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Case dismissed when witness won't testify
By Ed Meyer
Beacon Journal staff writer
Published on Tuesday, Oct 23, 2007
An 18-year-old Akron man awaiting trial for the January shooting death of Shawrica Lester outside a teen nightclub was released from the county jail Monday evening after the charges were dismissed.
But Brad Gessner, head of the Summit County prosecutor's criminal division, said the case is anything but over.
Gessner said the police investigation into the Jan. 26 slaying is continuing and that an indictment for murder and other alleged offenses including criminal gang activity could be refiled.
Recardo Travis had been charged in a 10-count indictment in the fatal shooting, but all charges were dismissed Monday morning after the state's star witness, Tyree Feaster, 17, refused a judge's order to testify for a second time.
Defense attorneys pointed out that in the plea bargain resolving Feaster's case in juvenile court in April, there was no written agreement that he would testify in the Travis case.
Sandra Lester, the victim's mother, called Travis' release ''an injustice'' amid all that has gone on in the case.
''My daughter's life was taken,'' Lester said, ''and we have these guys here what you'd call gangbangers who are like running our city.
''It seems they're sending a message to people that if you (commit a crime) and just stay solid, there's nothing they can do to you. I'm very upset.''
Summit County Common Pleas Judge Brenda Burnham Unruh, who found Feaster in contempt, will sentence him Friday at 9 a.m.
Gessner said he did not have a time frame for refiling an indictment against Travis.
''But this investigation continues, and the hope is that Feaster receives a sufficient sentence . . . that would have him rethink on how to purge his contempt, which basically means having him testify,'' Gessner said.
Assistant County Prosecutor Michael E. Carroll moved for dismissal, saying in court records that the state would be unable to prosecute Travis without Feaster's testimony.
Carroll's recommendation to the judge if Feaster continues his silence was a five-year prison sentence. Carroll said the sentence should be on top of the one Feaster has begun from his case in juvenile court.
Travis leaves jail
Eight hours after Unruh's ruling to dismiss the charges, a beaming Travis walked out of the main entrance of the jail in street clothes. His mother, Kristen Bryant, ran up to him and embraced him as about 10 other family members and friends joined in celebrating.
Travis had been held in the county jail for six months in lieu of $100,000 bond.
Jonathan T. Sinn, Travis' lawyer, said prosecutors were wrong to file charges particularly for murder and gang activity in the first place.
At a three-day hearing in August, called by Juvenile Judge Linda Tucci Teodosio as a prelude for transferring Travis' case to adult court, Sinn said 12 witnesses testified for the prosecution.
''Not one of those witnesses could say Recardo had a gun at the scene on the night in question,'' Sinn said.
Sinn also said two Akron Police Department gang experts testified and neither one could present strong evidence that Travis was a member of a gang.
In fact, Sinn said, Teodosio ruled there was no probable cause for a charge of participating in criminal gang activity against Travis.
Feaster pleaded guilty to involuntary manslaughter, participating in criminal gang activity and other offenses in a plea bargain with prosecutors after two witnesses failed to appear to testify in his case. He was sentenced to a state juvenile detention facility until age 21.
Feaster's plea bargain, obtained by the Akron Beacon Journal after a public records request, shows juvenile prosecutors did not obtain a promise by Feaster to testify in any future proceedings.
Last week, Unruh found Feaster in contempt, threatening to send him to prison for life, after prosecutors subpoenaed him to determine whether he was willing to testify against Travis.
Feaster refused, citing his Fifth Amendment right to avoid self-incrimination.
But Carroll and Gessner, in an opinion shared by Unruh, contend Feaster no longer has a Fifth Amendment right after pleading guilty to his role in the crime in juvenile court.
Among the charges filed against Travis in the 10-count indictment were murder, felonious assault, participating in criminal gang activity, involuntary manslaughter and aggravated rioting.
Carroll, one of the county's most experienced criminal prosecutors, asked for dismissal of those charges without prejudice, meaning the government has the option of refiling charges later.
Victim caught in gunfire
Lester, 18, was killed during an exchange of gunfire by rival gang members outside the East Market Street club Cage on the night of Jan. 26, according to court records.
Carroll, in attempting to get Feaster to testify the first time, told Unruh that Lester was struck by two gunshots.
The prosecutor said one was to the upper chest, passing through the side of the right shoulder, and the fatal shot was to the back, piercing the heart.
Ed Meyer can be reached at 330-996-3784 or emeyer@thebeaconjournal.com.
An 18-year-old Akron man awaiting trial for the January shooting death of Shawrica Lester outside a teen nightclub was released from the county jail Monday evening after the charges were dismissed.
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