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youngstown City man draws 23-years-to-life sentence for murder
Judge overrules Earl Charity’s attempt to withdraw his guilty plea
YOUNGSTOWN
The man who pleaded guilty last week to stabbing and slashing a 32-year-old Cleveland man before shooting him dead in June tried to withdraw his plea.
It was an attempt by Earl Charity, 32, of Harlem Street, to avoid justice in the grisly death of Oscar Caywood of Cleveland, said Judge R. Scott Krichbaum of Mahoning County Common Pleas Court, who overruled the motion Monday.
Judge Krichbaum sentenced Charity to 23 years to life on the aggravated-murder charge, three years of which is a mandatory three-year sentence for using a firearm. Prosecutors dropped additional robbery and illegal firearm possession charges as part of the deal. Because Charity’s plea was secured, he has no right to appeal.
Speaking to the court, Charity apologized to Caywood’s family as well as his own. Caywood was reportedly a promoter for Charity, who is a rapper.
“I never wanted that to happen to him,” Charity said. “I never chose that to happen to him. He was a good friend.”
Investigators who found Caywood in a bloody Wilson Avenue garage on the city’s East Side said the man was covered in deep gashes and stab and bullet wounds. They believe the man was still alive while being cut.
Officers shortly after arrested Charity and co-defendant Juan Phillips, 34, who were covered in blood and carrying Caywood’s money and jewelry. They also found bloody-edged implements, including a meat cleaver, and 10 guns in the garage and in Charity’s vehicle.
Phillips pleaded guilty to involuntary manslaughter last month and is set for sentencing next week.
It was the second fatal shooting with which Charity was involved. He was on parole when Caywood was killed June 18, having served seven years for a 2009 shooting death and for shooting up a home in 2010. He may face an additional, consecutive sentence for violating his parole.
Judge Krichbaum said he was “tempted” to let Charity vacate his plea and take the case to trial, but he trusted in attorneys’ negotiations, which defense attorney Ronald Yarwood said were “significant.” Prosecutors also objected to the motion.
“What happened to the victim demands a far greater sentence and a more appropriate fire-and-brimstone speech,” Judge Krichbaum said.