YOUNGSTOWN Teen gets prison in robbery, shooting

Two other suspects in the robbery already pleaded and were sentenced.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Kenneth Rodgers realizes now that he should never have followed his friends into the South Side Civics club on South Avenue two summers ago.
For his part in the bloody robbery and shooting of several bar patrons that followed on July 4, 2000, Rodgers will serve 11 years in prison. That's three years more than had been recommended by Assistant Prosecutor Patrick Pochiro in a plea agreement.
Rodgers, 18, of East Indianola Avenue, pleaded guilty in January to two counts each of complicity to felonious assault and complicity to aggravated robbery. He was sentenced Friday by Judge R. Scott Krichbaum of Mahoning County Common Pleas Court.
"I wish I never would have went in that bar," Rodgers said.
Defense attorney Thomas Zena said the assailants, who were all 16 at the time but were tried as adults, were walking past South Side Civics on their way to commit "a nefarious act" when one of the others, Jawaun Phifer, suggested that they go inside.
Phifer and Edward Brandon had masks and guns. Rodgers was unarmed and his face was uncovered. Phifer pulled the trigger of his shotgun at least once, injuring at least two people.
"He appeared to be more of a follower of these other individuals," Pochiro said of Rodgers.
Pleaded guilty: Brandon and Phifer previously pleaded guilty to similar charges, and Pochiro recommended 18-year sentences for each of them. Judge Krichbaum followed the recommendation for Brandon in May 2001, but gave Phifer 23 years in February 2001.
Under Ohio law, judges have the final say on sentences.
Brandon and Phifer got longer sentences because they carried the guns and because they also robbed McDonough's Lounge and a pizza shop on South Avenue. Rodgers was involved only in the South Side Civics robbery.
Zena admitted he was nervous about Rodgers' standing before Judge Krichbaum, who earlier this week imposed 85 years' worth of maximum, consecutive sentences on two teen-aged defendants who were convicted of robbing and beating three city residents.
One of those two, James Goins, was also a suspect in the South Side Civics robbery. Prosecutors dropped charges against him because, even though the other suspects said he was there, no victims could identify him.
Ohio law prohibits convicting someone based solely on the word of codefendants.
"I implore you to recognize the differences in this case," Zena said, pointing to Rodgers' limited involvement compared to the other suspects.
bjackson@vindy.com