SHOOTING CASE Suspect changes mind, withdraws guilty plea

The change was against the defense lawyer's 'better judgment.'
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A city man decided to pull out of a plea agreement and go to trial for a September 2002 shooting, even though he risks quadrupling his potential prison sentence.
Rodney Carter, 22, of Delaware Avenue pleaded guilty last week in Mahoning County Common Pleas Court to three counts of felonious assault and one count of illegally possessing a weapon. In exchange for the plea, Assistant Prosecutor Gina Arnaut recommended that Carter be sentenced to six years in prison.
Carter was scheduled for sentencing Monday, but instead told Judge Jack Durkin that he wanted to withdraw his guilty plea and take his case to trial. Arnaut did not object, and Judge Durkin said the case will go forward next week.
"It is against my wishes and better judgment that we do this," defense attorney Anthony P. Meranto told the judge. "But it's what my client wants to do, and I have to respect his wishes."
Sentencing
Judge Durkin said if Carter goes to trial and is convicted of even one of the three felonious assault counts, he could be sentenced to eight years in prison, plus three more years for using a firearm. If he is convicted of all counts, the maximum possible sentence would be 28 years.
Carter said he is aware of the risk of a longer sentence and wanted to withdraw the plea anyway.
Carter is accused of shooting at a car in which two adults and a baby were riding outside the Six Brothers Drive-Through on Oak Street. The car was hit four times, but no people were hit or injured, Arnaut said.
He was on probation for a previous, unrelated felonious assault charge at the time of this shooting, Arnaut said.
bjackson@vindy.com