Hearing today on plea deal for man convicted in Rowan Sweeney murder
YOUNGSTOWN — An ex-Mahoning County prosecutor and two Struthers police officers were subpoenaed for possible testimony today in a hearing on whether one of the three men in the Rowan Sweeney killing gets a longer prison sentence than promised.
A hearing for Kimonie Bryant, 27, may result in testimony from former assistant prosecutor Mike Yacovone and Struthers police captains Matt Haus and Dan Mamula; all three were subpoenaed to attend the hearing. It is not known whether they will testify.
Yacovone, who is in private practice now, was a lead prosecutor in the case. Haus and Mamula were the lead detectives in the case. In addition to Bryant, the case involves Brandon Crump Jr., 21, and Andre McCoy Jr., 24. Crump went to trial and was convicted. McCoy took a plea and testified in Crump’s trial.
Prosecutors have said Rowan Sweeney, 4, was killed and four adults were shot Sept. 21, 2020, in a home on Perry Street in Struthers when Bryant and Crump went to the home to commit a robbery, but Crump went inside, shot everyone in the house, took the cash and returned to a car driven by Bryant, and they departed in the car.
The purpose of today’s hearing is to address a filing by Bryant’s attorneys, John Juhasz and Lynn Maro, a month ago asking that Judge Anthony D’Apolito either find that Bryant violated the terms of his plea agreement and set Bryant for trial or find that Bryant did not violate his plea agreement and enforce all of the terms of the agreement.
Bryant’s plea agreement called for Bryant to testify against Crump at Crump’s aggravated murder trial, but prosecutors did not call Bryant. Crump was convicted of all charges anyway.
Prosecutors later stated in a filing the reason they did not call Bryant to the stand is that Bryant lied about some details Bryant promised to testify truthfully about in his plea agreement.
Prosecutors also stated in their filing in April that they wanted to give notice to D’Apolito that they believe Bryant breached the terms of his plea agreement by lying about some details and that prosecutors now wanted to recommend that Bryant get a longer prison sentence than the 20-years-to-life in Bryant’s plea agreement.
A defense filing states that prosecutors want to recommend a 25-years-to-life sentence.
But the defense filing states that Bryant did not breach the terms of his plea agreement, and it “therefore needs to be enforced in its entirety.” The prosecution “received benefit from the agreement and obtained critical information which led to the conviction of Brandon Crump,” it states. Bryant “remained ready to testify throughout the Crump trial.”
The defense filing states that no one involved in the case wants to see it drag on any longer, which is apparently a possibility depending on how this issue plays out.
The lie prosecutors allege Bryant told is that he never got any of the proceeds of the robbery. A prosecution filing states that Bryant admitted just prior to Crump’s trial that he did get some of the proceeds of the robbery the same night as the robbery and shootings.
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