SOUTH SIDE BEATINGS Authorities: Suspect beat the system once



Without independent evidence, the state had no case against Goins the last time.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- James Goins beat the system the last time he was charged as an adult because he knew how to play the game, Mahoning County authorities say.
Goins, 16, of East Indianola Avenue, is one of three teen-age boys facing adult charges in a beating and robbery spree earlier this year. Lamont Belcher and Chad Barnett, both 16, also are charged.
They are accused of the attempted murder of 83-year-old William Sovak of Miller Street; the felonious assault of Elizabeth Luchisan, 59, and her 63-year-old husband Louis of Marmion Avenue; three counts of aggravated robbery and single counts of receiving stolen property and possession of a dangerous ordnance.
Their cases are being transferred from Mahoning County juvenile court to common pleas court, where a grand jury will consider indicting them for trial as adults.
Last time: Goins was among a group of teen-agers arrested last year after a rash of break-ins and assaults at businesses on the city's South Side, including the South Side Civics club. He was indicted and charged as an adult with 18 counts of felonious assault.
But while charges against three others went forward, the charges against Goins were dismissed at the request of the county prosecutor's office.
Nicholas Modarelli, chief assistant prosecutor, said authorities weren't happy about dropping the charges and letting Goins go but had no choice.
The other three defendants -- Jawaun Phifer, 17, of Roxbury Avenue; Edward Brandon, 17, of East Boston Avenue; and Kenneth Rodgers, 17, of East Indianola Avenue -- "ratted each other out" and confessed their roles in the crimes, Modarelli said. They were also charged as adults.
Goins, though, refused to talk.
"He knew better and he just clammed up," Modarelli said. Ohio law does not allow a criminal conviction based solely on testimony of a co-defendant, Modarelli said.
Even though the others named Goins as a participant in the crimes, none of the victims were able to identify him, Modarelli said. Without independent evidence, the state had no case against Goins.
Phifer pleaded guilty and was sentenced in February to 23 years in prison by Judge R. Scott Krichbaum. Brandon has also pleaded guilty and is to be sentenced March 13.
Rodgers is awaiting trial.