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Do IT this week: Layering
Teen's refusal to testify in slaying results in more time behind bars
By Rick Armon
Beacon Journal staff writer
Published on Saturday, Oct 27, 2007
Tyree Feaster kept his mouth shut.
And that decision will end up costing him another three years behind bars.
Feaster, 17, refused to testify as a witness in a high-profile, gang-related murder trial, vexing Summit County Common Pleas Judge Brenda Burnham Unruh and resulting in the defendant walking free this week.
The judge, who had found Feaster guilty of contempt of court for his refusal to testify, sentenced him Friday to three years in state prison on top of the nearly four years he's expected to serve in a juvenile detention facility for his role in the Jan. 26 slaying.
''What is so troubling about this whole matter is that you feel you are above the law,'' Unruh told Feaster before the sentence.
Feaster, shackled in banana yellow chains that clinked as he walked, made no comment and showed no emotion as the sentence was imposed.
Shawrica Lester, 18, was shot to death outside the Cage nightclub on East Market Street in Akron as she was walking to her car. Police said she was caught in an exchange of gunfire by rival gangs after a fight broke out inside the club.
Feaster was one of five teens arrested in the slaying.
In April, after two witnesses failed to appear at his murder trial, Feaster pleaded guilty to delinquency charges of involuntary manslaughter, felonious assault, criminal gang activity and aggravated rioting. He was sentenced to state custody until age 21.
He also agreed to ''provide full information'' to authorities regarding the case, but there was no written agreement that he would testify.
Defense attorney Jana DeLoach called it ''reprehensible'' and ''downright dirty'' that he faces additional prison time.
''My client took responsibility for his actions in this matter, . . . He did everything he was asked to do,'' she said.
However, Unruh said that Feaster had a legal obligation to testify when asked, just as any witness would.
The victim's mother, Sandra Lester, was unhappy with Friday's result. She wanted a more severe penalty, and said Feaster was not testifying to remain loyal to fellow gang members.
She said she would be satisfied only if he testifies.
Earl L. Davis, 16; Lloyd L. Burnside, 16; Dominique Adams, 17; and Recardo Travis, 18, also were charged in the fatal shooting.
Travis was released from custody after Feaster refused to testify at his trial. Feaster also refused to testify in Davis' murder trial in Juvenile Court this week. A verdict is pending in that case.
According to Feaster's plea agreement, Juvenile Court Judge Linda Tucci Teodosio also has the authority to impose a suspended adult sentence of 10 years for manslaughter and three years for a gun specification. She will hold a hearing on that issue Nov. 19.
The three-year sentence given by Unruh would be served consecutively with any time he receives from Teodosio.
Prosecutors also have said they plan to seek another indictment against Travis.
Rick Armon can be reached at 330-996-3569 or rarmon@thebeaconjournal.com.
Tyree Feaster kept his mouth shut.
Get the full article here.
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