Officials debate effectiveness of latest approach

A Youngstown city councilman has expressed disbelief that nine of the gang members received probation.

By PATRICIA MEADE

VINDICATOR CRIME REPORTER

YOUNGSTOWN — One died violently, two are now accused of murder. Some stayed out of trouble, some didn’t.

They first made news in May 2006, when city, county, state and federal officials announced that members of three gangs had been indicted in juvenile court and charged with participation in a criminal gang.

As with conventional organized crime, the gang members’ criminal histories tied them together. The gangs — South Side Soldiers, L Unit and Dale Boys — operated mostly on the South Side.

The case involved 18 juveniles and 11 adults who were juveniles when the alleged crimes occurred. They were involved with everything from drug offenses and theft to vandalism and shooting at one another, authorities said.

Anissa Jones Modarelli, an assistant county prosecutor, said when the indictment was announced that getting them now may stop hard-core drug crimes a few years from now.

Of the 27 gang cases that stayed in juvenile court, one boy was sentenced to a Department of Youth Services facility, nine defendants received probation and five had their charges dismissed. Twelve cases are pending.

Two defendants had their cases transferred to Mahoning County Common Pleas Court to be tried as adults. These cases also are pending.

Probation

Much of the gangs’ area falls into Councilman Paul Pancoe’s 6th Ward. He said extra police patrols between Market Street and South Avenue are now helping to curb criminal activity.

But Pancoe expressed disbelief when told that, so far, nine of the gang members received probation.

“I’m sorry, but I don’t agree with probation. Some of these people are beyond saving,” Pancoe said. “The police do their job and the judge lets them back out. It’s ridiculous.”

In explaining charges that were dismissed, Modarelli said there were some situations where the defendant was sentenced in common pleas court for unrelated adult crimes. The juvenile charges were dismissed without prejudice, meaning they could be refiled, she said.

When background checks recommend probation, Juvenile Judge Theresa Dellick said she generally follows the recommendation. The judge said some of the gang defendants were recommended for probation because they had stayed out of trouble — or had cooperated with police to testify in other cases.

Pancoe suggested maybe these gang defendants can transfer their business to the judge’s neighborhood. Residents of his ward are sick of crime, he added.

Needs of the court

Lt. Robin Lees, commander of the Mahoning Valley Law Enforcement Task Force, said although police would like every criminal incarcerated, officers understand the needs of the court. His task force gang unit works in partnership with the FBI/Mahoning Valley Violent Crimes Task Force.

“Probation is a tool for the court to control with restrictions, and probation can be revoked,” Lees said. “Juvenile court focuses on rehabilitation, and that’s an admirable goal. But a lot of times with these teenagers, it doesn’t work.”

Modarelli said investigators worked hard to develop the gang case last year because there was a concern about neighborhoods being terrorized, and the goal was to deter gang activity. She said she was disappointed by some of the kids, but believes the police effort did have a deterrent effect.

“She took the time to understand what the gang unit wanted to do and she was willing to take it on with enthusiasm and see it through,” Lees said. “Not all prosecutors are willing to do that.”

Since then

He said the gang indictment in juvenile court broke new ground. Gang charges have been pursued in common pleas and federal court, he said.

In the aftermath of the indictment, a few of the gang members were arrested again, notably Reshaud Biggs, 21, and Dion Weatherspoon, 19, each charged with murder. Biggs is accused in the Dec. 30, 2006, murder of 31-year-old Anthony Perez. Weatherspoon is accused of killing William “Mike” Burr on July 8. Burr was the only witness to the Perez shooting.

Lees said there will always be a poster child — or children — like Biggs and Weatherspoon — who make law enforcement efforts look bad. Weatherspoon had received probation in juvenile court; Biggs’ gang charge is still pending there.

One teenager, Marvin E. Boone, 19, was the victim of a homicide after being charged. He and three others were killed Jan. 29 on the South Side.

Since the indictment, Levert Dent, 18, has been charged with breaking and entering. He received probation on the gang charge.

Dwayne E. Boone, 18, was arrested in July and charged with aggravated trafficking in marijuana, records show. His gang charge had been dismissed in February.

Not surprising

The new arrests don’t surprise Lees.

“Look at the rates of adult recidivism — how much more can be done for juveniles in similar situations? Some get back in trouble, and some decide it’s a lifestyle they don’t want,” he said.

Lees said he hesitates to say whether things are better since the gang indictment. “Like drugs, you do what you can to control it. We addressed the problem and continue to address it.”

He said the task force gang unit dismantles criminal gangs every year.

Maggy Lorenzi, a member of the Southern Block Watch, doesn’t believe the gang indictment had much of an impact. “It’s gone more underground, but the activity is still there,” she said.

Lorenzi said she believes in probation for first-time offenders only, adding probation just puts them back on the streets to do their business. “Apparently [probation’s] not working,” she said of those who got in trouble again.

meade@vindy.com