Second murder trial set for next week

By John W. Goodwin Jr.

The defendants had been on trial for two weeks, but a hung jury resulted in a mistrial.

YOUNGSTOWN — D’Metri Lee and Aaron Sherrod are set to go on trial for murder a second time Monday, but Lee’s attorney has asked the judge to acquit his client because, he says, there simply is not enough evidence for a conviction.

Aaron Sherrod, 22, of Stockbridge, Ga., and D’Metri Lee, 21, of Idlewood Avenue, had been on trial for two weeks, but a hung jury resulted in a mistrial for the men, who both face charges of aggravated murder, aggravated robbery, kidnapping and felonious assault.

Judge Maureen A. Sweeney of Mahoning County Common Pleas Court declared the mistrial Tuesday after a seven-woman, five-man jury deadlocked in the case. The jurors deadlocked after 12 hours of deliberations, five hours Friday and seven hours Tuesday.

Lee is represented by Atty. John Shultz; Sherrod is represented by Atty. David Betras. Shultz and Betras met Wednesday with Jennifer McLaughlin-Smith and Robert J. Andrews, assistant county prosecutors, but Shultz asked the court for an acquittal.

The motion for directed verdict of acquittal was filed Wednesday. Judge Sweeney’s court was not in session, however.

“For cause, counsel submits that pursuant to a trial of this action, a jury was unable to unanimously reach a verdict of conviction. In fact, counsel is led to believe that all but one member of said jury voted to acquit,” according to Shultz’ motion. “It is readily apparent that there is insufficient evidence to convict this defendant beyond a reasonable doubt.”

Shultz said a new trial would be merely a formality that will ultimately lead to an acquittal or another mistrial.

Sherrod and Lee are charged with the Nov. 18, 2007, aggravated murder, aggravated robbery and kidnapping of James E. Dow, 28, of South Lakeview Avenue, and felonious assault against a friend of Dow’s, who survived after he was shot in the hip on the same day.

Dow was found shot to death in the basement of 145 Thornton Ave. on the city’s North Side. He had been shot once in the head and his feet bound with tape.

Prosecutors say Lee, Sherrod and two other men called Dow saying they wanted to purchase drugs from him. The men, prosecutors say, then tried to rob Dow and ultimately killed him.

jgoodwin@vindy.com