CAMPBELL SHOOTING Judge gives 2 probation in man's shooting injury

One man said he didn't realize the victim had been shot.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A Struthers man and his Cleveland cousin were placed on probation for being involved in a dispute that resulted in the shooting of a Campbell man.
Judge Maureen A. Cronin cautioned the men Tuesday in Mahoning County Common Pleas Court that they face five years in prison if either violates terms of their three-year probation.
Richard V. Villanueva, 21, of Struthers, and Jonathan E. Shumate, 20, of Cleveland, had pleaded guilty April 7 to one count each of felonious assault. As part of a plea agreement, prosecutors dismissed a second count of felonious assault against Villanueva and a charge of attempted murder against Shumate.
Firearm specifications that had been lodged against each man also were dismissed in the plea agreement.
What happened
Villanueva said he and Shumate had gone to Campbell in April 2002 to buy marijuana from Robert J. Shaffer, who was 19 at the time. Villanueva said he gave Shaffer about $30, after which Shaffer started to walk away.
Shumate said he stopped Shaffer and demanded that he either give back Villanueva's money or give them the marijuana they wanted. Shumate said Shaffer punched him in the head and again started to walk away.
Shumate said he swung back at Shaffer with his right hand, in which he was holding a gun. He said the gun fired and Shaffer fell to the ground, but he didn't realize Shaffer had been shot.
"I thought he fell because I hit him," he said. "I thought the bullet just went up in the air. I didn't purposely shoot him in the head."
Shaffer, of Jackson Street, was taken to St. Elizabeth Health Center. Assistant Prosecutor Timothy Franken said the bullet grazed the side of Shaffer's head and did not penetrate his skull.
Drug sentence
Shaffer is serving a 10-month prison sentence for unrelated drug charges.
"These two did something stupid, but they are not hardened criminals," said Villanueva's lawyer, Michael Drain.
Atty. Donald Butler, who represents Shumate, said, "They both used extremely poor judgment."
bjackson@vindy.com