Victim's family waits for hearings in vain

A prosecutor is dismayed at the inconvenience the victim's family endured.
By JOHN W. GOODWIN JR.
VINDICATOR TRUMBULL STAFF
WARREN -- Family members of a man fatally beaten in the parking lot of a city nightspot spent another day in court -- and again left disappointed.
Brian J. Charles, 21, of 1087 Park Ave., and David A. Riehl Jr., 19, of 855 Dravis Ave., both in Girard, were scheduled for preliminary hearings Tuesday before Judge Andrew Logan of Trumbull County Common Pleas Court.
The two men are charged in the beating death of Kevin Elza, 36, of Bristolville, in the parking lot of the Creekside Golf Dome on U.S. Route 422. They are free on $1,500 bond after pleading innocent earlier this month to inciting to violence, a misdemeanor.
Kevin Elza's widow, Tracy Elza; cousin, Roy Elza; and other family members arrived at the courthouse before the 8:30 a.m. scheduled hearing. The family quickly learned that Charles' attorneys requested a continuance, but the family waited for Riehl to appear in court.
About two hours later, Riehl had not come to court and it was learned that his attorneys had also requested a continuance.
Assistant Prosecutor Chuck Morrow said he was not notified of the request for a continuance and therefore could not notify the family.
Reaction of victim's family
Members of the Elza family were visibly upset at having taken time away from work to sit in a courtroom for the better part of the morning. They said the situation exacerbated what they feel is already an unfair situation. Family members have said the misdemeanor charges are too lenient.
Morrow said he did not know why he was not notified of the request for a continuance. He did make a statement before the court about the inconvenience the situation posed to the family.
"Quite simply I am somewhat dismayed at the inconvenience the victims have had to endure sitting here all morning," he said.
Riehl and Charles are scheduled to appear before Judge Logan June 6.
A third man charged in the beating, 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.
jgoodwin@vindy.com