MAHONING COUNTY Judges sentence 2 men to prison in unrelated shootings

Both shootings were preceded by fisticuffs.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Two city men were sent to prison Thursday in Mahoning County Common Pleas Court for unrelated fatal shootings.
Chad Little, 20, of Williamson Avenue was sentenced to a total of 11 years for the May 2001 death of 19-year-old Robert Spencer. Eight years was for voluntary manslaughter, to which Little pleaded guilty in June, and three was because a firearm was used.
Judge Maureen A. Sweeney gave Little credit for 1,241 days he has spent in the county jail while his case was pending.
Assistant Prosecutor Robert Andrews said Spencer was playing basketball near his Emery Avenue house when Little approached to talk to him about a stolen-car case in which both men were involved. He said Spencer punched Little, knocking him to the ground.
When Little fell, a gun fell from his back pocket. He picked it up and fired several shots, one of which struck Spencer in the back as he was running away.
"This wasn't self-defense, he was shot in the back," Andrews said.
Defense argument
Defense attorney Louis DeFabio said the gun fired once when it fell from Little's pocket, and there was disagreement over whether that could have been the shot that struck Spencer. If that were the case, the shooting would have been accidental.
"He was a 16-year-old boy who made a very, very, very bad and tragic decision," DeFabio said. Little was originally charged as a juvenile but his case was bound over for disposition as an adult.
Little apologized to Spencer's family and said he didn't intend to shoot or hurt anyone that day. He said that there had been a falling out between him and Spencer, and that he had gone to Spencer's house to make peace.
Second case
In an unrelated case, Bob E. Kelly of Indianola Road was sentenced to a total of seven years by Judge Jack Durkin. Four years was for involuntary manslaughter, to which Kelly pleaded guilty in August, and three years was for using a firearm.
Assistant Prosecutor Jay Macejko said Kelly, 20, shot and killed 21-year-old Michael P. Olds of Benita Avenue at Midway Market on Elm Street in February 2001.
Defense attorney Thomas Zena said Kelly stepped in to break up a fistfight between Olds and another man. Olds became angry, threatened to kill Kelly and reached for a gun that someone else was holding, Zena said. Kelly pulled a gun and fired first, shooting Olds once.
Kelly then followed Olds into the store and shot him at least three more times, the lawyers said.
By law, he will receive credit for 972 days he has spent in the county jail.
Judge Durkin said Kelly's plea agreement and sentence are contingent on his cooperation and testimony in an unrelated murder case scheduled for trial Oct. 18.
bjackson@vindy.com