Defendant complaints of treatment
By Joe Gorman
YOUNGSTOWN
Jawon Hymes told Judge Lou A. D’Apolito on Thursday that his speedy-trial rights are being violated.
One of three men charged in the Nov. 14, 2015, homicide of Thomas Owens, 33, Hymes, 25, was balking at providing a DNA sample in Mahoning County Common Pleas Court – even though Judge D’Apolito agreed to defense requests to have the DNA tested by a company of their choosing rather than the state.
Hymes said he has been in the county jail since his arrest in November, and he should not have to wait that long to have a trial.
He also said his rights are being violated because he is being held on a high bond, and he cannot understand why he is being treated like he is guilty even though legally he is innocent at the present time.
“We’re being treated as guilty,” Hymes said.
All three are set for trials in October. Judge D’Apolito said one of the reasons Hymes’ case is taking so long is because the DNA tests are being sent to a private company, as Hymes and his co-defendants requested. The judge said those tests take time to complete.
“I tried to do what you wanted,” Judge D’Apolito said. “You can’t have your cake and eat it, too.”
Hymes, along with Leonard Savage, 21, and Jason Heard, 20, are charged in the death of Owens, who police said was shot and killed early Nov. 14 as he sat in a car with three other people in the 500 block of West Myrtle Avenue.
Prosecutors had asked for DNA samples from all three men to confirm evidence found on shell casings used in the crime. But the defendants asked that the testing be done by a private company, and the judge granted their request. The three were brought to the courthouse from the jail to have swabs taken, but Hymes balked and asked to see the judge.
Hymes complained that his attorney, Lou DeFabio, also kept him out of several status hearings and scheduling conferences, which Hymes claimed was a violation of his rights under Ohio law to be present at every court proceeding. DeFabio said he provided Hymes with case law from several cases that says a defendant only has a right to be present at hearings that are on the record, not for matters such as scheduling. The judge agreed with DeFabio, saying the state Supreme Court has upheld that practice.
Hymes said he has waited too long to go trial, and also that his bond is excessive. Court records show, however, that Hymes is being held without bond.
DeFabio said even if Hymes could post bond, he has a federal detainer on him for violating his probation in a federal case and would not be freed because authorities would take custody of him. Hymes insisted on a bond hearing, and Judge D’Apolito said he would give him one. Judge D’Apolito said several factors, including the seriousness of the crime and the defendant’s past record, are taken into account when bond is set.
Hymes and his co-defendants refused to give the swabs, so the judge allowed them to confer with their lawyers and said if they did not comply, they would still have to give the swabs but they would be sent to the state to be tested instead. Eventually, all three men agreed to give DNA samples.