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Man indicted in diner slaying

Suspect could face death penalty

Tribune Chronicle
POSTED: September 12, 2008

WARREN - The man police say murdered a restaurant owner and wounded his son last month during an attempted robbery was indicted Thursday on charges that could carry the death penalty.

A Trumbull County Common Pleas Court grand jury indicted Ardeed Mitchell, 28, of Livingston Street in Youngstown on charges of aggravated murder, attempted aggravated murder and attempted murder, four counts of kidnapping, five counts of aggravated robbery, a single count of aggravated burglary and having weapons while under disability.

All the charges include a specification that a firearm was used to commit the crime.

He will be arraigned at 11 a.m. Monday before Judge John Stuard.

Mitchell can receive the death penalty if convicted of the murder of Fred DeVengencie, 90, during a robbery at Freddie's Diner on Aug. 12.

Police said Mitchell entered the back of the diner on North Park Avenue that leads to an adjoining Sons of Italy club. After a struggle, owner Fred DeVengencie was shot in the neck and died. His son, Anthony DeVengencie, 71, was shot through the hand, the bullet piercing his mouth and lodging in the back of his head. He remains in a coma.

The kidnapping counts, according to police, stem from his making the DeVengencies and two employees go into a back room while he tried to rob the restaurant.

One of the five robbery counts is for the robbery of a Dairy Queen on West Market Street on Aug. 11.

Detectives collected blood samples at the crime scene after the DeVengencies struggled with the robber, who got cut after being hit over the head with a bottle, and got a match with Mitchell's DNA through the Combined DNA Index System. Warren detectives were notified of the match Sept. 5, and Mitchell was arrested at a Palmyra Road S.W. home the following day by members of the U.S. Marshals Northern Ohio Fugitive Task Force.

According to court records, Mitchell has multiple convictions in Pennsylvania, including a robbery at a bakery in Sharon, Pa., April 6, 2002. He was released from prison Jan. 6 and was on parole until 2010.

news@tribtoday.com

Member Comments
View Comments: | 1-12 | Post a comment
smokey
09-13-08 12:12 AM
ohio code states:2923.13 Having weapons while under disability. (A) Unless relieved from disability as provided in section 2923.14 of the Revised Code, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply:

(1) The person is a fugitive from justice.

(2) The person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence.

(3) The person is under indictment for or has been convicted of any offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been an offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug o

smokey
09-12-08 11:55 PM
uh no weapons under a disablity means he has a record that prevents him from owning,having in his possesion or even being around a weapon. the way they named that charge is stupid but thats what it means, if it ment a physical or mental disability, no one that is diabled could even have a hunting license.

VoiceOfReason
09-12-08 9:24 PM
Disability was referring to a handicap - it was referring to restrictions and/or conditions place on him for his probation, which restricted him from owning or handling a firearm.

smokey
09-12-08 1:21 PM
prison must not be too bad of a life for some people i don't see them working hard everyday just to make ends meet. although i do see them being fed (ediable or not) clothed, they have lights their behinds are kept warm.their offered education and rehab all payed for by the taxpayers!! i say go back to the times of chain gangs like they STILL have down south... i think death is too easy, he should be beat down everyday for the rest of his life, maybe if he got that when he was growing up maybe he would have been a better citizen.. prayers and thoughts to the family and friends of victims!!!

purple51
09-12-08 10:39 AM
Disability can mean being a convicted felon when it refers to having a gun. It does not mean the person collects SSI or other disability payments.

pahootaman
09-12-08 10:14 AM
Tell that to the state of Ohio. They're spending $100 Million dollars between now and Feb. 19th so prisoners will get their digital cable.

OhPlease
09-12-08 8:49 AM
Also, the article says that he was on disability, which means keeping him in prison will actually SAVE the taxpayers money, even if he isn't put to death for quite some time.

OhPlease
09-12-08 8:47 AM
RE: my2cents

While I agree that he should die for his crimes, I disagree with what you think prison is like. Prisoners don't get movies, games, and free-for-all visitations. Books must be supplies by family members, so that doesn't cost the state anything, and the food is hardly edible. It is not "A WONDERFUL LIFE."

Granted this guy is a monster and must pay, but your comments about the prison system are completely wrong, and probably based on "facts" that you have heard passed on by other complainers. Please learn what life is like in prison for these guys before flapping your lips.

jamesbresslerjr
09-12-08 7:50 AM
I can only hope this scumbag gets what he deserves in prison.

anniemae
09-12-08 7:39 AM
Our judicial system needs "fixed". They know their punishment won't be harsh & it NEVER is. If he'd have been kept in jail, this family would be together today. Being on death row is still being alive...something he doesn't deserve. An eye for an eye!!!! This family will never be the same, so do the right thing...& do it soon. Bye, bye Mitchell.

pahootaman
09-12-08 7:36 AM
small time crook got in waaaay over his head. Good to see the trash get picked up.

my2cents
09-12-08 6:15 AM
He should be put to death! But he won't. He will be put in prison and we will feed him, cloth him, entertain him with TV, movies, games, books, exercise equipment and he can visit with all his buddies! All at our expense! It's a wonderful life!!!! They don't have to worry about having a job to pay for any of their needs. Don't worry, we got it all taken care of for you!!! (and they laugh)

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