Danyo Sellers, right, 19, confers with Aaron Meikle, one of his attorneys, after Mahoning County Common Pleas Court Judge Anthony D’Apolito declared a mistrial in Sellers’ murder trial Tuesday. The mistrial was declared a couple of hours after co-defendant Saun Peterson invoked his Fifth Amendment right against self-incrimination and refused to testify at Sellers’ trial. Staff photo / Ed Runyan

YOUNGSTOWN — For the second time in a week, a mistrial was declared in a Youngstown murder trial.

The latest took place in the trial of Danyo Sellers, 19, in the April 15, 2023, shooting death of Amya Monserrat, 15, outside Martha’s Boulevard Tavern on Southern Boulevard.

The trial proceeded into its second day Tuesday in Mahoning County Common Pleas Court until a key witness, co-defendant Saun Peterson, 23, took the stand and invoked his Fifth Amendment right not to testify on the grounds of self-incrimination.

When it happened, the attorneys had a sidebar conversation with Mahoning County Common Pleas Court Judge Anthony D’Apolito, and then the trial was paused for a couple of hours.

When the jury returned to the courtroom about 1:30 p.m., D’Apolito told them he had declared a mistrial because of “what happened earlier today.” He said he and the attorneys discussed “the law as it applies in this matter and how it might affect the case going forward.”

He said based on those cases and his “review of case law that governs my actions in this matter, it is my decision that at this time I must declare a mistrial.”

He said he wanted the lawyers to meet with his staff to reschedule the trial as soon as possible.

Peterson did not immediately invoke his Fifth Amendment right not to answer questions when his testimony began. Mahoning County Assistant Prosecutor John Juhasz started by asking Peterson about the type of car Peterson owned on April 15, 2023, and Peterson said it was a Mercedes-Benz.

Peterson testified that he knew of a bar called Martha’s Boulevard Tavern on Youngstown’s South Side, but he had never been there before April 15, 2023. He said he was there that day to pick up his sister from a party and that his sister called him to pick her up while he was driving around.

He said he was alone in the car and did not pick up someone named Danyo Sellers, who is also known as Legend Pless. He said no one was in the car when he went to the tavern.

“All I know is I went to pick up my sister from that party, and that’s all I know,” Peterson said.

When Juhasz asked again if anyone else was in the car with him, Peterson said, “I plead the Fifth.” That is when the attorneys discussed the matter with the judge.

EARLIER TESTIMONY

Peterson testified one previous time about the gunfire that killed Amya. That testimony was given in Mahoning County Juvenile Court in December 2023 during a hearing before Judge Theresa Dellick to determine if there was probable cause to transfer Sellers’ case to adult court.

After the hearing, she transferred the case to adult court. At that hearing, Peterson testified that he was the driver of a car that drove around the tavern April 15, 2023. He also testified to Sellers’ role in the shooting that night. Peterson also testified that someone in the crowd fired a gun at their car about the same time a gunshot was fired from inside his car.

Peterson identified the person who fired the shot and said the person fired 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. His car did not get hit with any gunfire, Peterson said.

The people at the party were scared because of Peterson driving around the tavern multiple times, he said, agreeing that he was trying to antagonize the people at the party and looking for his sister, who was at the party. She was there because her boyfriend was performing rap music at the party, Peterson testified.

Around the time of the juvenile court hearing Peterson also pleaded guilty in Mahoning County Common Pleas Court to involuntary manslaughter and other charges in the episode. Prosecutors said they would recommend that Peterson get 10 to 12 1/2 years in prison. He was going to be sentenced later and was required by his plea agreement to testify in Sellers’ case.

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.”

MISTRIAL LAST WEEK

Last week, Mahoning County Common Pleas Court Judge John Durkin declared a mistrial in the Sept. 11, 2023, murder trial of Darnell Jones, 21, in the 2023 shooting death of Ty’Lend J. Lewis, 21, at Lewis’ home on Summer Street on the South Side.

In that trial, a witness said something jurors were not supposed to hear. Mahoning County Assistant Prosecutor Anissa Modarelli tried to cover the last part of the remark by talking over the witness, but Durkin ruled a mistrial. That case is now set for a retrial on March 20. No new trial date is in court records yet for the Sellers retrial.