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Murder trial goes forward
By Joe Gorman
YOUNGSTOWN
A murder trial in Mahoning County Common Pleas Court is going forward after prosecutors and defense attorneys could not work out a plea bargain.
Judge Lou D’Apolito had the two sides get together one last time Monday after he ruled in favor of a prosecution motion to allow a statement in the case by a dead co-defendant, but the gap between recommended sentences for Kalontae Carter, 19, was too great, so jury selection began.
Carter is accused of taking part in an April 2013 robbery on Elm Street in which Kristopher Stuart, 26, was killed.
Carter and another man, Dejuan Thomas, were indicted twice in the death of Stuart, who was found about 10:30 p.m. April 29, 2013, dead in his Elm Street home with a revolver next to him. Both Carter and Thomas were wounded during the shooting.
The charges were dismissed in July 2014 and refiled in October 2014.
Carter faces charges of aggravated murder, murder, felonious assault and aggravated robbery, all with a firearm specification.
Thomas, 33, was shot and killed outside a South Side bar in February. A suspect in his killing pleaded guilty and is serving prison time. Thomas’ slaying had nothing to do with the case against Carter, investigators have said.
Prosecutors wanted to use a statement they say Thomas made to an inmate in jail that Carter went to Stuart’s home with Thomas, his uncle, to commit a robbery.
Defense attorney Jeffrey Limbian objected because Thomas is not available to be cross-examined. Limbian said the statement does not meet the criteria for being allowed in court if a witness is unavailable, one of the reasons being that jailhouse news is not always the best source of information, especially when that person gets a favorable plea bargain in another case.
“I don’t know how you can think a jailhouse snitch is credible, especially when they get a deal that benefits them,” Limbian said.
Judge D’Apolito said testimony from inmates is used all the time and Limbian can question the witness’s credibility before the jury. The judge also said the prosecution was able to meet all the qualifications of allowing a statement from a witness who is not available into court.
Earlier, the two parties had tried to work out a plea deal to avoid the trial. Carter told the judge he rejected the prosecution’s offer of 14 years and said he would not go below accepting a sentence of 61/2 years. Carter and his parents met with Limbian one more time, but could not reach an agreement. That is when jurors were called in to begin the process of jury selection.
Should Carter be convicted of the aggravated murder or murder charges, the minimum sentence he faces is 15 years to life.