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Man sentenced for homicide
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The defendant didn’t intend to kill, the prosecutor said.
STAFF REPORT
YOUNGSTOWN — A man who fatally shot his brother almost three years ago has pleaded guilty to a reduced charge and been sentenced to six years in prison.
Elbert W. Shuler, 45, of Carroll Street, actually has about three years to serve because he’s been locked up for 1,071 days awaiting final court action.
Shuler was initially indicted on an aggravated-murder charge with a firearm specification in the Aug. 10, 2005, death of his brother, Harold, 40, of Youngstown.
However, in an agreement with the prosecution, he pleaded guilty Tuesday to reckless homicide with a gun specification.
He was immediately sentenced by Judge James C. Evans of Mahoning County Common Pleas Court to three years for the homicide and three consecutive years for the gun specification.
Martin P. Desmond, assistant county prosecutor, said the shooting followed an argument after what appeared to be a long day and night of drinking by the victim and the defendant. Desmond said he didn’t believe Shuler intended to kill his brother.
“This is a fair, reasonable and just outcome,” Desmond said, noting that the defendant had no prior criminal convictions and suffered from mental illness.
“There’s nothing in my opinion to suggest that he intended this to happen,” said Lou DeFabio, the defense lawyer.
“I don’t know what happened,” the defendant said, asking for the judge’s forgiveness.
Georgia Shuler of Youngstown, mother of the defendant and the victim, said she believed Elbert Shuler is innocent, has been locked up long enough and should be freed.
The case was long delayed because the defendant was initially found incompetent to stand trial, then underwent treatment at the Northcoast Behavioral Health Center in Cleveland designed to restore him to competency and was declared competent, Desmond said.
Shuler will be on parole for five years after he leaves prison.