Prosecutors have dismissed charges against an Akron man who recanted his guilty plea in connection with the 2007 shooting death of an 18-year-old woman.
Citing an “epidemic of amnesia” by eyewitnesses and law blocking Summit County prosecutors from using Tyree Feaster’s guilty plea against him, the case was dismissed Thursday, ending years of appeals.
Feaster had pleaded guilty to involuntary manslaughter and other charges related to the death of ShawRica Lester, an innocent bystander killed when gunfire erupted in a crowded parking lot outside the Cage nightclub in Akron. He is serving a 13-year sentence.
In a statement to the media, Prosecutor Sherri Bevan Walsh said the state’s case against Feaster is now too weak to go to trial. She left the door open for a future indictment, if more evidence surfaces.
“The lack of witness cooperation means ShawRica and her family will not see the justice they deserve,” Walsh said.
On Thursday, prosecutors outlined their lack of witnesses, who once bolstered their case. The witnesses included bystanders to the brawl and co-defendants. Some witnesses had previously given statements identifying Feaster as the shooter.
The witnesses, most of whom are now in prison, met recently with investigators and either denied making previous statements to police or said they were mistaken. Each said they would sit silent, if called to testify as state witnesses against Feaster.
“The epidemic of amnesia by the few eyewitnesses who were once willing to come forward, the refusal to cooperate by those who have now changed their stories and a fear of cooperating that appears to be consuming the witnesses and residents of Akron who were present at the time of this victim’s tragic death have rendered the state of Ohio unable to present its case against Feaster,” assistant prosecutor Brad Gessner wrote in the motion.
Seeking immediate release
Jana DeLoach, Feaster’s attorney, said her client never confessed to the killing and denies any responsibility. DeLoach, who appealed the case with co-counsel Robert Meeker, said they intend to file a motion seeking Feaster’s immediate release from the Mansfield Correctional Institution.
“I’m ecstatic,” DeLoach said. “We’ve been waiting years for this. It just shows that perseverance is a must in the practice of law.”
Prosecutors contend Feaster’s plea amounts to an “admission of guilt.” In court papers filed by prosecutors, Feaster also admits to firing several shots into the air and into a crowd. It’s unclear where the bullets landed. Opposing gunfire also rang out.
“Once I fired off into the air, everybody backed up, then they ran back up like they was ready to run back up on us again to fight, so I shot two shots off into the crowd,” Feaster told investigators, according to court papers. “After that, I emptied out the rest of it into the air. Then I took off running and threw the gun inside a graveyard.”
DeLoach said evidence suggests someone else in the crowd fired the shot that killed the girl. She contends that Feaster has never admitted to killing Lester.
“Someone else is getting away with murder, but it’s not Tyree Feaster,” DeLoach said. “His bullet did not kill her.”
Flurry of appeals
In January, the Ohio Supreme Court ended years of appeals when it ruled prosecutors must retry Feaster, now 22, because of a procedural error committed when he was sentenced in 2007 after pleading guilty to involuntary manslaughter, felonious assault and gang and aggravated rioting charges.
A murder charge was dismissed in the plea agreement, and he originally was sentenced to four years — until he reached age 21 — in a state juvenile detention facility.
However, based on Feaster’s refusal to testify against a co-defendant and his conduct while in juvenile custody, Judge Linda Tucci Teodosio extended his sentence to 13 years under the state’s Serious Youth Offender law.
A flurry of appeals followed.
In August, the 9th District Court of Appeals found Teodosio failed to inform Feaster that his sentence included five years of parole once he was released from prison.
At the same time, the appellate judges granted Feaster’s request to withdraw his guilty pleas.
“We are prohibited from using Tyree Feaster’s own admission of guilt in a new trial, and none of our original witnesses are willing to truthfully tell the court what happened the night ShawRica Lester was killed,” Walsh said. “Without witnesses, we do not have a strong enough case against Feaster.”
Phil Trexler can be reached at 330-996-3717 or ptrexler@thebeaconjournal.com.
