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Court: Judge erred in freeing suspect in felonious-assault case
YOUNGSTOWN — An appellate court has ruled that the trial judge erred in freeing from jail the suspected driver in a rolling gunbattle with police and in declaring that the suspect could not be retried after a jury deadlocked in his case.
The unanimous ruling came Thursday from the 7th District Court of Appeals in the case of Duniek Christian, in which Judge James C. Evans of Mahoning County Common Pleas Court declared a mistrial due to a hung jury.
In a victory for the prosecution, which appealed Judge Evans’ decision, the appellate court sent the case back to Judge Evans for further proceedings on the counts upon which the jury deadlocked.
Christian’s lawyer, Lynn Maro, could not be reached to comment Friday on whether she would appeal the decision to the Ohio Supreme Court.
Christian, 24, of North Garland Avenue, was charged with nine counts of felonious assault in the July 1, 2005, chase and gunbattle on the city’s East Side. They consisted of two counts, one for each officer in the police car Christian allegedly rammed, and seven more counts, one for each of seven officers shot at.
There were no injuries in the confrontation.
Co-defendants Jumal Edwards, 26, of Woodcrest Avenue, and Craig Franklin Jr., 21, of Glenwood Avenue, who police said fired at them from the stolen car Christian was allegedly driving, were convicted and sentenced to 97 and 105 years in prison, respectively, in this case.
In August 2008, a jury acquitted Christian of the two counts for allegedly ramming the police car and of the seven other felonious assault counts but said it was “unable to decide” whether Christian was guilty of complicity to felonious assault in those seven counts.
“Complicity is presumed in every indictment, and the instruction [to the jury] on such offense essentially activates the charge, allowing retrial on the same indictment in the case of a hung jury on that complicity charge,” Judge Joseph J. Vukovich wrote in the decision.
Judges Gene Donofrio and Cheryl L. Waite concurred with Judge Vukovich.
“We’re going to assess the case,” said county Prosecutor Paul J. Gains. Asked if he intends to retry Christian, Gains would only say: “That certainly would be an option if this [appellate court] decision stands.”
Gains said he assumes the decision will be appealed to the state’s top court and that Christian will remain free pending that appeal.
Each count of complicity to felonious assault carries the same three- to-10-year sentencing range upon conviction that applies to each count of felonious assault, the prosecutor said.
milliken@vindy.com