Vincent Marbley, 61, stands with his attorney, Lou DeFabio, while DeFabio explains to Mahoning County Common Pleas Court Judge R. Scott Krichbaum Tuesday the reasons he needs more time to prepare for Marbley’s aggravated murder trial. RIGHT: Mahoning County Assistant Prosecutor John Juhasz, right, and Mahoning County Prosecutor Lynn

YOUNGSTOWN — Mahoning County Common Pleas Court Judge R. Scott Krichbaum approved a defense motion postponing an aggravated murder trial for 30 days to give the defense more time to prepare.

Vincent Marbley, 61, and Eddie L. Winphrie, 42, were set for trial Monday in the Oct. 17, 2024, killing of Reynaldo Hernandez, 24, in Youngstown. Andre K. Bailey, 41, is already serving a prison sentence of 39 years to life after being convicted at trial of aggravated murder and other charges in March 2025 in the case.

Marbley and Winphrie were only taken into custody in mid-May 2025 and in late March, respectively, after being on the loose for more than two years after the killing.

All three men are from Youngstown. Bailey was convicted at trial on all counts — aggravated murder with prior calculation and design; aggravated murder; felony murder; murder; aggravated robbery; tampering with evidence; and being a felon in possession of a firearm. Marbley and Winphrie face the same charges. None of the three men was indicted on charges that could result in the death penalty.

They are accused of killing Hernandez shortly after Hernandez went to Bailey’s home on Bott Street on the East Side. According to a summary of the Bailey trial contained in an appeals court filing by the Mahoning County Prosecutor’s Office in September 2025, gunshots were fired into Hernandez in the home shortly after an Amazon delivery driver left a package on the porch of the home and took a photo of it.

When police arrived, Hernandez’s body was gone, but surveillance video showed a great deal of what went on inside and outside the home.

DEFENSE MOTION

On Tuesday, attorney Lou DeFabio, who represents Marbley, told Krichbaum he has not received all of the evidence prosecutors have in the case, and he is about 70% finished reviewing the videos he has gotten over the past two to three weeks after being appointed to the case about a month ago.

“There are videos, by my account, about 40 hours of videos, body cam, security videos, jail interviews, much of which you watch or listen to once and you have to watch them again because you’re not sure of everything that is being said,” DeFabio said.

“Then obviously compare those to what the investigation has shown,” he said.

It appears there is some missing information, including autopsy photos, he said. He believes there is a document in the case involving a co-defendant whose plea deal included a proffer — meaning an agreement on what he was willing to testify to — made by a co-defendant. But DeFabio said he does not have a copy of it. He said he is aware of it only because it was mentioned by attorney Walter Madison in Bailey’s trial.

DeFabio said he needs more time to review the remainder of the videos. He and the county prosecutor’s office have discussed sitting down in the next week or two to compare the evidence DeFabio has compared to what prosecutors have. After that he needs to further investigate and discuss with his client possible defenses.

DeFabio said he has spent about 20 hours reviewing evidence in the past two weeks.

Krichbaum noted that “Unlike my colleagues on the bench, I stood where you stood, representing people on aggravated murder and understand the tremendous amount of effort it takes to prepare such a case for trial.”

Krichbaum said it would be wrong to “force this matter to trial on Monday since you’ve only been on the case 30 days.”

Additionally, Krichbaum said it is his intention to try the case against Marbley and his codefendant, Winphrie, together, saying “the evidence is virtually identical” in both cases, at least within the court’s understanding at this point.”

Krichbaum said he granted a continuance in Winphrie’s case earlier Tuesday. Krichbaum said evidence was discussed also in that case, including other homes that provided videos. Krichbaum said he was granting a 30-day continuance in the trial for Marbley and Winphrie, but he was “not of a mind to grant another continuance.”

Another pretrial will take place in 30 days, with the trial one week after that “if necessary,” Krichbaum said. All complications that could change that schedule need to be brought to his attention before the next pretrial, Krichbaum said.

Mahoning County Assistant Prosecutor John Juhasz told Krichbaum that prosecutors have met with the defense attorneys regarding evidence, the need for more time to prepare and regarding plea negotiations. Juhasz said prosecutors do not oppose the trial date being moved back 30 days.

Mahoning County Prosecutor Lynn Maro sat through the hearing. She has indicated her intent to try the case in addition to Juhasz, who was part of the team that prosecuted Bailey.

BAILEY TRIAL

The Amazon driver testified in Bailey’s trial that he quickly returned to his truck in the road after hearing the gunfire coming from Bailey’s house. A car was pulling out of the driveway at the same time, and it backed into his truck, apparently also fleeing the scene, the Amazon driver said. He left the scene and called 911 when he had reached a safe place.

Bailey was still at the scene when police arrived. Surveillance video from outside and inside Bailey’s home show Hernandez in the driveway after being shot and men moving around during and after the shooting, putting Hernandez in a car and leaving the area.

Three other men were charged with lesser crimes in the case. One of them, Daniel Ramsey, had agreed to cooperate with prosecutors as part of his plea agreement, which included a proffer.

But Ramsey is deceased, according to a recent filing in the case filed by Maro and Juhasz, “reportedly of an overdose and was never sentenced.” The two other men were sentenced and have served their sentences, the filing states.