Murder charge reduced, release ordered

YOUNGSTOWN — Prosecutors reduced a murder charge against a homeless man because they could not link a punch the defendant threw with the victim’s cause of death – drowning.

Jayjuane Hardy, 41, entered a guilty plea today in Mahoning County Common Pleas Court to a charge of aggravated assault for the May 2014 death of James Syster, 55, in a Front Street parking lot.

Assistant Prosecutor Rob Andrews recommended a sentence of 18 months, and because Hardy has already served 18 months awaiting trial in the Mahoning County jail, Judge Maureen Sweeney ordered his release.

The plea came on the day jury selection was to begin in Hardy’s trial.

Police said Syster, who was also homeless, was killed after he was in a fight with Hardy late May 28, 2014, in a Front Street parking lot after Hardy punched him.

Syster was found face down in a puddle and the cause of death was ruled as drowning.

In court, Andrews said while he could prove that Hardy punched Syster, there is no way to prove the punch led to Syster’s death. Andrews described the water Syster was found in as a “pool,” and said that was several feet away from where Hardy threw the punch. There are no witnesses or evidence to show how Syster got from the spot where he was punched to the spot where he was found. Syster was also very drunk when he died.

“The state would have had a very hard time showing the nexus between the punch and the defendant falling in that pool,” Andrews said. “We believe the state can prove the assault, but we cannot prove the assault caused the victim’s death.”

For the complete story, read Tuesday's Vindicator and Vindy.com