Civil suit claims illegalconviction

The county prosecutor and Warren police chief are named as defendants.

STAFF REPORT

YOUNGSTOWN — A Warren man who spent six years in a state prison before his murder conviction was reversed has filed a civil lawsuit in federal court.

Shawn Armstrong, 38, of Sutton Place, acting as his own attorney, wants a jury to award him compensatory and punitive damages and attorney fees and costs. He alleges that police and prosecutors conspired to convict him.

The case was filed late Friday and has been assigned to U.S. District Judge Peter C. Economus in Youngstown federal court.

Defendants named in the lawsuit included Trumbull County Prosecutor Dennis Watkins, Warren Police Chief John Mandopoulos and several police officers.

Vindicator files show Armstrong had been convicted in the Aug. 9, 1998, shooting death of Braderick McMillan at the Elks Club on Highland Avenue in Warren Township. He was sentenced to 23 years in prison in 2000.

The 11th District Court of Appeals reversed the conviction in October 2004, saying the trial court erred in allowing the statements of co-defendant Art Bell to be used at trial. The statements were read by prosecutors, who said Bell made them to a detective before trial.

Bell testified he couldn’t remember making any statements to police.

Without Bell’s prior statements, there was no other link between him and the murder-for-hire scheme, the appellate court ruled. The Ohio Supreme Court declined to hear an appeal from prosecutors.

Newspaper files show that, in May 2006, five witnesses named in the original police report could not be located, Bell didn’t recall any details, and the coroner who handled the case was not available due to poor health.

Warren Township police have said that Armstrong, Lance Pough and Bell had planned to kill McMillan, who was scheduled to testify against Pough in a drug case.

Pough and Bell both pleaded guilty. Bell was sentenced to 11 years in prison, and Pough was sentenced to 18 years. Prosecutors said they don’t know the identity of the shooter, according to newspaper files.

Armstrong claims in his suit that all the defendants entered into conduct to illegally convict him, including malicious prosecution.