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Charge reduced in homeless man's death
By Joe Gorman
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 Monday in Mahoning County Common Pleas Court to a charge of aggravated assault in 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 already has 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 though 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.”
Defense attorney Tom Zena said autopsy results also showed the punch Hardy landed did not cause serious physical harm to Syster or his death. Zena also said there are no witnesses or other evidence to show how Syster fell into the puddle.
Hardy declined to speak before he was sentenced.
Also sentenced for his role in the case was Robert Reed, 53, on a felony charge of obstruction of justice.
Andrews said Reed was on hand prepared to testify but because his testimony was not needed he asked to be sentenced.
Andrews said Reed was questioned by police immediately after Syster’s death and at first lied to investigators before telling the truth.
He spent a year in jail waiting for trial and Judge Sweeney sentenced him to time served.