Judge in Repchic murder case mulls witness' 5th amendment invocation

YOUNGSTOWN

A Mahoning County Common Pleas judge is expected to rule today on whether transcripts of testimony from a previous trial can be allowed into the record for the capital-murder trial of Aubrey Toney.

Judge Maureen Sweeney is expected to rule on whether testimony from the trial of 28-year-old Kevin Agee, who was convicted in 2012 for his role in the Sept. 25, 2010, shooting death of 74-year-old Thomas Repchic and the wounding of wife, Jacqueline, then 74, will be read into the record for jurors.

Toney, 33, could face the death penalty if convicted of Repchic’s murder. He also faces charges of attempted murder and felonious assault for the wounding of Jacqueline Repchic, who had her foot amputated as a result of her wound.

The reason the transcript needs to be read into the record is that Agee has refused to testify, invoking his Fifth Amendment right under the U.S. Constitution against self incrimination. Because of his refusal, Judge Sweeney has declared him unavailable to testify.

Read more about the development in the case in Thursday's Vindicator or on Vindy.com.