YOUNGSTOWN - A city man was sentenced to 39 years in prison Wednesday for killing a man and injuring his wife in a case of mistaken identity.
Kevin Agee, 26, was sentenced in Mahoning County Common Pleas Court in the shooting death of Thomas Repchic, 74, and the shooting of his wife, Jacqueline, as they left St. Dominic's Church in September 2010 .
A seven-man, five-woman jury found Agee guilty April 4 on charges of murder, attempted murder and felonious assault.
The jury could not reach a verdict on a charge of aggravated murder with a death penalty specification.
If they had found Agee guilty of aggravated murder, he would have been eligible to receive the death penalty.
Agee was accused of driving a Dodge Durango SUV Sept. 25, 2010, on Southern Boulevard near East Philadelphia Avenue. His passenger, Aubrey Toney, is accused of firing a high-powered rifle into a Cadillac he believed to be inhabited by two members of a rival faction.
Thomas Repchic, driving with his wife from St. Dominic's Church to a family wedding, was killed. Jacqueline Repchic, who testified in the courtroom of Mahoning County Common Pleas Judge Maureen Sweeney, was shot several times, and her right foot was eventually amputated.
Prosecutors at trial argued that Toney and Agee were feuding with two other men who drove a car that looked like the one the Repchics were driving and they spotted it at Southern Boulevard and East Philadelphia Avenue as Thomas Repchic was driving his wife home from her job as a receptionist at St. Dominic Church.
The defense team said that Agee drove the car and that Toney was the shooter. They said that Agee did not know Toney's intentions, a claim prosecutors disputed.
Toney, 31, also is facing the death penalty and his trial is scheduled for Oct. 1.
Assistant Mahoning County Prosecutor Dawn Krueger said Wednesday that Agee was sentenced to 15 years to life on the murder charge, 10 years to life for attempted murder and eight years to life for felonious assault. He also was sentenced to an extra three years for a gun specification on the murder and attempted murder charges, she said.
Tribune news partner WYTV 33 contributed to this report.