Jury gets case of 2 charged in killing

By John W. Goodwin Jr.

The trial, which lasted two weeks, will resume with deliberations Tuesday.

YOUNGSTOWN — A jury of five men and seven women is trying to decide if two city men are guilty of murder.

Aaron Sherrod, 22, of Stockbridge, Ga., and D’Metri Lee, 21, of Idlewood Avenue, have been on trial for the 2007 murder of James Dow, 28, of South Lakeview Avenue. They also are charged with the aggravated robbery and kidnapping of Dow and felonious assault against Emmanuel C. Bunkley, 26, of Youngstown on the same day.

Dow was found dead in the basement of 145 Thornton Ave. He had been shot in the head and his feet bound with tape.

Two men, Michael W. Lee, 20, of Cordova Avenue, and Edward Taylor II, 19, of Hudson Avenue, pleaded guilty earlier to taking part in Dow’s murder and the assault on Bunkley. Lee has been sentenced to 30 years in prison, and Taylor is serving a 22-year term.

Taylor appeared as a witness for the state in the trial of D’Metri Lee and Sherrod.

The trial lasted two weeks, but attorneys for the state and the two defendants were ready to present closing arguments by Friday morning. Atty. Jennifer McLaughlin-Smith, an assistant county prosecutor, closed for the state. Lee is represented by Atty. John Shultz, and Sherrod is represented by Atty. David Betras.

McLaughlin-Smith reminded jurors of testimony from Edward Taylor admitting his role in the crime and detailing how D’Metri Lee devised a plan to rob Dow of drugs. She reminded jurors of Taylor’s testimony detailing the struggle between Dow and his attackers and how Sherrod kicked the man down a flight of stairs and then helped tape his legs.

McLaughlin-Smith told jurors to remember earlier testimony pointing to D’Metri Lee as the man who fired the fatal shot.

McLaughlin-Smith said robbery, not necessarily murder, was the initial intent, but all four men must take responsibility for where those plans to commit robbery led.

“D’Metri Lee and Aaron Sherrod chose to become involved in criminal activity, criminal activity where Emmanuel Bunkley was shot and James Dow was killed,” she said. “The evidence you have heard in this court shows that all four of these men participated in this plan. I ask the jury to hold these men accountable for what they did.”

Betras addressed the jury about testimony from Bunkley. He, referencing Bunkley’s past convictions involving drugs, labeled Bunkley a drug dealer and said it is his nature to lie. He illustrated that point by reminding the jury that Bunkley initially lied to police about how he was shot.

Betras said police investigating the murder did a poor job by not checking for fingerprints on a phone in the house used to call 911 and not collecting and testing as evidence a board used as a door prop after the murder. He said police focused on his client and did not bother to look elsewhere for potential suspects.

Betras told the jury that police did not find any DNA evidence from his client at the scene of the crime but did find DNA evidence from Michael Lee and Edward Taylor.

Shultz also questioned the credibility of Bunkley as a witness, saying he could not remember key events such as how many times he had gone to the house where the shooting took place or what door he may have used.

Shultz reminded jurors that Taylor initially confessed the murder and then fled the area. He said that only after Taylor realized the serious nature of his confession did he change his story to implicate D’Metri Lee. Shultz said Taylor benefited with a lighter prison sentence from his testimony against D’Metri Lee.

Shultz said his client did not try to flee the area after the crime such as others involved in the case.

“You don’t run from something you didn’t do,” he said.

Shultz also said police did not find any DNA or fingerprint evidence from his client at the scene of the crime.

jgoodwin@vindy.com