The defense attorney for a Mansfield man charged with aggravated murder does not want that case tried at the same time as another.
Zach Mayo is contesting a motion for joinder in two cases involving his client, Yaounde Hawthorne. The 24-year-old is charged with 16 counts, including aggravated murder and participating in a criminal gang, in connection with the Aug. 17 shooting death of Ja’Myrion Hobbs, 18, in an alley on South Main Street in Mansfield.
Parties were in Richland County Common Pleas Court on May 27 for a hearing on the issue and other pending motions.
Prosecutors want to try the aggravated murder case at the same time as another case in which Hawthorne is charged with eight counts of improperly discharging a firearm at or into a habitation or school safety zone.
The reported incident happened Sept. 17, 2023, on Westwood Avenue in Mansfield.
In legal terms, joinder is the process of combining multiple claims or parties into a single lawsuit. It is used to streamline court proceedings, prevent repetitive trials and ensure that all related legal issues are efficiently resolved at the same time.
Mayo said the first issue is to decide if the joinder is proper.
“Based on what I’ve seen so far, I think the answer to that is no,” the defense attorney said.
Mayo added the likelihood that Hawthorne would testify in one case could be greater.
Assistant Prosecutor Bryan Dove said jurors are likely to hear about both cases in the aggravated murder trial.
“The shooting into a house is going to be a part of (aggravated murder trial) because he’s also charged with participation in a criminal gang,” Dove said. “This is one of the pieces to the puzzle.”
He added that one of the shell casings from the shooting into a habitation case had Hawthorne’s DNA on it.
“I don’t think it would substantially elongate the trial,” Dove said.
Mayo said the cases involve two presentations of evidence.
Looming eventually will be a likely motion to try Hawthorne with his co-defendant, Elijah Taylor, 21.
“If we were forced to choose between one and the other, we certainly would choose to join the defendants,” Dove said.
Taylor’s case is going through fellow Judge Phil Naumoff’s court. If the defendants are tried together, Robinson will oversee the trial since Hawthorne was indicted first.
A third co-defendant in the case, a 16-year-old boy, admitted his involvement in the shooting in April in juvenile court. His case will stay at the juvenile level after a judge decided not to bound the teen’s case over to adult court.
In another matter, Robinson granted a motion from Mayo to have the state provide him with a more specific bill of particulars, which is filed by a party to demand that the opposing side provide greater details about their broad claims or charges so the requesting party can properly prepare their defense.
Reach Mark Caudill at 419-521-7219 or via X at @MarkCau32059251.
This article originally appeared on Mansfield News Journal: Attorneys disagree on whether murder case should be tried with another
Reporting by Mark Caudill, Mansfield News Journal / Mansfield News Journal
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