Plea deal ends 2nd trial in 2017 Ravenna shooting deaths

More than a week after the start of an Akron man's second trial in the 2017 shooting deaths of two men at a Ravenna apartment, the defendant accepted a plea deal.

Javon Thomas , 33, pleaded guilty to two counts of voluntary manslaughter, a single count of assault and a three-year firearm specification in the deaths of Brian Brack, 24, of Canton, and Austin Tiller, 20, of Cuyahoga Falls, according to Thomas' attorney Job Perry.

More: Javon Thomas: I shot at gunman in self-defense

Judge Laurie J. Pittman sentenced Thomas to 13 years in prison with credit for time served. Portage County Prosecutor Victor Vigluicci said Thomas' credit would be roughly 6 1/2 years. Vigluicci added that the deal prohibits early judicial release for Thomas.

Thomas' pleaded guilty in the deaths that occurred June 7, 2017. His trial began April 22 with jury selection.

"We certainly sympathize with the families, the victims," said Perry. "These cases are never winner or loser. Everybody is certainly affected and we wish everyone the best and Javon the best, as well."

A jury had found Thomas guilty in October 2017 of two counts of murder, two counts of felonious assault and one count of misdemeanor negligent homicide, as well as four firearm specifications, for using his legally owned and obtained gun in the incident.

Pittman, who presided over both trials, sentenced Thomas to 36 years to life in prison. A second trial was ordered after Thomas appealed his conviction.

Thomas claimed self defense in the shooting of Brack during an evening party at the Woodgate Boulevard apartment of Thomas' girlfriend.

Prosecutors said in 2017 that they had not offered Thomas a plea deal, but Vigluicci said state lawmakers since have greatly increased the burden of proof in self-defense cases.

"The Ohio Supreme Court found that the change in the law would apply to all cases, even retroactive to the cases that occurred before the law changed, but when the trial was held afterward and that's the situation we found ourselves in here," said Vigluicci.

In Thomas' case, which involved the chaos of two men firing guns at each other in a confined area, it became more difficult to prove his guilt beyond a reasonable doubt.

"Looking at it from both sides, the defense doesn't want to risk him going to prison for life. We don't want to risk him walking away with no punishment," said Vigluicci. "So the sides, after the presentation of the state's case, entered into some negotiations and came to this conclusion, in which we obviously discussed it with the victims' families, a mutual agreement that both sides could live with."

Brack reportedly came to the apartment armed with a 9mm pistol to confront Thomas over a joke Thomas had made earlier about Brack's girlfriend, also a guest at the party. Thomas was armed with a .38-caliber handgun.

Thomas said Tiller's shooting was an accident. Tiller, who was unarmed, has been described as an innocent bystander.

After words were exchanged, the shooting began. Thomas shot Brack once in the chest and Tiller three times in the back, with one bullet piercing his heart. Thomas also shot Brack's girlfriend in the leg.

Brack got off two shots, hitting Tiller in the leg and a television set, before running to the hallway outside the apartment. He then collapsed and died.

Thomas said he was in fear for his life after Brack pulled out his gun and he started shooting at Brack while running to take cover in a bedroom.

Prosecutors, however, said Thomas pulled his gun first, with Brack fumbling to get his from his coat pocket while sitting on a couch. They also said that Brack's gun was only loaded with the two rounds and that Tiller was shot after Thomas allegedly took cover behind him.

Thomas appealed his conviction to Ohio's 11th District Court of Appeals, which ordered a new trial in July 2019.

The appellate court said that the trial court erred when the jury was only instructed in a state law requiring an attempt at retreat from a dangerous situation before force is used in self defense.

Because Thomas sometimes lived in the apartment, the appeals court ruled the jury should have been instructed to consider "castle doctrine." Under state law, this does not require retreat if an alleged attack takes place in a home where the defendant lives.

Reporter Jeff Saunders can be reached at jsaunders@recordpub.com.

This article originally appeared on Record-Courier: Plea deal ends 2nd trial in 2017 Ravenna shooting deaths