YOUNGSTOWN Murder case stalls
Mahoning County Prosecutor Paul Gains said he'll try again when he gets more evidence.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- For the time being, the man at the center of a controversial low-bond issue won't be prosecuted in the January murder of an 18-year-old Forest View Avenue man.
A Mahoning County grand jury heard evidence Thursday but declined to indict Wayne P. Gilliam, 19, of Castalia Avenue, who was being held without bond in the county jail.
Gilliam's attorney, Scott Cochran, said the panel's decision means vindication for his client and for Judge Robert A. Douglas Jr. of Youngstown Municipal Court, who was roundly criticized for initially setting Gilliam's bond at $5,000.
"Judge Douglas was raked over the coals over the bond," Cochran said. "There's no requirement in the law that a person has to rot in jail while they wait for their trial."
Problems with evidence: Jay Macejko, assistant county prosecutor, said the state "had some evidentiary problems" on the case. He would not elaborate about evidence that was presented because, by law, grand jury proceedings are secret.
Prosecutor Paul Gains also would not comment on the evidence, but he said this isn't the end of the road.
"This grand jury decided to no-bill it, but it's still an open case," Gains said. "When we get additional evidence it will be presented again."
The matter was bound over to common pleas court from the city in January. Gains said it took so long to bring the case before a grand jury because prosecutors were waiting for a transcript of Gilliam's preliminary hearing in municipal court, which they recently received.
Cochran said he's aware the state can bring the case before another grand jury, but he believes Gilliam is innocent of the murder charge.
Low bond criticized: Judge Douglas was criticized because people thought the bond was too low for an aggravated murder charge, but Cochran said it was appropriate for the case. He said each case must be evaluated on its own.
"It really upsets me that some people in this city chose to use the death of a teen-age boy to make a political point," he said, referring to city officials who criticized Judge Douglas about the $5,000 bond.
The bond became an especially hot issue when Gilliam was arrested on drug charges while free on bond for the aggravated murder charge.
Bond set aside: By consent of the attorneys, the murder bond was temporarily revoked pending a hearing April 24 in common pleas court, where prosecutors had planned to ask that it be permanently revoked.
Gilliam is still being held on a $100,000 bond for the drug charges in common pleas court. Cochran said he plans to ask that it be reduced in light of the grand jury's decision on the murder charge.