43
The defendant took the stand in his own defense
By Joe Gorman
YOUNGSTOWN
A jury in Mahoning County Common Pleas Court found a local man not guilty of aggravated robbery, aggravated burglary, kidnapping and felonious assault charges.
The jury returned its verdict late Wednesday afternoon after about two hours of deliberations.
Earlier Wednesday, Alexander Jimenez, 20, testified in his own defense, saying he was shot by a man he knows only as “Joe” after a dispute over marijuana last September at a North Truesdale Avenue home on the East Side.
Judge Anthony D’Apolito, however, must still rule on a repeat violent-offender specification pending against Jimenez and an additional criminal count. A court spokesman said he expects that ruling sometime today.
Testimony began Tuesday after jurors were picked Monday. Closing arguments were Wednesday afternoon.
The prosecutor’s office had put before jurors a different theory of the crime. Prosecutors claim Jimenez forced his way inside and was then shot by the woman who owns the home in self-defense, with her using two guns she had inside.
Prosecutors said Jimenez forced his way inside by grabbing the woman’s boyfriend from behind and holding a gun to his head when he went outside to take out the trash.
When the boyfriend got inside, he shouted a warning and fell to the ground. The woman, who has a concealed-carry permit, then shot Jimenez three times.
He fled and got a ride to the hospital, where he was interviewed by detectives. He told them, however, he was shot by a group of people walking down the street.
Jimenez testified he had been supplying the woman’s boyfriend and the man known only as Joe with marijuana, and he was at their house smoking marijuana with them Sept. 25, 2016, and watching movies before he asked for a ride home.
When he got up, Jimenez said the woman accused him of “shorting” them, or not giving them the promised amount of marijuana in the past, and the man named Joe pulled a gun. Jimenez lunged for the gun, the pair struggled, and it went off.
Jimenez said the third man ran away and he did, also, and managed to get a ride to the hospital.
Prosecutors said Jimenez’s blood was collected at the crime scene and his DNA was found on a gun that was left behind.