LISBON - Although murder suspect J.C. Amato Jr.'s trial is still more than two months away, one of the first officers on the scene was able to testify during a court hearing held Friday.
Former Wellsville police officer Mike Garber, who now works for the Perry Township Police Department, was in Columbiana County Common Pleas Court to give his deposition in the Amato Jr. case because he expects to be in Iraq by the time the trial begins on Aug. 18. Garber is in the Army Reserves and his unit has been called to active duty.
Amato Jr., 37, has admitted shooting his wife, Tonia, at their Wellsville home on July 1, 2007, but claims it was in self-defense after she shot at him with a handgun while they were arguing. Garber said he was off-duty that day when officer Joe Rayl advised him there had been a shooting at the Amato Jr. residence.
The officers went to the house and were met at the kitchen door by Amato Jr.'s father, Dr. Jack Amato, who told them his son was in the living room. Amato Jr. was sitting on the couch, holding a gun in his hand, and he reportedly told the officers, "She came at me. I had to do it."
Amato Jr. put down the handgun after being ordered to do so, and the officers spotted Ms. Amato lying face-down next to the couch in a pool of blood, with her right hand over a small pistol and a finger resting on the trigger. The gun was cocked.
After Amato Jr. was taken into custody, Garber said they asked the visibly shaken Dr. Amato to check his daughter-in-law for any signs of life, which he did. "(Dr. Amato) paused and said I think she's gone, and then he left the room," Garber said.
EMTs and other officers began arriving, so Amato Jr. was taken back to the police department. Garber said he advised Amato Jr. of his Miranda rights after placing him in the cruiser but didn't question him, leaving that to others.
At the police department, Amato Jr. began speaking voluntarily about what had occurred, so Garber said he started recording his comments on his cell phone, although it was periodically interrupted whenever he received a call. The recording was later transferred to disc.
According to Garber, Amato Jr. told them he was asleep on the couch and awoke "with a gun in my face." Amato Jr. then reportedly said he was sitting on the couch arguing when she tried to shoot him, saying he could feel the air pass by from his wife's errant shot. Amato Jr. said he returned fire and "dropped" her with a perfect shot to head. She was shot between the eyes, resulting in an exit wound in the back of her head.
Garber said Amato Jr. also made comments to the effect that despite what transpired, his 25-year-old wife planned to stand by him and "she wasn't leaving me and running off like my first wife did."
Amato Jr. had blood on his hands, which he said came from lifting his wife's head to determine if she was still alive. After police officers refused Amato Jr.'s request for permission to wash his hands, he reportedly told them he "felt like Lady Macbeth."
This could be a reference to Shakespeare's "Macbeth," and one of the lines from the play is "Out, damn'd spot! Out I say!" Lady Macbeth's husband killed the king of Scotland, and she speaks this line while imagining that a spot of the king's blood stains her hand.
Posted: 4:20 pm EDT May 19, 2009Updated: 11:45 am EDT May 20, 2009
STEUBENVILLE, Ohio -- Because of a delay in receiving crucial lab results, prosecutors have dismissed a murder charge against a Jefferson County man accused of killing a baby.Joseph Kyle Moran, 25, of Richmond, was arrested on March 16 and charged with two counts of murder in connection with the death of 18-month-old Christopher Joy Jr.Prosecutor Thomas Straus said his office had to drop the murder charge against Moran because Moran's right to a speedy trial was in jeopardy.Straus said his office doesn't have all the evidence it needs to move forward with the trial and it likely won't have it until at least mid-June.But, by mid-June, the 90 days prosecutors have to present a trial would be up. So, to avoid the speedy trial timeframe from expiring, Straus said he had to file a motion stating "dismissal of this case is necessary pending the completion of the autopsy report and laboratory analysis of evidence."The dismissal means the countdown for a speedy trial stops. So, if Straus were to recharge Moran once results come in, prosecutors would have about 30 days to go to trial."We have evaluated this thing thoroughly and find that this is our only option to be fair, not only to the defendant but the state of Ohio," Straus said.Moran was released from the Jefferson County Jail on Tuesday.The baby died in March at his Richmond home of blunt force trauma. Moran was dating the baby's mother and was alone with the baby when he suffered fatal injuries, police said. When emergency crews arrived at the home, they said the baby was dead, his body covered in bruises.The autopsy and lab results are coming from Cuyahoga County. Once those are in, Straus said investigators will reassess the case and determine is Moran will be recharged.Straus said, at this time, prosecutors do intend to recharge Moran, but if the evidence they need doesn't come through, Moran could remain free.Stay with NEWS9 and WTOV9.com for continuing coverage.
LISBON - Family members on both sides of the aisle wept quietly after hearing the jury's verdict in the Eric Dillard murder case: guilty, guilty, guilty.
"I don't know if I can even find the words," victim Jamie Farley's mother, Terri L. Farley Davis, said afterwards.
The jury of eight women and four men found the 31-year-old Dillard guilty on all charges in the indictment: murder, a gun specification and having weapons under disability in the April 22, 2008, shooting death of Farley, a 35-year-old East Liverpool resident.
They deliberated a little under five hours over a two-day period, flipping a light in the Columbiana County Common Pleas courtroom at 11:25 a.m. Friday to indicate a decision had been reached.
Judge C. Ashley Pike read the verdict at 11:45 a.m. and ordered Dillard taken to the county jail immediately after revoking his $250,000 cash bond, which had been posted at 10 percent with electronic monitoring, allowing him to stay home while the case was pending.
County Prosecutor Robert Herron requested the bond be revoked in light of the guilty verdict for such a serious offense, with defense attorney Doug King asking that the bond remain since he didn't violate the terms.
Pike scheduled sentencing for 10 a.m. June 29. Dillard could face a possible minimum prison term of 18 years to life or a maximum term of 23 years to life. The gun specification for using a gun to facilitate the crime requires a mandatory three-year term which must be served consecutive to any other term. When combined with the 15 years to life for the murder charge, that accounts for the 18 years.
The weapons disability charge, which stems from him being prohibited from possessing, owning or using a firearm due to a previous drug conviction, carries a possible sentence of one to five years.
Herron said Dillard's previous felony conviction for preparation of drugs for sale is an "appropriate sentencing consideration by the court. What the court's decision will be, we don't know."
Before the verdict was announced, Pike addressed the gallery and asked that family members and friends of both the victim and defendant refrain from displaying physical or verbal reaction, warning that a violator could risk contempt and land in jail. He thanked them for the good cooperation over the course of the trial which began May 5.
The packed and tense courtroom included three uniformed courthouse security officers, three uniformed deputies from the Sheriff's Office, a Sheriff's Office detective, Wellsville Police Chief Joseph Scarabino and numerous representatives of the prosecutor's office. Sheriff Ray Stone and more deputies remained in the hallway.
No problems occurred, with jurors dismissed after being polled individually to confirm the guilty verdicts. The victim's family was ushered out of the courtroom and upstairs to the prosecutor's office, followed by the exit of Dillard's supporters, who were crying as he was placed in handcuffs.
"I love you Eric," his mother said softly between tears.
Relief could be seen on the faces of Farley's family members, which included his three sisters, a brother, a brother-in-law and one of his daughters, besides his mother.
"We're going to go celebrate Jamie's life. We can remember him and celebrate him," his mother said. "This whole thing is a tragedy."
Herron and county Chief Assistant Prosecutor John Gamble both noted there were a lot of emotions on both sides and Dillard's attorneys raised a vigorous defense.
Dillard claimed Farley had been threatening him over a clothing business deal they had together and carried a gun. When Farley came to his residence at 906 Commerce St., Wellsville after a heated phone conversation, Dillard pointed a gun at him and told him to leave. After he left, Farley came back and that's when the shooting occurred. He died from two gunshot wounds to the chest and abdomen.
Dillard claimed self-defense from the get-go and said he was defending himself and his family, which included his girlfriend Trisha Miller and their then 2-year-old son Eric, known as Little E, claiming they were getting into their Hummer when Farley came from behind the vehicle. He testified that Farley came toward him with one hand behind his back and kept coming as he pointed the .40-caliber pistol at him and told him to get down.
No evidence was ever found to indicate Farley had a gun and his girlfriend, Shirley Jo Hackney, who was at the scene, said they had no weapons. She was driving the car. Other passengers included her mother and her two young children.
When contacted by phone, defense attorney James Hartford said he and King spent some time consoling Dillard's family after the verdict and met with Dillard at the county jail outside Lisbon.
"His family's devastated. My heart goes out to them," he said.
Dillard has a right to appeal, which Hartford said they'll help him do, but they suggested he hire appellate counsel to handle the case.
"Obviously we were kind of stunned by the verdict," he said, saying the story of this case was Eric Dillard. "He consoled us when we were at the county jail."
Hartford said his client stood by his actions of April 22, 2008, saying he did what he felt he had to do. He was ready to take the consequences then and he's ready to take them now. When asked about the jury's decision, he said "one guy had a gun and one guy didn't." They couldn't prove the existence of another gun, but he said they're still working the case until they're told not to.
Both Hartford and Herron talked about the tough job the jury had in deciding the case.
"It's a tough case for a jury when you have self-defense raised. Their verdict is entirely consistent with the evidence," Herron said.
"We were hopeful that the jury would see the evidence the way they apparently did and apply it to the law," Gamble said.
He offered thanks to the efforts made on behalf of the case by Scarabino and his staff, including several young officers who performed well under the microscope. Both he and Herron said the chief's efforts contributed to their preparation and the preparation of his officers to testify.
Herron said a case like this one, with a person held accountable for their actions, sends a message.
"We don't allow frontier justice. Once we allow that to happen, then our system breaks down," he said.
Security tight for murder trial
By MARY ANN GREIER
mgreier@reviewonline.com
LISBON - With people filling the Columbiana County Common Pleas courtroom during the Eric Dillard murder trial and family members of both sides crossing paths outside, security has noticeably increased.
"We have to increase our presence," courthouse security chief Eric Moore said, noting security officers have had to increase their work hours since the trial began last Tuesday.
"We have to monitor not only vigilant in the courtroom, but what's going on around (the hallways) and outside," he said.
Apparently a member of victim Jamie Farley's family approached Dillard in the parking lot after court one day last week, prompting Dillard to report the incident to security. Dillard is on trial for murder and having weapons under disability for the April 22, 2008, shooting death of Farley outside Dillard's Wellsville residence.
Since posting bond, he's remained out of jail while awaiting trial under a condition of electronically-monitored house arrest, meaning he can't leave his house unless he's making a court appearance or meeting with his attorneys in their East Palestine office.
The mother of the victim, who has been attending the trial every day with other family members, questioned how he can be permitted to walk around outside during breaks and not be made to steer clear of them.
Moore said he raised the issue with the attorneys about Dillard being permitted to walk freely around the square in Lisbon during breaks and was told he's not restricted.
Jurors wear buttons indicating their status as jurors when they're out for breaks and lunch so that people involved with the trial don't approach them. Several times, family members from both sides have had to walk past each other in local restaurants or on the street, causing emotion for both sides.
One security officer remains in the courtroom at all times during the trial, with another one monitoring security cameras and handling other matters in the other courtrooms. The front door includes another pair of security officers, handling entry into the courthouse and watching the area outside. They've been collecting cell phones which have been restricted from the second floor.
Common Pleas judges instituted a policy last year restricting the use of cell phones on the second floor after someone in a courtroom used one to take a photograph during a criminal court proceeding. During opening arguments last week, a cell phone went off in the courtroom of the Dillard trial, prompting security to go a step further and prohibit cell phones from being on the second floor - period.
LISBON - The trial for one murder defendant has led to a new trial date in a weapons case against another murder defendant.
Defense attorneys for Jack (J.C.) Amato Jr. sought the continuance this week in the weapons case filed against their client, who's also facing a jury trial for charges of murder and one count of having weapons under disability in the July 1, 2007, shooting death of his wife, Tonia.
The separate weapons indictment, which came after the murder indictment, includes an additional five counts of having weapons under disability and one count of possession of a dangerous ordinance, all felonies.
A status hearing had been set for Monday, with the jury trial scheduled to begin May 19 before Judge C. Ashley Pike of Common Pleas Court for the weapons case.
Amato's defense attorneys, James Hartford and Doug King, though, are in the middle of a murder trial which their motion, filed by defense attorney Nicholas Amato, said was going to last a lot longer than anticipated. The trial for their client Eric Dillard began this past Tuesday and will continue through part of next week, leaving just a few days before the start of the weapons trial, not to mention the status hearing which was already going to be bumped by the Dillard trial.
"Counsel for the defense will be unable to adequately prepare for trial in this matter," the motion for continuance said.
Pike granted the motion, setting a new trial date of Sept. 15.
The murder trial against Amato remains set for Aug. 18, with a status hearing at 9 a.m. Aug. 10.
Like Dillard, Amato is claiming self-defense. He claimed his wife fired a gun at him first after they argued, then he shot her with a .45-caliber handgun.
He had been released from jail after his father posted bond and had been confined under electronic monitoring at his father's Irondale home awaiting trial when a search related to the murder investigation revealed guns and an alleged pipe bomb in his bedroom. The discovery resulted in the additional weapons charges.
The prosecution in both Amato cases is being handled by Special Prosecutor Lynn Grimshaw, who was appointed when county Prosecutor Robert Herron recused himself due to a conflict.
LISBON - They heard gunshots; they saw Jamie Farley lying in the intersection as a crowd gathered at one end of Commerce Street, and they saw Eric Dillard surrender at the other end of the Wellsville block.
Witnesses testified to the details of what they knew as testimony began Wednesday in the jury trial against Dillard, the 31-year-old Wellsville resident charged with killing Farley, a 35-year-old man from East Liverpool who showed up at his house concerning their clothing business venture.
The state called 11 witnesses to the stand in Columbiana County Common Pleas Court, with county Chief Assistant Prosecutor John Gamble advising Judge C. Ashley Pike they were about halfway through their list, with several scientific witnesses remaining.
Once the prosecution is finished presenting evidence to support the elements of the charges against Dillard, the defense team will present its own evidence to support their client's claim of self-defense. The trial is expected to last into next week.
Dillard was indicted last year for one count of murder with a gun specification and one count of having weapons under disability for the April 22, 2008, shooting in front of his house. If convicted, he could face 15 years to life in prison for the murder charge.
The last witness of the day was the first to report hearing and seeing the event as it happened. Eddie Mercer said he was hanging out on the wall near his home on Commerce Street waiting for his friend John Crawford, who was walking up Commerce Street from Ninth Street. Once he arrived, Mercer said they could hear some arguing on Commerce Street, but they couldn't really see anything.
Then they heard what sounded like gunshots - pop, pop, pop, pop - and saw it get bright down there. He wasn't sure if it was headlights from a car or what it was. About five or six seconds later, a car traveled down the street with the door open, and when it turned the corner onto 10th Street, a man fell out onto the street.
Mercer told Crawford to get his mother as he ran over to the victim, who he said told him, "Man, I think I'm gonna die."
He took his shirt and placed it on the wound, and his mother came over and held the shirt as he yelled at police officers he saw at the other end of the street toward Ninth Street. Then he saw Lt. Ed Wilson and Patrolman Marsha Eisenhart arrive on the scene from 10th Street.
Mercer's mother, Robin, had no medical training, but said she applied pressure to the wound on the victim's abdomen. He told her he couldn't breathe and she told him to lie still. She couldn't recall his saying anything else, although both Eisenhart and Wilson testified that Farley said Dillard shot him.
Just prior to the shooting, Wellsville Patrolman Tony Mancuso said he and fellow officer David Anderson stopped for dinner at DaLonzo's Restaurant when they received a call at 9:58 p.m. for shots fired at the Dillard residence.
Mancuso testified that he saw the defendant standing in front of his house with a gun in his right hand; he put his hands in the air, put the gun on the ground and then put his hands back up and walked toward the police cruiser. Dillard said he was the one doing the shooting.
Mancuso also testified that the gun, later identified as a .40-caliber semi-automatic handgun, was jammed, with the slide locked back and a round in the chamber, which he turned over to Anderson, who then turned the weapon over to Wilson. He heard people yelling and screaming at the other intersection and saw Eisenhart talking to the victim.
During a search of a field across the street from Dillard's and in between the houses on the street, Mancuso said nothing was found. Anderson, who no longer works for the department, said Dillard told him he shot Farley. Dillard said he was scared and knew Farley carries guns and then told him about their business and how the landlord wouldn't let them inside the building to get their merchandise.
They had a verbal altercation; Farley went to leave, then he said he came back with his hands in front of his pants. Then he shot him.
According to Anderson, Dillard said,"'I got sick of him threatening me."
Anderson also noted that Dillard was caught using a cell phone in the back of the cruiser while he was handcuffed, and the phone was confiscated. Gamble asked both him and Mancuso if they had received any calls earlier indicating the defendant had been threatened by anyone, including Farley, but they said no.
Under cross-examination, he also indicated he received no calls about Farley having a gun pulled on him. All the officers indicated a crowd had gathered before they arrived, and some time passed before some of the searches were conducted at the scene, including a search of the sewer drains on 10th Street where Dillard's girlfriend said she heard a gun might have been tossed. No gun was found during an initial search or after a camera was placed into the drains.
Both Eisenhart and Wilson were on another call at the cemetery on 10th Street when they reported hearing two gunshots and then a call on the radio for shots fired. At the scene, she said they determined Farley's girlfriend, Shirley Hackney, had been driving the car. Two children were in the back seat, and Hackney's mother, Andrea, also was there. At the time, Wilson said he didn't know who they were, but he placed them and a third woman in a cruiser because they were creating a ruckus.
A retired Sheriff's Office deputy, Larry Paynter, lived in the neighborhood and heard a commotion outside, so he went to investigate. He offered to help Eisenhart with the crowd and testified about the size of the crowd and the women screaming and acting up.
In earlier testimony, Trooper Christopher T. Jester of the Ohio State Highway Patrol told how he created a diagram of the scene. During cross-examination by Hartford, he used a calculator and ruler to create two scaled drawings of the car the victim had been inside and of a 2008 Hummer H3, then used scissors to cut them out. They weren't in the scene when he made his diagram.
Farley's mother and other family members became visibly upset during the morning session when defense attorney Doug King had a photograph of the deceased victim on the podium and they saw it. During testimony of Dr. William Graham Jr., the county coroner, King asked him to read the list of scars and identifying marks on the autopsy report. The list included tattoos depicting the sun, the name Jamie and the words "Thug life."
Graham said Farley's cause of death was multiple gunshot wounds, and the manner of death was homicide, which he defined as "deliberately taking of another's life."
Other testimony dealt with court records about Dillard's prior drug charge which prohibited him from having weapons. Tod Mumpire, chief deputy systems administrator for the county Clerk of Courts, and probation officer Mike Rosta both testified about the prohibition.
