By ED RUNYAN Staff writer YOUNGSTOWN — Mahoning County prosecutors are asking a judge to grant immunity to a witness they say is needed for the Danyo Sellers murder trial in Mahoning County Common Pleas Court. Sellers, now 18, was indicted on murder, felonious assault and involuntary manslaughter in the April 15, 2023, shooting death of 15-year-old Amya Monserrat outside of a Southern Boulevard tavern. Sellers was 16 at the time of the killing, and his case started out in Mahoning County Juvenile Court. Three other people also were injured in the gunfire. Sellers also is indicted on three specifications that allege he committed a drive-by shooting. The motion asks Judge Anthony D’Apolito to allow an alleged witness to the shooting to avoid prosecution through a grant of immunity and to “inform” the witness that “by answering and producing information material to the (Sellers) trial, … he will receive immunity from prosecution,” the Sept. 12 filing states. The witness was subpoenaed by prosecutors to testify in the Sellers trial, but “through his counsel” the witness has “asserted his privilege against self-incrimination,” the filing states. The witness’ testimony “will further the administration of justice because (he), upon information and belief, has evidence and testimony that will assist the State in prosecuting the principal defendant, Danyo Sellers,” the motion states. The grant of immunity would ensure that “the State has a fair opportunity to convince a fact-finder beyond a reasonable doubt of the guilt of the defendant.” The witness’ statements have convinced prosecutors that he was “in the auto in which (Sellers) was riding when the State says that the defendant engaged in a gun battle with others, resulting in the death of Amya Monserrat, age 15,” it states. The alleged witness’ testimony is “pertinent to the State’s burden of proof that other State witnesses lack; or, that corroborates the testimony of other State’s witnesses,” it adds. The filing uses the term “transactional immunity” when describing the legal concept prosecutors are asking D’Apolito to approve. The Find Law website states that transactional immunity “offers protection from criminal charges. But to get this type of immunity, a suspect must agree to testify honestly in someone else’s criminal case. Becoming a witness allows them to avoid criminal penalties.” Sellers’ co-defendant, Saun M. Peterson, now 25, pleaded guilty to involuntary manslaughter, felonious assault, improper handling of firearms in a motor vehicle, obstructing justice with a firearm specification and three-year drive-by specification in November 2023 in exchange for a murder charge being dismissed. Prosecutors were recommending that Peterson get 10 to 12 years in prison for his role in the shooting. Peterson also testified at a hearing in Mahoning County Juvenile Court in December 2023, saying he was the driver of a dark Mercedes-Benz that drove around the Martha’s Boulevard Bar and Grille on Southern Boulevard several times April 15, 2023, to intimidate the people outside the tavern. At the time, a birthday party for a 16-year-old was taking place at the tavern. Peterson also testified that he saw people in the crowd with guns and that Sellers was in his front passenger seat with a gun. Peterson said someone from the crowd fired a gun, and Sellers fired back immediately. Peterson also testified that Sellers fired the gun over the top of the Mercedes-Benz because the people at the party were on the driver’s side of the car at the time. Peterson’s car did not get hit with any gunfire, he said. But in an August 2024, defense filing, Sellers’ attorneys argued that Sellers’ bond should be reduced, in part because “the state’s witness against the defendant has since recanted.” That witness is presumably Peterson. There appears to have been no public mention of there being a third person being in the vehicle with Sellers and Peterson prior to the Sept. 12 motion. 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.” A Youngstown police detective testified in juvenile court that images of the car on video suggested that the driver was “antagonizing” or “taunting” the “fleeing kids” at the party. Within 60 to 90 seconds, the Mercedes came back and “flashes” of light were detected on the video because “somebody was shooting a gun,” city police Detective Michael Cox said. The prosecution filing asks that D’Apolito order the witness to “answer questions … once immunity has been granted.” The filing notes that the witness’ attorney has advised the judge and county prosecutors that he is “refusing to testify based upon the assertion of his privilege and self-incrimination. “Given this fact and given that the grant of immunity would not interfere with, but rather would promote, justice through the truth-seeking function, the Court should grant” the witness transactional immunity and direct him to testify in this case and answer all questions put to him” by prosecutors, the defense and the judge related to this case, the filing states. The filing is signed by county Assistant Prosecutors John Juhasz, Melissa Dinsio and Katherine Jones. There has not yet been a response to the motion by Sellers’ attorneys, and D’Apolito has not yet ruled on the motion. The Sellers case has been set for trial three times since May 19 but was postponed each time, the most recent time Sept. 15, because of “additional witnesses” and other new material. The case now has a jury trial set for Oct. 27. Amya, a freshman at Valley Christian High School on Southern Boulevard, was remembered at a funeral service that nearly filled Stambaugh Auditorium in April 2023. Valley Christian High School Principal Christine Hoelzel said during the service that Amya “loved joking with her teachers. Amya was a leader at a young age. She was a talented cheerleader, using her gifts to uplift and inspire others. “She led her peers by encouraging them to think positively about life. She also hugged her friends and told them she loved them. All of these qualities made her so easy to love, and the Valley Christian community did love Amya,” she said. “How could we honor her? We can hug those we care about, tell others how much they mean to us and meet hatred with love. The greatest gift to Amya would be living our lives with a goal of showing love, kindness and compassion toward others each day.”

YOUNGSTOWN — Mahoning County prosecutors are asking a judge to grant immunity to a witness they say is needed for the Danyo Sellers murder trial in Mahoning County Common Pleas Court.

Sellers, now 18, was indicted on murder, felonious assault and involuntary manslaughter in the April 15, 2023, shooting death of 15-year-old Amya Monserrat outside of a Southern Boulevard tavern. Sellers was 16 at the time of the killing, and his case started out in Mahoning County Juvenile Court.

Three other people also were injured in the gunfire. Sellers also is indicted on three specifications that allege he committed a drive-by shooting.

The motion asks Judge Anthony D’Apolito to allow an alleged witness to the shooting to avoid prosecution through a grant of immunity and to “inform” the witness that “by answering and producing information material to the (Sellers) trial, … he will receive immunity from prosecution,” the Sept. 12 filing states.

The witness was subpoenaed by prosecutors to testify in the Sellers trial, but “through his counsel” the witness has “asserted his privilege against self-incrimination,” the filing states.

The witness’ testimony “will further the administration of justice because (he), upon information and belief, has evidence and testimony that will assist the State in prosecuting the principal defendant, Danyo Sellers,” the motion states.

The grant of immunity would ensure that “the State has a fair opportunity to convince a fact-finder beyond a reasonable doubt of the guilt of the defendant.”

The witness’ statements have convinced prosecutors that he was “in the auto in which (Sellers) was riding when the State says that the defendant engaged in a gun battle with others, resulting in the death of Amya Monserrat, age 15,” it states.

The alleged witness’ testimony is “pertinent to the State’s burden of proof that other State witnesses lack; or, that corroborates the testimony of other State’s witnesses,” it adds.

The filing uses the term “transactional immunity” when describing the legal concept prosecutors are asking D’Apolito to approve. The Find Law website states that transactional immunity “offers protection from criminal charges. But to get this type of immunity, a suspect must agree to testify honestly in someone else’s criminal case. Becoming a witness allows them to avoid criminal penalties.”

Sellers’ co-defendant, Saun M. Peterson, now 25, pleaded guilty to involuntary manslaughter, felonious assault, improper handling of firearms in a motor vehicle, obstructing justice with a firearm specification and three-year drive-by specification in November 2023 in exchange for a murder charge being dismissed.

Prosecutors were recommending that Peterson get 10 to 12 years in prison for his role in the shooting.

Peterson also testified at a hearing in Mahoning County Juvenile Court in December 2023, saying he was the driver of a dark Mercedes-Benz that drove around the Martha’s Boulevard Bar and Grille on Southern Boulevard several times April 15, 2023, to intimidate the people outside the tavern.

At the time, a birthday party for a 16-year-old was taking place at the tavern. Peterson also testified that he saw people in the crowd with guns and that Sellers was in his front passenger seat with a gun. Peterson said someone from the crowd fired a gun, and Sellers fired back immediately.

Peterson also testified that Sellers fired the gun over the top of the Mercedes-Benz because the people at the party were on the driver’s side of the car at the time. Peterson’s car did not get hit with any gunfire, he said.

But in an August 2024, defense filing, Sellers’ attorneys argued that Sellers’ bond should be reduced, in part because “the state’s witness against the defendant has since recanted.” That witness is presumably Peterson. There appears to have been no public mention of there being a third person being in the vehicle with Sellers and Peterson prior to the Sept. 12 motion.

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.”

A Youngstown police detective testified in juvenile court that images of the car on video suggested that the driver was “antagonizing” or “taunting” the “fleeing kids” at the party. Within 60 to 90 seconds, the Mercedes came back and “flashes” of light were detected on the video because “somebody was shooting a gun,” city police Detective Michael Cox said.

The prosecution filing asks that D’Apolito order the witness to “answer questions … once immunity has been granted.”

The filing notes that the witness’ attorney has advised the judge and county prosecutors that he is “refusing to testify based upon the assertion of his privilege and self-incrimination.

“Given this fact and given that the grant of immunity would not interfere with, but rather would promote, justice through the truth-seeking function, the Court should grant” the witness transactional immunity and direct him to testify in this case and answer all questions put to him” by prosecutors, the defense and the judge related to this case, the filing states.

The filing is signed by county Assistant Prosecutors John Juhasz, Melissa Dinsio and Katherine Jones. There has not yet been a response to the motion by Sellers’ attorneys, and D’Apolito has not yet ruled on the motion.

The Sellers case has been set for trial three times since May 19 but was postponed each time, the most recent time Sept. 15, because of “additional witnesses” and other new material. The case now has a jury trial set for Oct. 27.

Amya, a freshman at Valley Christian High School on Southern Boulevard, was remembered at a funeral service that nearly filled Stambaugh Auditorium in April 2023.

Valley Christian High School Principal Christine Hoelzel said during the service that Amya “loved joking with her teachers. Amya was a leader at a young age. She was a talented cheerleader, using her gifts to uplift and inspire others.

“She led her peers by encouraging them to think positively about life. She also hugged her friends and told them she loved them. All of these qualities made her so easy to love, and the Valley Christian community did love Amya,” she said.

“How could we honor her? We can hug those we care about, tell others how much they mean to us and meet hatred with love. The greatest gift to Amya would be living our lives with a goal of showing love, kindness and compassion toward others each day.”