Judge overrules dismissal motion for murder suspect

YOUNGSTOWN — A judge has overruled a motion by a defendant in a capital murder case to have his case dismissed because he did not receive a preliminary hearing.

Judge Maureen A. Sweeney of Mahoning County Common Pleas Court overruled the motion by Kevin D. Agee Jr., 26, of West Ravenwood Avenue, a defendant in the September 2010 shooting death of Thomas Repchic, 74, and wounding of Repchic’s wife, Jacqueline, also 74, whose leg had to be amputated because of the shooting.

In a court hearing last week, Agee contended his rights were violated because he did not receive a preliminary hearing before the charges against him were presented to a grand jury.

Dawn Cantalamessa, an assistant county prosecutor, however, argued Agee would only have been entitled to a preliminary hearing if he had not been indicted by a grand jury within 15 days of his initial court appearance.

Because he was indicted within the 15-day period, Agee was not entitled to a preliminary hearing or a dismissal, Cantalamessa said.