YOUNGSTOWN Jury convicts man of murder, again

Cuthbertson had previously pleaded guilty to the same charge and received the same sentence.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Donnell Cuthbertson is back where he started seven months ago -- behind bars for murder.
A jury in Mahoning County Common Pleas Court convicted the 27-year-old Norwood Avenue man of the charge Friday afternoon. The six-man, six-woman jury deliberated one hour Thursday and nearly seven hours Friday before reaching the verdict.
Cuthbertson faces a sentence of 15 years to life in prison.
The jury also ruled that Cuthbertson used a gun to commit the crime, which means he will serve a mandatory three years before the murder sentence kicks in. Judge Robert G. Lisotto ordered a background check before sentencing.
"As a defense attorney, we just present the evidence and let the jury decide the case based on how it interprets that evidence," said Cuthbertson's attorney Douglas B. Taylor. "This is what the jury decided."
Robert Andrews, assistant prosecutor, said he was mildly disappointed that the jury did not convict Cuthbertson of the original charge of aggravated murder, which would have carried a life sentence with no parole eligibility for at least 20 years, but he is satisfied with the verdict.
Cuthbertson was charged with aggravated murder in the January 1997 shooting death of Marcus C. Mosely, 41, of Saranac Avenue. Mosely was found shot to death in the 600 block of Lexington Avenue on the city's North Side.
Prior events: In March 1998, he pleaded guilty to a reduced charge of murder as part of a plea agreement with the prosecutor's office. Before he could be sentenced, though, Cuthbertson wrote a letter to Judge Lisotto asking to withdraw the plea and go to trial.
In the letter, Cuthbertson said he made the plea deal at his mother's persuasion.
At a hearing, acting Judge Joseph O'Neill overruled the request and sentenced Cuthbertson to 15 years to life in prison, plus three years for a firearm specification. Cuthbertson went to prison in April 1998.
Last September, the 7th District Court of Appeals ruled that Cuthbertson should have been allowed to withdraw his plea because he changed his mind before he was sentenced. He was released from prison shortly afterward, but was taken immediately to the county jail where he was held awaiting trial.