After a co-defendant declined to testify Tuesday against an East Toledo man who was accused of robbing and fatally shooting another outside an illegal gambling establishment, prosecutors were forced to offer him a plea deal.
James Moore, 20, of the 900 block of Berry Street, pleaded guilty to involuntary manslaughter, a first-degree felony, for the attempted robbery and fatal shooting of Jerry McNeal, 31, on Nov. 18, 2017. He was originally charged with aggravated murder, murder, and aggravated robbery, all with gun specifications — all of which will be dismissed at sentencing on Jan. 25.
Moore faces up to 11 years in prison.
When Judge Dean Mandros asked why Moore pleaded guilty to the offense, he responded: “Because I’m guilty.”
Also charged in connection to the incident are Eric Jones, 26, and Carl Banks, 18, a former top basketball player at Waite High School.
Prosecutors pointed to Moore as the shooter, while the defense claims Jones shot Mr. McNeal. They’re the only two who can really say what happened that evening, officials say.
Jones, who remains in custody at the Lucas County jail, met with prosecutors prior to taking the stand Tuesday during Moore’s trial. Last month, Jones pleaded guilty to involuntary manslaughter and aggravated robbery and, pursuant to the plea agreement, he agreed to testify against any co-defendants.
On Tuesday, however, Jones changed his mind.
“He indicated that he was no longer interested in testifying for various reasons,” assistant county prosecutor Michael Bahner said. “Based on the state’s case at this particular time, it was appropriate and unfortunate that we had to take a plea.”
Mr. Bahner said that while Mr. McNeal’s family was not pleased with the outcome, they understood the circumstances. Family declined to comment following the plea hearing.
On Nov. 18, 2017, Moore was picked up by basketball teammate Mr. Banks, and his friend Jones. Together, the three went to an illegal gambling and drug house in the 1800 block of Bigelow Street, prosecutors told the jury during opening statements.
Prosecutors say Mr. Banks and Jones knew Mr. McNeal — who often carried large sums of cash and wore jewelry — and the friends planned to rob him when he was at the West Toledo home.
“The problem was that Mr. Jones and Mr. Banks spend so much time there, they know they couldn’t rob this 30-year-old person and get away with it because they would know who did it,” Mr. Bahner said during opening statements. “He sees them all the time. So they needed somebody that was unknown to Mr. McNeal, and that’s where Mr. Moore comes in.”
Moore wouldn’t be identified, the friends believed.
On the night of the shooting, Mr. Banks went in, while Jones and Moore waited outside. Mr. Banks was to text his friends when Mr. McNeal was leaving the establishment.
As Mr. McNeal was walking to a vehicle, Moore approached him to rob him, prosecutors said.
“Something goes wrong, he fires one shot,” Mr. Bahner said.
Mr. McNeal was taken to the hospital by a friend, where he died of a single gunshot wound to the chest, Dr. Cynthia Beisser, a deputy coroner at the Lucas County Coroner’s Office, testified Tuesday.
Investigators found nearly $800 in Mr. McNeal’s pocket and gold chains around his neck.
However, Mr. Moore’s attorney, Brad Hubbell, said his client’s co-defendants’ statements have changed.
In the days before the fatal shooting, Mr. Hubbell said Jones lost money and got into an altercation with Mr. McNeal and his brother.
The defense attorney agreed Jones and Moore waited outside the establishment for a text message indicator from Mr. Banks. The two waited nearly two hours in the cold and rain before getting tired, so they headed back to the vehicle to wait for Mr. Banks’ return.
“Eric Jones says, ‘No. I didn’t come here for nothing,’ and he heads out of the car. Moments later, my client hears a gunshot,” Mr. Hubbell said.
Jones then jumps back into the vehicle and Moore is taken back to his East Toledo residence, his attorney said.
Several Toledo police officers testified Tuesday, noting the conditions of the crime scene and lack of witnesses when officers arrived nearly three minutes after the initial 911 call.
Police did not find any shell casings, and the murder weapon was not located.
Mr. Banks’ case is pending in Lucas County Common Pleas Court.
First Published January 15, 2019, 2:23 p.m.
