Defense rests in KFC shooting case

By Denise Dick

DNA evidence appears to link one of the defendants to the crime.

YOUNGSTOWN — Closing statements are expected this morning in the trial of two people accused in the robbery and shooting that left the manager of a South Avenue restaurant paralyzed.

Defense attorneys John B. Juhasz, who represents Taran Helms, and Martin Yavorcik, who represents Hattie Gilbert, rested their cases Wednesday afternoon without calling any witnesses.

Both Helms, 23, of West Hylda Avenue, and Gilbert, 20, of East Judson Avenue, are charged with attempted murder, kidnapping, felonious assault and aggravated robbery in the March 24 shooting that left Joseph Kaluza, the manager of the South Avenue KFC, a paraplegic.

After the closing statements, Judge Timothy E. Franken of Mahoning County Common Pleas Court will give jurors instructions and they will begin deliberations.

Testimony on Wednesday morning centered on forensic evidence found on the coat, skull cap and mask Helms is believed to have worn, as well as the gun used, when the crimes were committed.

Ohio Bureau of Criminal Identification and Investigation scientists tested samples of DNA from a gun, coat, blood found on it, as well as a mask and skull cap used in the crime. It was compared to DNA of Helms, and for purposes of comparing the blood, to Kaluza.

Chances are more than one in 67 quintillion that someone’s blood, other than that of Kaluza, is on Helms’ jacket, according to Brenda Gerardi, a DNA analyst with BCI in Richfield.

With a world population of about 6.5 billion, it would take “thousands of earths” to find that many people, she said.

BCI deals in statistics and doesn’t definitively make conclusions about DNA matches, the analyst said.

But the DNA found on the mask, coat and handled areas of the gun had astronomical odds of matching that of someone other than Helms, the analyst said.

Gerardi told the jury that DNA is “unique to each individual with the exception of identical twins.”

She was the last witness to testify Wednesday before the prosecution, led by Kasey Shidel, an assistant Mahoning County prosecutor, rested its case.

Kaluza, who testified Monday and watched the trial from the back of the courtroom Wednesday, was on his way to make a $300 deposit from the restaurant when the crime occurred. A car, authorities say was driven by Gilbert, cut him off on South Avenue as he was on his way, causing an accident. Helms is accused of approaching, shooting Kaluza and robbing him.