YOUNGSTOWN Sentencing phase begins in murder trial

By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A jury in Mahoning County Common Pleas Court was expected to begin deliberating today whether John Drummond Jr. should be put to death for killing a 3-month-old baby last year.
The same jury convicted Drummond last week of multiple felonies, including two counts of aggravated murder with death penalty specifications. The trial was to resume today, with defense attorneys James Gentile and Ronald Yarwood presenting evidence aimed at persuading jurors to spare Drummond's life.
Testimony was expected to be completed today, after which the jury would begin deliberating. If the panel is unable to reach a decision today, it will be sequestered overnight at an undisclosed location and resume Friday.
Prosecutors said the 26-year-old Allerton Court man fired 10 shots from an assault rifle into a house on Rutledge Drive, on the city's East Side, in March 2003. One of the bullets went into the house and fatally wounded infant Jiyen C. Dent Jr., who was sitting in a baby swing in the living room.
The baby's parents, Jiyen C. Dent Sr. and LaToya Butler, were home at the time but were not hit.
Sentencing possibilities
Because the murder victim was younger than 13, and because the jury found that Drummond killed, or attempted to kill, two or more people, he could face the death penalty for the baby's murder.
If the jury opts against recommending the death penalty, it can instead recommend that he be sentenced to life in prison with parole eligibility after 25 years, 30 years or never.
If the jury recommends that Drummond be executed, Judge Maureen A. Cronin then would have the final say in whether to impose it, or opt instead for a life imprisonment sentence. If the jury recommends prison, the judge cannot override it and invoke the death penalty.
Gentile and Yarwood were expected to call Drummond's parents to testify on his behalf. A Youngstown woman with whom Drummond has a child, and a psychologist also were expected to testify on Drummond's behalf.
Judge Cronin also has ordered that Drummond's school records and child support payment records be provided to the court for the mitigation trial.
Drummond can testify during the trial, or has the option of taking the stand to make an unsworn statement to jurors, after which he cannot be cross-examined by prosecutors. He also has the right to remain silent and say nothing at all during the mitigation trial.
Assistant Prosecutor Timothy Franken said prosecutors will call witnesses only if they are needed to rebut testimony from defense witnesses.
bjackson@vindy.com