YOUNGSTOWN Jury weighs testimony in assault, robbery trial

James Goins, the only witness to testify for the defense, denied everything.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- James Goins doesn't dispute that his footprints were found in the snow outside William Sovak's house, or that Sovak's blood was found on his jacket and pants.
He just doesn't know how any of those things got there.
Goins, 17, is one of two people on trial in Mahoning County Common Pleas Court on multiple counts of attempted aggravated murder, receiving stolen property, aggravated burglary, felonious assault and kidnapping.
The other defendant is Chad Barnette, also 17. The teens, who live within a block of each other on East Indianola Avenue, are being tried as adults in the courtroom of Judge R. Scott Krichbaum.
Goins was the only witness to testify Monday for the defense. Barnette opted not to take the witness stand. The state has completed its case. Jurors began deliberating late Monday afternoon and were to continue today.
What's behind charges: Prosecutors say the two broke into the home of 84-year-old Sovak on Miller Street in January 2001, robbed and brutally beat him, then left him to die in a locked fruit cellar.
Goins, who lives about a block from Sovak's house, denied being in or near the house. He said he was alone in his room listening to music for about four hours that night before Barnette showed up.
Barnette was wearing a heavy, blue-denim coat over his camouflage clothing, Goins said. He said Barnette left the coat in Goins' room while the two went for a ride in a car Barnette had stolen earlier that night.
When police retrieved the coat from Goins' room, they found Sovak's house keys in one of its pockets.
Goins said he went for a ride with Barnette, even though Barnette told him the car was stolen. Barnette gave him the keys and let him drive, Goins said.
When Goins reached down to adjust the seat, he felt a gun on the floor. Neither he nor Barnette knew where the gun came from, he said.
They drove to the city's East Side, then to the North Side and back to the South Side. Along the way they picked up a friend, 17-year-old Lamont Belcher, who was driving when police spotted the car later that night.
What happened next: Belcher sped up to flee because they knew they were in a stolen car, Goins said. Witnesses have said the car, a 1998 Chevrolet Malibu, was stolen from Louis and Elizabeth Luchisan, who also were assaulted and robbed in their Marmion Avenue home the same night as the assault on Sovak.
Belcher was originally charged with the same crimes as Goins and Barnette, but the charges were dropped when prosecutors determined he did not participate in the robberies.
Goins said he jumped out of the car after Belcher wrecked it during the chase. Police officers caught him less than two blocks from the crash.
Denials: Scientific experts testified last week that Sovak's blood was on Goins' pants and coat, and that Goins' footprints were found inside and outside Sovak's house. Goins acknowledged those things, but said he doesn't know how the blood and footprints got there because he wasn't in the house.
He also denied participating in the assaults and robbery of the Luchisans.
In his closing argument to jurors, defense attorney Damian Billak said the blood could have been put on Goins' clothing by police who'd been at the crime scene and then patted him down during his arrest. He ripped the Youngstown Police Department for conducting a sloppy investigation that lacked direction or restraint.
Atty. Mark Lavelle, representing Barnette, said assistant prosecutors Michael Maillis and Jay Macejko failed to prove a case against Barnette, and argued that an unidentified fourth suspect is actually involved.
bjackson@vindy.com