Man sentenced for his role in Winona Drive homicide

July 21, 2015 at 12:00a.m.

YOUNGSTOWN

One of 15 people indicted in connection with their role in the death of a teen during a brawl on Winona Drive last August was sentenced to eight years in prison Monday.

The sentence for David Belton, 33, in Mahoning County Common Pleas Court, was handed down by Judge Lou D’Apolito, who is the judge presiding over the cases for all accused of taking part in the death of Shawn Cortez on Aug. 17.

Belton pleaded guilty April 27 to charges of aggravated riot, aggravated assault and involuntary manslaughter.

Under the terms of the plea agreement, Belton must serve 41/2 years of his sentence before he is eligible to ask for judicial release. Assistant Prosecutor Martin Desmond said when Belton makes his request, prosecutors will oppose it because of his conduct that day.

Cortez was killed during a prearranged fight Aug. 17 that was set up by text message and Facebook after a fight the day before between the two families. Desmond said the two groups had been arguing for more than a year.

Cortez was in a home on Winona Drive with other people, including Belton, when the other group came onto the street looking to fight. At first, that group left, then was challenged in the street to fight by the group Cortez was in. That group ran after the first group, and several shots were fired, one of which struck Cortez.

There was another volley of shots right away, and Desmond said Belton chased the group to Glenwood Avenue with his gun, then fired eight rounds at them. Police collected the shell casings and matched them to a gun of his that they got a few days later.

The entire sequence was captured on video by two women who also pleaded guilty for their roles in the death of Cortez. Two of the 15 who were charged in the death of Cortez – brothers Dejon Jenkins, 19, and David Jenkins, 18, – have each been charged with murder and are set for trial next week. They are the last two people whose cases still are pending.

Belton said he was ready for his punishment.

“As a man, I would accept responsibility for my actions, but I would also ask for leniency,” Belton said in a handwritten statement he read just before he was sentenced.

Judge D’Apolito said he was almost overwhelmed with the amount of letters he got from people who wrote on Belton’s behalf.

“I’ve received more letters on his behalf than any other defendant,” Judge D’Apolito said.

Belton will receive credit for the almost one year he has served in the county jail while awaiting the outcome of his case.