Jury deliberates in robbery that left one dead, one paralyzed
Sep. 17—A jury will decide the fate of two Toledo men who are accused of murdering another Toledo man and paralyzing a woman when their attempt to rob a marijuana dealer ended in shots fired.
Assistant county prosecutors Khaled Elwardany and Maggie Koch rested their case against Secarr Flow, 23, and Dai Johntae King, 21, on Wednesday in Lucas County Common Pleas Court before Judge Lindsay Navarre. On Thursday, both defendants chose not to testify, and the defense rested.
"When you have deeds that are hatched in hell, you don't have angels as witnesses," Mr. Elwardany said during closing arguments.
The state's key witness, Brandon Mitchell, had testified to his involvement as one of the two armed robbers who shot and killed Antonio Silva, 23, and paralyzed Natane Lopez, a former nurse and a mother, on July 9, 2019 in the 1600 block of Lawnview Avenue in their attempt to steal from Jaime Gonzalez, a marijuana dealer who was uninjured.
The state has argued throughout their case that Mr. Flow organized the robbery that was carried out by Mitchell and Mr. King, to which Mitchell testified. Mitchell also testified that Mr. Flow was the getaway driver, idling nearby while the two robbers committed the crime.
Mitchell, who at the time of the incident was 14, recently pleaded guilty to murder, aggravated robbery, and felonious assault charges in exchange for his case remaining in juvenile court and his testimony against Mr. Flow and Mr. King.
"I think it's fair to say that Mr. Mitchell is not an angel," Mr. Elwardany said.
Mitchell's testimony was a major source of contention for both Mr. Flow and Mr. King's defense attorneys.
John Thebes, who represented Mr. Flow, argued that the state's case is "wholly dependent" on Mitchell's testimony.
"Because he is not believable or credible, we submit to you that the state has not proven its case beyond a reasonable doubt," Mr. Thebes said.
Mr. Thebes added that police wanted to secure the arrest of Mr. Flow and motivated Mitchell by providing a plea agreement in exchange for him fingering his cousin for the crimes. Mr. Thebes said it is solely Mitchell's testimony that led to Mr. Flow's arrest.
"Just because he received that benefit does not mean you need to wholly excuse his testimony," Ms. Koch said in her arguments to the jury. She added that state has not relied solely on Mitchell's testimony but has corroborated the bulk of his account of events via other evidence and testimony, including that of two eyewitnesses.
She added that Mitchell would have had to be a "criminal mastermind" to steal Mr. Flow's phone, which records show was used to call Mr. Gonzalez multiple times on the day of the murder, in order to frame his cousin. This while the armed robbers decided not to wear face coverings to protect their identities and opted to commit the crime in broad daylight.
Jeffrey Crowther, who represented Mr. King, focused his closing argument on disputing descriptions from witnesses and victims that he said do not match Mr. King. He also argued that the gun that allegedly was used by Mr. King during the robbery was found in the car of another individual, who he said was actually the second individual who participated in the crime.
The jury began deliberation Thursday afternoon. They will decide if Mr. Flow and Mr. King are guilty of murder, felonious assault, and aggravated robbery charges, all with gun specifications.
Mr. King and Mr. Flow each face additional gang-participation charges arising from this incident that will be decided by a Lucas County judge at a later date.
First Published September 16, 2021, 6:14pm
