NILES Man faces new charges in fight that resulted in death of one



The man was sentenced on an assault charge five days before the victim died.
By SHERRI L. SHAULIS
VINDICATOR TRUMBULL STAFF
NILES -- A Warren man previously sentenced for assaulting a Greenville, Ohio, man is now charged with his death.
Roy J. Walls, 27, of Severn Court S.E. was arraigned Friday in Niles Municipal Court on a count of involuntary manslaughter in the Jan. 15 death of 43-year-old Larry Marker.
A preliminary hearing is set for June 6.
Authorities say the men were at Buffalo Wild Wings near the Eastwood Mall on Nov. 25, 2002, when they got into an argument over NASCAR.
Witnesses said Walls punched Marker, who was knocked unconscious when his head hit the floor. Marker, who never regained consciousness, was transferred from a local hospital to a hospital in Troy, Ohio, nearer to his home north of Dayton.
Coroner's report
Autopsy reports from the Miami County Coroner's Office say Marker died of seizures and a staph infection in the brain, results of the head injury and coma.
"We furthered the original investigation, interviewing nine additional witnesses," said Niles Police Capt. Charles Wilson. "With that and the coroner's report, we felt charges should be filed." Niles Prosecutor Bruce Bennett agreed.
The involuntary manslaughter charge was filed Friday morning; Walls' attorney brought him to court later in the day for the hearing.
Five days before Marker's death, Walls pleaded no contest to an assault charge and was fined $100 and costs and given a 180-day suspended jail sentence.
Wilson said prosecutors researched the case to ensure that the new charge did not constitute double jeopardy. Because assault is not an element of manslaughter, a third-degree felony, they could be handled separately, he said.
Walls is free on a $5,000 personal bond.
slshaulis@vindy.com