YOUNGSTOWN Teens face suit from beating victim

One of the defendants has a trust account that could be used to pay a judgment against him.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- James Goins and Chad Barnette haven't completely settled up with 84-year-old William Sovak, whom they beat up and left for dead in his home more than a year ago.
The 17-year-old boys were sentenced to prison last week, but still must reckon with a civil lawsuit Sovak filed against them a year ago in Mahoning County Common Pleas Court.
Sovak's lawyer, Andrew Suhar, said the conviction doesn't necessarily make the civil suit a sure thing.
"Nothing is automatic, but the outcome of the criminal case certainly gives more credibility to our civil case," Suhar said.
Sovak is seeking $1 million from both Goins and Barnette and $10,000 from each of their mothers. The suit is for injuries Sovak sustained when he was brutally beaten during a robbery at his former home on Miller Street in January 2001.
He suffered broken ribs, multiple skull fractures and other injuries, which left him unable to care for himself. Relatives said he was forced to sell his home of 42 years and is residing in an assisted living facility.
Convicted: Goins and Barnette were each convicted March 12 of multiple felony charges, including the attempted aggravated murder of Sovak. Judge R. Scott Krichbaum sentenced them each to 851/2 years in prison. They are not eligible for parole.
Sovak testified during the trial that the boys grabbed him when he stepped outside to get his evening newspaper. He was forced back into the house and repeatedly punched, kicked and hit over the head with the base of a telephone.
He was thrown down a flight of stairs to his basement, dragged across the floor and locked in a fruit cellar. Relatives found him there hours later, bloody and barely conscious.
Atty. Scott Fowler represents Goins in the civil suit. He declined to comment on the impact Goins' criminal conviction will have on the civil case, which is set for trial in March 2003 before Judge Robert Lisotto.
Barnette is indigent and does not have an attorney for the civil case, according to court records. Atty. Mark Lavelle was appointed to represent him during the criminal trial.
Trust account: Goins has a trust account, established in Texas in 1991, which comes from proceeds of a wrongful death claim for his father. It is a structured settlement, which means money is paid into it each year through 2025.
Sovak's lawsuit asks that Butler Wick, which administers the trust fund, be made to pay any claims against Goins out of the account before making any other disbursements.
Prosecutors also want to tap into the trust account to recover some $20,000 they spent building and presenting the criminal case. The bulk of that cost, about $18,000, was for DNA testing and expert witness testimony.
Judge Krichbaum ruled that both defendants are liable for the cost of prosecution, though it's expected that only Goins has the ability to pay because of the trust account.
Another suit: Sovak isn't the only one with a civil suit pending against Goins.
Diane Nail of Tod Avenue filed a suit against him and three other teen-aged boys in July 2001 for injuries she sustained in a July 5, 2000, shooting at the South Side Civics club on South Avenue.
Goins was originally charged in that case, but prosecutors dropped the charges because they could not prove their case against him. He's still named in the civil suit, though.
Jawaun Phifer, Edward Brandon and Kenneth Rodgers, who were all 16 at the time of the shooting, have pleaded guilty and been sentenced to prison. They are also named as defendants in Nail's lawsuit.
bjackson@vindy.com