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Thursday, February 3, 2011

Ohio - Murder trial ends with plea bargain, 18-year sentence

OFF THE WIRE
 dispatch.com
Several friends, relatives of victim complain sentence is too light......
 By John Futty
The Columbus Dispatch

A Franklin County Common Pleas jury had heard from just one witness when the murder trial of Brandon L. Chukes ended today with a plea agreement.
Chukes, 27, of Olmstead Avenue, pleaded guilty to involuntary manslaughter and felonious assault in the death of Neil Whitehead, 26, who was shot outside an East Side motorcycle club last year.
Judge Guy Reece sentenced Chukes to 18 years in prison, which includes a mandatory three years for using a gun.
Chukes would have been sentenced to life in prison with no parole for at least 18 years if he had been convicted of murder.
Several of Whitehead's family members and friends spoke in court and criticized the plea deal.
"He deserves to be in jail for life," the victim's mother, Regina Whitehead, told the judge in a voice choked by sobs. "Eighteen years is too light. ... He took everything from me. I have nothing."
Other family members and friends directed angry comments at Chukes.
"You're lucky today," said Lekeisha Whitehead, a cousin of the victim's. "I believe in an eye for an eye. ... If it was up to me, you would die."
Chukes sat solemnly during the comments and declined the judge's offer to speak before sentencing.
The trial began Monday with jury selection, opening statements from the lawyers and testimony by a medic who responded to the shooting.
Defense attorney Robert Krapenc said plea negotiations began weeks ago, but prosecutors approached him with a new offer before testimony began today.
"It took until today for the state to make an offer that made it worth resolving," he said.
County Prosecutor Ron O'Brien said in an e-mail that "the victim's mother, her fiance and aunt were all consulted and approved of the plea with 18 years flat time, certainly feeling that no penalty imposed by the law was sufficient for the harm caused to them and their family."
Chukes and Whitehead were with separate groups at the Heavy Metal Motorcycle Club, 768 Rose Ave., during the early hours of July 11.
Assistant County Prosecutor Emily Poe told jurors there was "bad blood" between the men and that Chukes was "mean mugging" Whitehead, a slang phrase for staring at someone with a menacing look.
When Whitehead left the club, Chukes approached him from behind and fired five shots, three of which struck Whitehead, Poe said.

jfutty@dispatch.com