TRUMBULL COUNTY Appeals court sends case back

Prosecutors plan to appeal the ruling.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A 33-year-old city man convicted of aggravated murder and sentenced to 23 years in prison may soon get a new trial.
The 11th District Court of Appeals reversed Shawn Armstrong's conviction Monday and sent the case back to Trumbull County Common Pleas Court.
The 29-page ruling, written by Judge Judith A. Christley, states the trial court erred when it allowed statements of a co-defendant admitted as evidence in the case.
The ruling states that during Armstrong's September 2001 trial, prosecutors read portions of co-defendant Art Bell's statements made to a detective before the trial.
During the trial, however, Bell testified that he couldn't remember making any statements.
"Although there was some broad-brush, circumstantial evidence which connected appellant to the murder, without Art Bell's prior statements, there was no other direct link between him and the murder-for-hire scheme," the ruling states. "As a result, the prosecutor's reading of Art Bell's statements violated appellant's constitutional right to confront a witness under the Sixth Amendment of the United States Constitution."
Judge Donald Ford concurred. Judge Diane V. Grendell dissented, stating that even though Bell disavowed making the statements read by the prosecution, the defendant's counsel still cross examined Bell. Judge Grendell added that defense counsel was able to get a contradictory statement from Bell that was beneficial to Armstrong.
Planning to appeal
County Prosecutor Dennis Watkins says he'll appeal the decision to the state Supreme Court.
Armstrong, who has maintained his innocence, told Judge Andrew Logan moments after his conviction that he planned to appeal.
Jurors deliberated 10 hours before reaching a verdict in the case.
Warren Township police said Armstrong; Lance Pough, 31; and Bell, 34, all of Warren, planned to kill Bradrick McMillan, who was scheduled to testify against Pough in a drug case.
McMillan was shot in the head outside the Elks Club on Highland Avenue in Warren Township on Aug. 9, 1998.
Pough and Bell both pleaded guilty to murder charges. Bell was sentenced to 10 years in prison on the murder charge and one year on a gun specification. Pough was sentenced to 15 years to life on the murder charge and three years on a gun specification.
Prosecutors said they do not know the identity of the shooter.
Link to former officer?
Prosecutors have said the gun used in the killings belonged to Andre Peterson, a former Youngstown police officer, who is one of Armstrong's friends. They said Armstrong was driving Peterson's car the night of the killing.
Peterson, who has not been charged, has told The Vindicator he had no involvement in the murder, that his gun had been stolen. He declined during an interview to say why Armstrong had his car.
Carlos Eggleston, former Youngstown police officer, whom prosecutors also implicated in connection with the murder during opening statements in the trial, said Armstrong was going to fix Peterson's car.
Eggleston, who has not been charged, has also told the newspaper he had no involvement in the murder.
Although prosecutors in the Armstrong case identified both Peterson and Eggleston as each playing a role in the conspiracy to kill McMillan, they refused to discuss why neither man has been charged.
sinkovich@vindy.com