11th District judges deny relief for convicted murderer
The Ohio 11th District Court of Appeals on Monday affirmed the conviction and prison sentence for convicted murderer Dominic Michael Harvey.
A panel led by Judge Robert J. Patton and joined by 11th District colleagues Judges Matt Lynch and Scott Lynch, ruled that Harvey’s sole assignment of error in the appeal is without merit. In his appeal, Harvey claimed the trial court had erred in denying his petition for post-conviction relief without a hearing.
On Dec. 13, 2023, Harvey pleaded guilty to charges of aggravated murder and attempted aggravated murder, both with a firearm specification, tampering with evidence and receiving stolen property. In exchange for his guilty pleas, the state dismissed the aggravating circumstances specification against Harvey, which meant he avoided being eligible for the death penalty.
Trumbull County Common Pleas Court Judge Cynthia Westcott Rice imposed the jointly recommended sentence of 50 to 55.5 years to life for Harvey. Six days after his sentencing hearing, Harvey requested to withdraw his guilty plea, which was denied via court entry filed Jan. 4, 2024.
On Dec. 9, 2024, Harvey filed a pro se petition for postconviction relief that was denied by Rice on Feb. 13, 2024. In its judgement, Rice noted Harvey’s “sole claim that he was denied effective assistance of counsel (was denied) because (Harvey) has not submitted any documentation with his petition to support his claim” that his attorney pressured him into pleading guilty. Harvey did not at any time file a direct appeal of his conviction.
According to state’s evidence, Harvey, who was 21 at the time, used a stolen AR-15 at the corner of West Market Street and Tod Avenue near the Hot Dog Shoppe around dinner time on July 21, 2022, to fatally shoot 23-year-old Jauton Lee Jr. and wound 24-year-old Mitchell Powell, two Warren men who were riding in another vehicle.
Through the help of video cameras and eyewitness accounts, Warren police detectives pieced together the crime and charged Harvey, who was arrested the day after the shooting.
Harvey, 24, remains incarcerated at London Correctional Institution.
