Jurors to decide if fight led to death

The lawyers differ on who started the fight that day.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Jurors in Mahoning County Common Pleas Court must decide whether a brawl between siblings led to their mother's death from a heart attack.
Prosecutors say 36-year-old Mark E. Hubbard of Youngstown went into a tirade Feb. 7 against his 40-year-old sister, Cherilyn Chandler, sparking a fight between the two in which a knife was drawn and punches were thrown.
Their 65-year-old mother, Elinore Hubbard, suffered a fatal heart attack moments after she tried to separate them.
Now, Hubbard is on trial for involuntary manslaughter and three misdemeanor counts of domestic violence.
Moved in
Assistant Prosecutor Robert Andrews told jurors during opening statements Tuesday that Hubbard moved into his mother's apartment on South Raccoon Road, Austintown Township, in January. His sister also lived there with her 12-year-old daughter.
Andrews said Chandler repeatedly told Hubbard to move out of the apartment, but he refused. In February, she threatened to call police if he did not leave, Andrews said.
Defense attorney Mark Lavelle said Hubbard is a recovering drug addict who had recently resumed using drugs. He moved into his mother's home to stay away from drug dealers who lived near his own apartment in Youngstown, Lavelle said.
He said Chandler did not like her brother living in the apartment with the others and wanted him to move out.
Andrews told jurors that Hubbard became angry and charged at his sister, backing her into the kitchen, where she grabbed a knife to defend herself. Hubbard grabbed the knife from her, knocked her to the floor and punched her several times in the face, Andrews said.
He said Elinore Hubbard and Chandler's daughter struggled to get Hubbard off Chandler and the three women eventually forced him out the door.
Released from hospital
Andrews said Elinore Hubbard had been released from the hospital the previous day. She was told to rest and to have no stress or physical activity.
Lavelle said it was Chandler, not Hubbard, who initiated the fight. He admitted that punches were thrown, but said Chandler "gave as good as she got" and that Hubbard was defending himself against her attack.
He denied Andrews' allegation that Hubbard elbowed his niece or hit his mother during the fracas.
Andrews said authorities do not think Hubbard intended for his mother to die, but said he still is responsible for her death because of the stress brought on by his assaults against his sister, mother and niece.
Testimony was to continue today in the courtroom of Visiting Judge Charles J. Bannon.
bjackson@vindy.com