YOUNGSTOWN, Ohio (WKBN) — Jurors found Aubrey Toney guilty of murder but not aggravated murder Friday in the long-running trial, meaning he will not be eligible for the death penalty.
Jurors also found Toney guilty of felonious assault and a firearms specification. The jury did not reach a verdict on an attempted murder charge against Toney.
Both sides gave their closing arguments Thursday afternoon before the jury discussed the case for about an hour. Jurors wrapped up deliberations around 6:30 p.m. Thursday and were sequestered until they reached a verdict Friday evening.
Toney is one of two men accused in the shooting death of Thomas Repchic and the wounding of his wife Jacqueline in September 2010. Prosecutors claim the defendant purposely caused the death of Repchic, who investigators said was mistaken for someone else with the same car.
They said just because the couple was in the wrong place at the wrong time does not make Toney any less culpable.
“Seven shots were fired. One innocent man was killed by the defendant Aubrey Toney. The Cadillac man.” said Mahoning County Assistant Prosecutor Dawn Cantalamessa.
She said no one actually saw the shooting, but there is enough circumstantial evidence to find Toney guilty. She said all of the circumstantial evidence was confirmed by the testimony of co-defendant Kevin Agee.
The defense said the evidence and the testimony just didn’t connect and their client is not guilty.
“This an evidence-based decision. If you can base it on emotion, it would probably be a lot easier. But it’s not,” said defense attorney John Juhasz. “Deliberate on the evidence and the law and not on emotion. And you will find that there are substantial and reasonable doubts and that Aubrey Toney is not guilty.”