COMMON PLEAS COURT Investigation missteps lead to lesser charge
The prosecutor's key witness became the defense's airtight alibi.
By NANCY TULLIS
VINDICATOR STAFF WRITER
YOUNGSTOWN -- A city man who could have been sentenced to 18 years to life in prison if convicted of murder will instead serve a three-year prison term after pleading guilty to a lesser charge.
Steve Gardner, 22, formerly of Ford Avenue, pleaded guilty Monday in Mahoning County Common Pleas Court to involuntary manslaughter in the death of 39-year-old Larry Robbins, a former Youngstown Pride professional basketball player, of Norwood Avenue.
Judge James C. Evans gave Gardner credit for 770 days served in Mahoning County Justice Center and ordered him to serve his term in Lorain Correctional Institution.
He was charged with murder with a firearm specification in the March 22, 2003, death; he surrendered May 7, 2004.
"I can't get over this," Robbins' fianc & eacute;, Puella Jordan, told Judge Evans. "Larry was a good man. He was slaughtered and left to die in the street like an animal."
Assistant Prosecutor Martin Desmond said the reduced charge is appropriate, given the evidence suppressed in the case.
"I hope you can ask the Lord to help you forgive me," Gardner said to the victim's family.
Desmond said he was surprised Gardner sought the family's forgiveness, because up until that moment, he had maintained his innocence.
Gardner's lawyer, Lou DeFabio, said, however, his client agreed to the guilty plea to avoid a trial "where anything can happen."
"We have been here numerous times on this matter," DeFabio said. "Any murder is a serious case, but there were serious problems with the evidence in this case. Cases where plea agreements result in both parties being satisfied are rare."
Evidence and witness troubles
"We are stunned that he took a deal, because we didn't have a case," Desmond said after sentencing. "The first problem was that there were no suspects -- nothing for more than a year. There were problems with the investigation, and with evidence. The evidence we had said he did it. The evidence we could present in court said someone else did."
Desmond said much of the available evidence was suppressed because of mistakes made during the investigation. Youngstown police detectives did not properly advise Gardner of his rights against self-incrimination upon his arrest, and later questioned Gardner without an attorney present, he said. Gardner incriminated himself with that testimony, then asked for an attorney, Desmond said.
Key witnesses subpoenaed during trial preparation did not show up to be interviewed by prosecutors, and the main one they did contact was uncooperative, he added. Much evidence against Gardner came second- and third-hand from men he had been incarcerated with, and their testimony was considered unreliable.
Desmond said Gardner was shot in the back of the head and was found face down on the sidewalk with his hands in his pockets. He said men who supposedly recounted Gardner's prison stories of the crime gave conflicting stories that didn't match the crime scene.
Prosecutors also found one key witness against Gardner "had an ax to grind" with him, Desmond said.
Unclear time element
The biggest blow to the prosecution's case however, involved the time of death and the testimony of a woman Gardner was dating at the time, Desmond said.
Police said Robbins' body was found around 7 a.m. in a pool of blood on the sidewalk in front of a house at 464 Norwood Ave. on the city's North Side.
Desmond said a resident discovered the body as he was leaving for work that morning. Gardner's girlfriend told prosecutors he spent the night with her and she dropped him off in that neighborhood at 6:45 a.m. because he said he had to get some money from someone.
At first, the girlfriend's testimony seemed ideal to put Gardner at the scene of crime when Robbins died. However, the man who found Robbins' body also told police he had heard gunshots around 3:30 that morning, but didn't call police.
Then coroner's reports put Robbins' time of death at around 3:30 a.m., not 7 a.m.
"Our star witness then was then [Gardner's] airtight alibi," Desmond said.
"I'm well aware of the circumstances of death in this case and recognize the negotiations are justifiable," Judge Evans said. "I commend the defense and the prosecutor and hope we'll learn a lot and help police understand proper procedures."
tullis@vindy.com