YOUNGSTOWN — A Youngstown man will spend at least the next 10 years in prison as part of a plea agreement for his role in a 2022 homicide.

It was unclear Tuesday morning if Mahoning County Common Pleas Court Judge Anthony D’Apolito would accept the deal prosecutors struck with Zachary Bair, 35, in exchange for his testimony against his co-defendant, Akeem Hargrove.

Hargrove, 32, was convicted in August of the Dec. 22, 2022, shooting death of Devin Bell at the Shell gas station on South Avenue. In September, D’Apolito sentenced him to life in prison without the possibility of parole.

Bair testified against Hargrove in that trial. In exchange for his testimony, the charge of aggravated murder was amended to involuntary manslaughter, for which he was sentenced to seven years in prison with a three-year gun specification that he will have to serve before his sentence on the felony begins.

Per Ohio”s Reagan Tokes law, half of the mandatory sentence also can be held in reserve to extend the sentence should the defendant misbehave during his sentence. D’Apolto said the first thing he did after Hargrove’s trial was inquire about the agreement with Bair.

“Quite frankly, I didn’t like it and I felt that if I had signed off on it, I would be stuck with it, and I don’t like to do that unless I have a good reason to,” he said.

During Hargrove’s sentencing hearing, D’Apolito said he was unsure about the deal, given the “cold-blooded” nature of the case. He noted that the trial revealed Bell’s murder was planned.

“The defendant and his accomplice were not dressed in black for no reason,” D’Apolito said.

“They didn’t just happen to have two guns on them with a knife as well, with masks covering their faces. This was planned. They hunted and they caught and they killed. It doesn’t get much colder than that.”

But D’Apolito said he also sees the value of the agreement after the completion of the Hargrove case. He said that case highlighted the potential challenges the state could face in prosecuting Bair.

“Now that I’ve gone through the trial, I understand it better,” he said. “But when the case was over, I did go back and talk to the jurors, and they said quite clearly that they would not have convicted Mr. Hargrove had it not been for Mr Bair. He allowed this family to get finality and have both people in their loved one’s murder held accountable. I think it shows the importance of the role of Mr. Bair in prosecuting Mr. Hargrove’s case.”

D’Apolito also said it was important to honor the deal because of his and the court’s rapport with attorneys in the future. He said that while it is sometimes distasteful, the court often has to make deals with one defendant to prosecute the one who is most responsible for a crime, and it is critical to the judicial process that lawyers on both sides of the aisle know the judge will stand by his word to honor those deals.

Even in supporting the agreement, prosecutor Chris DeLisio made his side’s feelings clear:

“We have made no secret as to our personal distaste for that proffer, however, Mr. Bair complied with both the terms and spirit of the agreement,” he said.

DeLisio works in the Summit County Prosecutor’s Office. He and co-counsel Brad Gessner filled in to avoid any conflict of interest with Mahoning County Prosecutor Lynn Maro, who represented Hargrove before she was elected.

Defense Attorney David Betras said the deal was essential to bringing closure to the case and the victim’s family.

“There is some benefit to finality, there is some benefit to making sure everyone faces justice, and although these two lawyers may not have agreed with the bargain I cut, it was my understanding that the victims were on board with it,” he said.

Betras told the court that his client is unlikely to be released in 10 years and more likely to serve the full 13.5 years.

“His years are not going to be easy. I don’t need to tell you what happens to people that go to the penitentiary when (other inmates) find out they testified,” Betras said. “I doubt he’ll be getting out in 10 years, because he’s…probably going to have a lot of write ups just defending himself.

Just from doing this for 40 years I can tell you horror stories of what happens to people in there.”

Betras said he could not understand why Bair participated in the crime.

“Zachary did not know the victim,” he said. “I tell people ‘make this make sense for me, this is senseless.’ He had no beef with this man. He just did the stupidest thing in his life. If you look at his record, that’s what’s so crazy. I think the last time he was in trouble was 2012. This isn’t someone with a violent past…I can’t make it make sense.”

In 2013, Bair pleaded guilty to felony cocaine possession and was sentenced to six months (time served) and a six-month driver’s license suspension. In 2008, he pleaded guilty to burglary and was sentenced to probation.

Bair offered apologies and expressed remorse before D’Apolito passed sentence.

“I know there’s nothing I can do to make things truly right. I just want to say to Mr. Bell’s family that I’m truly sorry for my actions, especially to his mother, I give my sincerest apologies. I think about the pain I caused his mom most every day and pray that you can find peace in your heart,” he said. “I’ve spent so many sleepless nights reflecting on my decisions of that day and I’m disgusted with myself. Sometimes it’s hard to even look at myself in the mirror knowing all the harm I’ve done and all the people I’ve hurt in doing so.”

The victim’s mother, Shawnda Bell, kept her statement to the court brief, addressing Bair directly.

“Zachary, I really have no words for you,” she said. “The decision you made…changed mine and my family’s lives as well as yours forever. We’re here for justice, not revenge and I pray that God will have mercy on your soul.”