YOUNGSTOWN Plea negotiations break down; second trial in killing is slated

The defendant rejected an offer to plead guilty to a reduced charge.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Plea negotiations have broken off and the case of Arthur Barron, accused of killing a man during an argument over a wedding ring, appears to be headed for a second trial.
Barron, 29, of Carroll Street, was charged with aggravated murder after 32-year-old John Cannell was shot and killed Nov. 25, 2002, outside a house on Woodland Avenue.
Cannell's wife, Michelle, had traded her wedding ring for crack cocaine the night before. When Cannell found out about it, he became angry and went to retrieve the ring.
What happened
While Cannell was arguing with someone else, Barron drove up and interceded. The argument then shifted to Barron and Cannell, at which point Barron pulled out a gun and shot Cannell once in the chest.
At his first trial in February, Barron testified that it was self-defense because he thought Cannell was going to assault him. Jurors told lawyers afterward that they didn't buy his self-defense story, but could not agree on a verdict. The trial ended with a hung jury.
Assistant prosecutor Jay Macejko said at the time that he and Barron's attorney, Douglas B. Taylor, would try to resolve the matter through plea negotiations.
Macejko said prosecutors offered Barron a 10-year prison sentence recommendation if he would plead guilty to voluntary manslaughter, which Barron refused.
"There is absolutely no chance of resolving this case by plea agreement now," Macejko said.
The case is set for trial Sept. 24 before Judge James C. Evans.
"The jury couldn't reach a decision the first time around, so we'll see if they can reach one the second time around," Taylor said.
More charges coming
Macejko said he will ask a county grand jury to hand up more charges against Barron before the next trial. The new charges probably will include tampering with evidence, since Barron admitted at trial that he threw away the gun he used to shoot Cannell.
One concern about going to trial is that Michelle Cannell, who testified against Barron at the first trial, has come up missing, Macejko said.
He said the same thing happened before the first trial because Mrs. Cannell did not want to testify. Police tracked her down and she was locked up in the county jail on a material witness warrant to ensure her appearance in court.
"I'll do that again this time if I have to," Macejko said.
He said if Mrs. Cannell can't be located before trial, prosecutors can introduce a transcript of her testimony from the first trial.
bjackson@vindy.com