Prosecutor says murder charges will be filed again in 2003 slaying

July 14, 2009 at 12:00a.m.

Judge James Evans, Mahoning County Common Pleas Court

The man is due back in court in late September.

YOUNGSTOWN — Charges against a city man previously convicted of murder have been dismissed, but he is far from free of legal troubles.

Darrin L. Moore, 22, of Willis Avenue, was convicted in the aggravated murder of Robert Smith in 2006, as well as aggravated robbery, two counts of receiving stolen property, escape and failure to comply with a signal of police. The case, however, was sent back to common pleas court on appeal.

Moore was back in the courtroom of Judge James C. Evans, Mahoning County Common Pleas Court, on Monday.

Dawn Cantalamessa, assistant county prosecutor, said aggravated-murder charges against Moore have now been dismissed because a cooperating co-defendant of Moore’s has changed his story. Aggravated-robbery charges have also been dismissed, she said, because of defects in the indictment against Moore.

Cantalamessa said the aggravated-murder and aggravated-robbery charges will be filed again. She said charges also may be filed against the co-defendant who changed the story being offered to the court.

According to prosecutors, Moore still faces a list of charges including robbery, kidnapping, gross sexual imposition, assault and escape. Cantalamessa said the charges are all under one indictment but will be handled in four separate trials.

Moore, who is being defended by Atty. Ron Yarwood, is due to appear before Judge Evans again Sept. 28 on charges of robbery, gross sexual imposition and kidnapping.

Moore is accused of accosting a Lisbon woman in the parking lot of an apartment complex on Mathews Road in Boardman in September 2003.

Police arrested him after a chase from Youngstown to Trumbull County while Moore was driving a stolen car.

Moore was 17 when he was charged with those crimes, so he was taken to the county’s juvenile justice center. In October 2003, Moore complained of leg pain and was driven by a detention officer to Forum Health Northside Medical Center. After receiving treatment, Moore threw down his crutches and ran.

In December 2003, Moore and Damon Clark of Youngstown saw Smith sitting in a Cadillac outside a bar on North Garland Avenue. Police said Moore took the car keys from Smith, 29, of Eliot Lane, then shot Smith in the back and lower torso as he ran away. Police found the Cadillac a few days later, burned, on Salt Springs Road.

Moore was arrested in January 2004, after the police chase in the stolen car.

Clark pleaded guilty to receiving stolen property in September 2004.

jgoodwin@vindy.com