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WARREN -- Ohio's 11th District Court of Appeals on Monday rejected a second motion by a convicted Trumbull County murderer and upheld his life prison sentence.
Dominic M. Harvey, 25, who was convicted of aggravated murder and attempted aggravated murder in the July 21, 2022, shooting death of Jauton Lee Jr., 23, and the wounding of Mitchell Powell, then 24, outside of a West Market Street restaurant, alleged the Trumbull County judge in his case erred by not holding a hearing in an earlier matter.
Harvey was sentenced to 50 to 56 1/2 years to life in prison Jan. 2, 2024. Harvey filed his first motion Dec. 9, 2024, which the trial judge in Harvey's murder case, Cynthia Wescott, denied. The same appeals court affirmed that decision Dec. 8, 2025. Harvey is in the London Correctional Institution.
Harvey, of Hillsdale Drive Northwest, was 20 when he was indicted on capital murder in the deadly shooting death of Lee and wounding Powell near the Hot Dog Shoppe.
Harvey was eligible for the death penalty because of being accused of a course of conduct that resulted in the death of Lee or attempt to kill two or more people.
But a death sentence was removed as part of Harvey's plea agreement to aggravated murder and attempted aggravated murder.
Lee and Powell were shot while driving east on West Market Street when someone in a passing vehicle fired at them. They pulled into the parking lot of the Hot Dog Shoppe and were taken to Trumbull Regional Medical Center, where Lee died, a police report stated.