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Victim testifies in Hamad trial

By Jon Wysochanski 4 min read

WARREN -- One of the victims of a Feb. 25 shooting outside the state Route 46 home of Nasser Hamad testified Tuesday that he and a group of friends who went to Hamad's house after a social media argument went there to "take care of the problem."

John Shively, 17, also testified one person in the van in which he was riding had a knife but he did not see it. Shively was shot during the confrontation and his half brother, Joshua Haber, 19, and cousin, Joshua Williams, 20, were shot and killed. Shively's mother, April Vokes, 43, and his cousin, Bryce Hendrickson, 20, also were shot. Hendrickson, whose name was on a list of potential state witnesses, was found dead at his McDonald home late last month following a suspected drug overdose.

Shively, who had moved with his family from Florida to Ohio 12 days before the shooting, said he never met Hamad before the incident and he hadn't personally met Hendrickson, although the two had been talking via Facebook. Shively said he intervened in a Facebook confrontation between Hamad and Hendrickson Feb. 25 because he didn't like the language Hamad was using toward Hendrickson. Both Hamad and Hendrickson made a variety of threats in the post.

"I felt a need to stand up for my family," Shively testified.

Shively and the others were driven to Hamad's home by Vokes after Shively asked Hamad for his address and then asked his mother for a ride. Shively said the group had no weapons, but later he said Hendrickson told him he had a knife although he never saw it. Police found the knife in Hamad's yard, and a sheath that held it was found in Vokes' van, which Vokes testified to seeing.

During his more than two hours of testimony, Shively repeatedly said the group didn't have a plan for when they arrived at Hamad's house, although Shively acknowledged seeing Facebook posts in which Hendrickson had called Hamad a "dead boy" and said he would be beaten. The defense also read text messages Shively sent that talked about attacking an old man.

Shively said he was the first to step out of the van and he was approached by Hamad. He said Vokes got out and questioned why Hamad was fighting with young men on Facebook. Shively said Hamad then tackled him down a small hill and Haber, Williams and Hendrickson got out of the van, joined the fight and began to beat and kick Hamad, who was on the ground.

Shively said getting involved in the Facebook confrontation between Hendrickson and Hamad and then going to Hamad's home was both wrong and stupid, which he attributed to his age. Shively said he never expected the situation to escalate to the level of a beating, and when the group started kicking Hamad on the ground, Shively said he yelled for them to stop.

The beating lasted about 15 seconds, Shively said, and when it was over the group walked back to the van. After the fight, Hamad came out of his house and started shooting, Shively said.

Others who testified Tuesday included Howland police officers Bryan Butto and Mark Klaholz who were the first to arrive on the scene. Kym Daniels, a registered nurse, and her son, Skylar Daniels, also testified about stopping to help at what they thought was a car accident before seeing bullet holes in the van and a pool of blood going down the driveway. Kym Daniels said Hamad was pacing in the driveway, pointed the gun at them and was walking "with intent."

Hamad, 48, faces two counts of aggravated murder that carry the death penalty specification and six counts of attempted aggravated murder.

jwysochanski@tribtoday.com

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