Cemetery shooting case sent to grand jury

By Joe Gorman

jgorman@vindy.com

YOUNGSTOWN

The man who police say was attacked at his wife’s burial service June 3 in Tod Homestead Cemetery and shot a man in self-defense testified that angry words started with his wife’s sister before the service even began.

Dwayne Brown testified in a preliminary hearing for Richard Harris in municipal court that Bonnie Weaver, the mother of Richard Harris, 25, of Cincinnati, who is facing a felony count of carrying a concealed weapon as well as misdemeanor assault, was exchanging text messages with him before the service that went from friendly to volatile.

Weaver, 53, also was charged with assault. Judge Elizabeth Kobly bound the felony charge against Harris over to a Mahoning County grand jury after Friday’s hearing in municipal court.

Weaver’s case is pending.

Police said Harris took a gun to the funeral, and he and his mother attacked Brown. During the scuffle, the gun fell out of Harris’ clothes. Police said Brown picked up the gun and shot Harris in the arm. Harris was arrested after he was treated for his wound. He has been in the Mahoning County jail since. The grand jury also will consider the misdemeanor assault charge.

At the cemetery, Brown said Harris and his mother were berating him as the coffin containing his wife, Brenda Carol Weaver-Brown, was being lowered into the grave.

“I was trying to bury my wife that day,” Brown said. “His mother and himself were ranting and raving at the cemetery, pointing fingers, yelling and screaming, being obnoxious.”

Brown said he was walking back to a limousine provided by the funeral home when Bonnie Weaver told him, “we ain’t forgot about you.” Brown said he told them he did not want to argue, and then, they began beating on him.

“That’s when I got pummeled,” Brown said.

Brown said he was on the ground and being kicked and punched when he kicked Harris and a gun fell from around Harris’ waist area.

“We scrambled for the gun, in panic mode. I fired the gun, and Richard Harris was shot,” Brown said.

Under cross-examination from defense attorney Lou DeFabio, Brown said the gun fell when he kicked Harris but he didn’t see where it was before it fell. On redirect examination from Assistant City Prosecutor Kathy Thompson, Brown said the gun fell from Harris’ waist. DeFabio then asked him to clarify his statement, and Brown said the gun fell from the area around Harris’ waist.

Police did not charge Brown because they say he was acting in self- defense.