Suspects' hearing upsets victim's family

Two of the men will be arraigned April 25.
By JOHN W. GOODWIN JR.
VINDICATOR TRUMBULL STAFF
WARREN -- Roy Elza said his family has patiently waited to see someone answer in court for the beating death of his cousin Kevin Elza, but after a court hearing Thursday, the family is just numb.
Two of the three men charged in Elza's death are free on $1,500 bond after pleading innocent Thursday to inciting to violence, a misdemeanor. Brian J. Charles, 21, of 1087 Park Ave., Girard, and David A. Riehl Jr., 19, of 855 Dravis Ave., Girard, are scheduled for preliminary hearings April 25 before Judge Andrew Logan.
The third man, Roberto B. Dubelt, 19, of 144 Morris Ave., Girard, is seeking a plea agreement after pleading guilty to assault, also a misdemeanor. He faces up to six months in jail and a $1,000 fine. He'll be sentenced by Judge Peter Kontos after a presentencing investigation.
Elza's widow, Tracy Elza, sat between family members, weeping throughout Thursday's proceedings, sometimes less than 3 feet away from the men accused in her husband's death. Those sitting closest to her could hear a faint, "It's just not fair," occasionally as the three men entered their pleas.
Cause of death
Her husband, 36, of Bristolville, died from blunt trauma to the head, with multiple skull, brain and soft tissue damage after being found Nov. 6, 2005, in the Creekside Golf Dome parking lot on North State Street, Girard.
As Judge Kontos and the county prosecutor said the state would have to prove Dubelt inflicted bodily harm on Elza, Tracy Elza threw up her hands and repeated the words "bodily harm." She left the courtroom immediately after the proceedings.
"My cousin is dead, and we can't bring him back by putting someone in jail, but there should be some justification for what they have done," Roy Elza said. "They killed him. When you kill someone, you forfeit your freedom. I truly lost a friend and pal."
The family is appalled that only misdemeanor charges will be brought against the men, Roy Elza said. He is hoping some stiffer punishment will come down in the future.
Chuck Morrow, assistant prosecutor, said legal and ethical concerns prevent him from getting into the facts of the case, but the charges were decided by a grand jury. He would not say if any of the three men could face stiffer charges in the future.
"The cases are presented to grand jurors and they make decisions based on that evidence," he said. "The grand jury determines the charges based on the facts."