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Attorneys paint pictures of Brooks, a vet, before sentencing
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Brooks
By Joe Gorman
YOUNGSTOWN
Attorneys for the man facing life in prison with no parole for the murder of a real-estate agent say his past military service and troubled childhood must be taken into account when he is sentenced today.
Robert Brooks, 29, a recipient of two Purple Heart medals for Army service in Iraq, is the first of two men to be sentenced for the murder of real-estate agent Vivian Martin on the East Side on Sept. 20, 2010. Police say she was strangled after being lured to a Nelson Avenue home she was showing and then the home was set afire to cover up the crime.
Grant Cooper, 29, will be sentenced Thursday for his role in Martin’s death. Prosecutors are recommending a sentence of 29 years for Cooper, the man court documents show strangled Martin.
Brooks pleaded guilty as jury selection began Sept. 19 before Visiting Judge Lee Sinclair to charges of aggravated murder, aggravated robbery, aggravated arson and kidnapping; and additional counts of aggravated robbery and kidnapping for a similar incident in Boardman on Sept. 15, 2010. The victim in that case was not killed.
Brooks was facing the death penalty for Martin’s death, but prosecutors agreed not to seek it in exchange for his guilty pleas.
A sentencing memorandum filed in Mahoning County Common Pleas Court by defense attorneys Ron Yarwood and James Gentile late Monday detailed some aspects of Brooks’ life before he killed Martin.
Brooks’ attorneys have said they seek a sentence that is less than life in prison with no parole. Today’s hearing is expected to last almost the entire morning.
The memorandum, however, does not provide a motive as to why Brooks was participating in the robberies or why the crime escalated from the robbery Sept. 15, 2010, to a murder five days later.
The memorandum said Brooks’ childhood was one where he and his family constantly wandered trying to escape from his abusive father, who was so bad that the family changed its names and Social Security numbers to avoid him. His mother cares for him, but she was unable to give him any direction in his childhood because of her extensive mental illness, the memorandum said.
In high school, there was an unnamed incident that had Brooks referred to the Wisconsin National Guard Academy and he liked it so much that he decided to join the military, the memorandum said. He joined the Army, where he served for more than four and a half years as a combat engineer, including three tours in Iraq.
During his service, Brooks received two Purple Hearts and several other medals, including a Combat Action Badge. On May 25, 2006, he was commended for leading his armored personnel carrier out of a firefight and saving his crew as well as engaging the enemy.
In that incident, the memorandum said Brooks fought until he was evacuated by a helicopter to a hospital. Injuries to his right eye, brain, neck and back were so severe that he retired at a disability rate of more than 70 percent, the memorandum said. Additionally, he has severe post-traumatic stress disorder from the battle in which he was wounded plus other sights he observed in Iraq. The PTSD impairs his judgment, impulse control and lends itself to panic attacks, the memorandum said.
The memorandum also noted that Brooks followed up on all appointments for treatment as much as he could due to his condition. The memorandum said his condition is not an excuse for his decisions, but an explanation.
The memorandum also pointed out that Cooper, who admitted killing Martin, will receive a sentence less than life without parole. It said Brooks has been consistent since he was arrested that he did not kill Martin and he admitted being involved in a robbery.
Judge Sinclair was appointed in June by the Ohio Supreme Court after the trial judge, Judge James Evans, announced his retirement effective today and asked to be recused from the case. Several of Martin’s family members have voiced their displeasure that the case languished before Judge Sinclair was appointed.