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Man enters Alford plea in shooting case
By joe gorman
youngstown
A South Side man says he’s innocent but still entered an Alford Plea to a shooting on the North Side in December, where a man was shot three times — and he was shot in the leg five times.
Richard Labooth, 35, of East Avondale Avenue, entered the plea Monday before Judge Lou D’Apolito of the Mahoning County Court of Common Pleas to a charge of felonious assault with a firearm specification. A five-year sentence is recommended in the plea. Included in that is house arrest until Labooth can be medically cleared to be sent to prison.
Assistant Prosecutor Jeff Davis said Labooth was at a Lora Avenue home Dec. 14 when two men, one of them wanting to buy marijuana, came over. Labooth pulled a gun and the victim, who had a concealed-carry permit, returned fire. That man was shot three times, and Labooth was shot five. Labooth has to wear a nerve- generative machine on his leg, and has problems sitting and standing.
When Judge D’Apolito went over the plea and asked if Labooth was ready to plead guilty, Labooth held his head in his hands and did not answer, so his lawyer, James Lanzo Jr., asked if he could be allowed to enter an Alford Plea. That is a type of plea where a defendant maintains innocence but admits that if the case goes to trial, there is enough evidence for a jury to convict.
The maximum plea for the charges he pleaded guilty to is 11 years, and Labooth said he wanted to keep the sentence recommendation in his plea deal. Judge D’Apolito explained the Alford Plea to him and Labooth agreed to enter into that plea.
Labooth said he was concerned that if he testified, he would be subject to cross- examination and his prior criminal record, which he was afraid would not look good to a jury.
“If I get on the stand, my past will come up instead of the evidence in this case,” Labooth said.
Labooth has past convictions for felonious assault, illegal possession of weapons because of a felony conviction, aggravated assault, failure to comply and possession of drugs.
Police said 43 shots were fired at the scene of the shooting. The other man was shot in the arm and stomach, police said.