The Herald, Sharon, PA Published Saturday, October 5, 2002


Hearing in shootout case
delayed for more investigation

By Joe Pinchot
Herald Staff Writer

Mercer County Assistant District Attorney William Moder requested that a preliminary hearing against a man charged with participating in a rolling shootout in Farrell be postponed so authorities can do more investigating.

Moder told District Justice Henry J. Russo, Hermitage, Friday that he was not prepared to proceed with the hearing of Dwayne Smith, 27, of 906 Hamilton Ave., Farrell.

Russo agreed to the continuance over the objection of court-appointed defense attorney Randall Hetrick and said a new hearing would be scheduled this month.

Russo agreed with Hetrick's request to release Smith on his own recognizance.

Smith is already serving two jail sentences in the State Regional Correctional Facility, Findley Township, and the ROR bond does not allow him to go free. It does allow the state to start counting his time in jail as credit on his sentences. The state stopped crediting his jail time when he was arraigned on the shooting charges and bond was set at $50,000, Hetrick said.

Prosecutors have already netted three convictions in the case, which dates from Feb. 19.

Smith was in a vehicle with Lamar L. Wilder, 22, of 1141 Fruit Ave., Farrell, and they exchanged shots with Donnell T. "Deacon" Stubbs, 20, and Terrell "Styles" Myrick, 22, both of Warren, Ohio.

Shots were fired while the vehicles passed each other in the 200 block of Roemer Boulevard, Farrell, said police, adding that they never found any damage as a result of the gunshots.

Stubbs and Wilder argued over a girl earlier in the 900 block of Negley Street, Farrell, police said. Stubbs held a gun to Wilder's head and punched him in the mouth, police said.

Three females, an 18-year-old woman and two girls, ages 15 and 17, all from Sharon, were in the car with Stubbs and Myrick, and they jumped out after the shooting, police said. They ran to the police station to alert authorities, police said.

Smith was charged with six counts each of attempted homicide, aggravated assault and reckless endangerment, and one count of carrying a firearm without a license.

Wilder pleaded guilty to simple assault and has been serving a 1- to 2-year jail sentence.

Stubbs pleaded guilty to aggravated assault and carrying a firearm without a license, and is serving a jail term of 12 to 30 months.

Myrick pleaded guilty to aggravated assault and is serving 9 to 18 months in jail.

You can e-mail Herald Staff Writer Joe Pinchot at jpinchot@sharonherald.com



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