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Mistake leads to dismissal of murder charges
YOUNGSTOWN
A mistake in the prosecutor’s office has led to charges being dropped against two men who had been slated to go on trial for murder.
Alan M. Johnson, 24, of Elm Street, and Marcel Roberson, 29, of Tod Lane, had been charged in the murder of 38-year-old Kevin Hart of Zents Avenue. Police found Hart dead in his car at Logan and Zents avenues at 12:25 p.m. Dec. 11, 2009.
Hart had been shot multiple times in the back.
A witness told police someone wearing a black jacket in a light-gold Blazer or Bravada exited the vehicle, pointed a chrome pistol at Hart and fired several times. The shooter then got back into the car and sped off west on Zents, the witness told police.
The two men were slated to go on trial for the murder Monday, but Mahoning County Prosecutor Paul Gains said assistant prosecutors handling the case did not disclose a key piece of evidence to defense attorneys. He said the failure to disclose eliminated the use of a key witness, and prosecutors were forced to dismiss the charges against Johnson and Roberson.
Gains said prosecutors could refile the charges against the two men if more witnesses are found, but if no new witnesses come forward, the two men may not face trial.
“My assistant thought the defense had received the disc containing these statements. ... We dismissed the case and hopefully we get witnesses other than the one we had,” said Gains. “We hope someone comes forward and provides additional information.”
Gains attributes the mistake in his office to a lack of help in support staff. He said there is a huge demand placed on two secretaries doing work for 13 attorneys.