Killer of diner owner, 89, gets 30 years

By Ed Runyan

A plea deal canceled a trial and the possibility of a death sentence for the Youngstown man.

WARREN — “Fred, in defense of his business, his employees and his son, lost his life,” Kim DeVengencie tearfully told Judge John M. Stuard of her father-in-law, Fred DeVengencie, 89, who died of a gunshot to the neck inside Freddie’s Diner last August.

Kim DeVengencie also spoke Thursday of how she and her 17-year-old son coped for three weeks while her husband, Anthony DeVengencie, 70, remained in a coma after being shot in the face during the robbery at the North Park Avenue restaurant.

Her remarks were directed at Judge Stuard of Trumbull County Common Pleas Court, who later sentenced Youngstown man Ardeed I. Mitchell, 28, to a prison term of 30 years to life for killing the elder DeVengencie and attempting to kill Anthony during a robbery gone bad.

After Kim DeVengencie spoke, Mitchell, of Livingston Street, turned from Judge Stuard to address the DeVengencie family sitting in the gallery.

“I know you’re mad at me. I’m mad at myself,” he said, mentioning how often he prays about what happened.

“Yes, I did what I did, but I never meant to kill somebody. I’m sorry. If you can, find it in your heart to forgive me.”

Mitchell pleaded guilty to 13 of 14 charges in his indictment, including aggravated murder, attempted aggravated murder, kidnapping and aggravated robbery.

In exchange, prosecutors dropped all specifications of aggravating circumstances. By doing so, prosecutors eliminated the possibility that Mitchell would get the death penalty.

Prosecutor Dennis Watkins said later he and his staff discussed the evidence in the case with the DeVengencie family and felt it was best to secure a sentence that will likely prevent Mitchell from ever getting out of prison. The plea agreement prevents the family from having to endure a trial, Watkins said.

Mitchell’s previous criminal history makes it unlikely any parole board will release him, Watkins added.

The prosecutor said police secured a great deal of physical evidence from the restaurant, including a liquor bottle with Mitchell’s blood on it and a bandanna with Mitchell’s hair on it.

Police were able to arrest Mitchell three weeks after the Aug. 12 robbery at the neighborhood diner when the Ohio Bureau of Identification and Investigation used the blood and hair to identify Mitchell as the person who committed the crimes.

But Watkins also revealed that all the shots fired in the restaurant that day — including one that hit Mitchell — were fired from a gun Anthony DeVengencie kept strapped to his leg.

Mitchell’s defense in the case would have been that the gun he carried into the restaurant that morning was not loaded, Watkins said.

That kind of defense would not have prevented Mitchell from being convicted of the murder and attempted murder, but it might have stopped a jury from recommending the death penalty, Watkins said.

Anthony DeVengencie’s revolver was found at the Palmyra Road residence where Mitchell was staying when he was arrested after the DNA match was made, and analysis would have shown that it was the murder weapon, Watkins said.

Police said Mitchell entered the restaurant just before 9 a.m. while no customers were inside, took money from the cash register and two waitresses, then went to the safe on the opposite side of the brick building that also housed the family-operated Sons of Italy Lodge 2356.

That’s where a scuffle between Mitchell and the two DeVengencies took place, resulting in all three men being shot, Watkins said.

In addition to the crimes Mitchell committed at Freddie’s Diner, he also was convicted of a burglary one day earlier at the Dairy Queen on West Market Street in Warren.

Al DeVengencie, a grandson of Fred DeVengencie’s and nephew of Anthony DeVengencie’s, said he believes most of his family would have preferred to see Mitchell get the death penalty.

“You have to go with the evidence,” however, he said, adding that statistics suggest that a small percentage of juries are willing to recommend death.

Kim DeVengencie said Fred DeVengencie worked seven days a week, having retired from Thomas Steel Strip “before Mr. Mitchell was even born.”

She added, “Fred provided an establishment to his customers that was likened to visiting a favorite family member,” she said.

“There’s no form of punishment or way Mr. Mitchell will ever pay for or understand the pain and great loss those that love Fred DeVengencie will experience as long as we live.”

runyan@vindy.com