Thursday, September 18, 2008
YOUNGSTOWN — Hattie Gilbert admitted to planning the March 24 robbery of KFC manager Joseph Kaluza, her attorney Martin Yavorcik said in his closing statement this morning.
But she wasn’t part of the attempted murder, felonious assault or kidnapping of the restaurant manager, he said.
“She committed a robbery — she did — shame on her,” Yavorcik said.
But she didn’t intend for Kaluza to get shot and she didn’t push his car off of South Avenue onto a side street, he said.
Gilbert, 20, and Taran Helms, 23, are both accused of attempted murder, felonious assault, aggravated robbery and kidnapping in the shooting of Kaluza.
Most of the prosecution witnesses didn’t even mention Gilbert, Yavorcic said.
“Find her guilty of the robbery,” Yavorcic said. “But I ask you to look in your heart. I believe the law and the evidence in this case requires you to find her not guilty of every other charge.”
Judge Timothy E. Franken is instructing the jury after which it will begin deliberating, later today.