, which came up positive for fentanyl.

Zagotti surrendered and appeared before Mahoning County Austintown Court Administrative Judge Scott Hunter on one felony count of child endangerment.

Court records indicate she was arranged on child endangering Oct. 16 and appeared for a preliminary hearing Nov. 8, waiving a preliminary hearing. The case was bound over to a county grand jury. She posted bond and was released from the Mahoning County jail on $10,000 bond Oct. 23.

An Austintown Police report states officers responded July 7 for an unresponsive child. Police brought a medical bag and the opiate reversal drug naloxone into the apartment and found Zagotti and her boyfriend giving the child CPR.

The report states Zagottia and her boyfriend told police there were no drugs in the apartment that might have harmed the child. Zagotti told police her son last was seen in good health about two hours earlier.

The responding officer continued CPR until paramedics arrived. They continued CPR until a physician could be reached. The physician pronounced the child dead at the scene.

Rozzo said no narcotics were found in the apartment.

The child had been dead for a couple of hours before he was discovered, Rozzo said.

erunyan@vindy.com

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