If James Moore serves the full 11-year prison term to which he was sentenced Friday for his role in an armed robbery that resulted in its target’s fatal shooting, he will be the victim’s age when he is released.
Moore, 20, who pleaded guilty to involuntary manslaughter earlier this month, will get a fresh-start opportunity at that time, but Jerry McNeal’s life was suddenly cut short, Mr. McNeal’s uncle Byron Edwards said during Moore’s sentencing hearing Friday in Lucas County Common Pleas Court.
“This is life. This is just a part of life. Everything is still moving, everything is in motion, but my nephew is no longer with us. My purpose in being here is to have everyone take a moment and realize the impact that it truly does have,” Mr. Edwards said.
Mr. McNeal, 31, will not be able to see his young daughter grow to an adult or spend time with his twin brother and other siblings. He still had a full life ahead of him, Mr. Edwards said.
“He [Moore] can’t really comprehend it now; he’s 20. You just cannot fathom what you have done because he hasn’t really truly experienced what he has taken away. The gravity is just too much for him to be able to understand — that’s not any fault of his own,” Mr. Edwards added.
Judge Dean Mandros agreed in addressing the first of three defendants in the matter whose case has been adjudicated.
“I say to you, Mr. Moore, obviously your impact has been devastating. You took a young man’s life, you were involved in that course of criminal conduct whether you literally pulled the trigger or not. As Mr. Edwards said, ‘Actions have consequences.’ You made certain choices and now you’re here today to answer to those choices.”
Moore’s attorney, Brad Hubble, said his client has shown remorse for his actions and he understands how his actions contributed and led to Mr. McNeal’s death.
“I want to tell his family I’m sorry. It should (not) have happened like that or at all,” Moore said Friday.
Mr. McNeal’s family declined to comment further.
“Moore told investigators, ‘It was supposed to be a robbery. I was supposed to go through his pockets while someone else was holding him at gunpoint,’ ” Judge Mandros read from a pre-sentence report.
Had he been convicted of aggravated robbery with a gun specification, Moore would have faced up to 14 years in prison, but 11 years was the maximum sentence he faced for involuntary manslaughter.
“He reaped some benefits of circumstances regarding available evidence that the state had,” Judge Mandros said, adding he was bound by sentencing limits.
Moore took his case before a jury this month, but prosecutors were forced to offer a plea deal after a co-defendant refused to testify at the last minute. They were the only two who could testify to who really shot Mr. McNeal outside an illegal-gambling establishment in the 1800 block of Bigelow Street on Nov. 18, 2017, prosecutors said.
Also charged in the matter are Eric Jones, 26 — who did not testify, despite an agreement with the state — and Carl Banks, 18, a former top basketball player at Waite High School. Mr. Jones is scheduled to be sentenced on Thursday, while Mr. Banks’ case is still pending.
Prosecutors say Mr. Banks and Jones knew Mr. McNeal — who often carried large sums of cash — and the friends planned to rob him when he was at the West Toledo home. They included Moore in the scheme because Mr. McNeal wouldn’t recognize him.
The three defendants went to the Bigelow Street home, with Mr. Banks going inside to alert the other two when Mr. McNeal was leaving so they could steal from him. Mr. McNeal was shot as he walked to his vehicle, investigators say.
Judge Mandros said Friday it has not been clearly proven who fired the fatal shot.
First Published January 26, 2019, 2:08 a.m.
