Murder charges dismissed; Youngstown cops blamed

April 6, 2008 at 11:16p.m.

AKRON BEACON JOURNAL

AKRON — A judge dismissed aggravated murder charges today against a Mahoning County man over an assertion by Summit County prosecutors that Youngstown police ‘‘compromised’’ ballistic evidence in the 2002 slaying of Javan Rogers, 24, of Akron.

Summit County had jurisdiction in the case, prosecutors said, because Rogers was abducted from his Akron residence on North Portage Path and found shot to death, execution-style, in Youngstown on Aug. 27, 2002.

The Mahoning County defendant, Arian S. O’Connor, 30, was charged in October with the Rogers’ slaying after Youngstown police tied him to the crime by switching shell casings from that shooting and an unrelated drive-by shooting in September 2002, prosecutors said in open court.

“A trial in this case would not be in the interest of justice for either the defendant or the victim’s family,” Gregory W. Peacock, assistant Summit County prosecutor, stated in his court-filed dismissal action.

Judge Patricia A. Cosgrove of Summit County Common Pleas Court granted Peacock’s request, calling the compromised evidence “a situation that strikes at the very heart of our democracy and our justice system.”

“When we can no longer believe that the police, law enforcement, are being truthful, it’s a very sad day for the justice system,” Judge Cosgrove added.

Youngstown Police Chief Jimmy F. Hughes, Mayor Jay Williams and former police Chief Robert Bush did not return messages from The Vindicator and the Beacon Journal seeking comment on the case.

For the complete story, see Tuesday’s Vindicator and Vindy.com.