News

Judge panels chosen for Hamilton death penalty cases

Attorneys and prosecutors were in court Wednesday for the random selection of three-judge panels to preside over the death penalty trials of four people accused of a murder-for-hire plot that killed two people in Hamilton.

Zachary Harris, 24, of Columbus, is charged with two counts of aggravated murder with a death penalty for the Aug. 3 Central Avenue drive-by shooting that killed Orlando Gilbert and Todd Berus.

Also facing death penalty charges are: Tony Patete, 23, of Newark, two counts of aggravated murder; Melinda Ann Gibby, 35, of Lancaster, two counts of aggravated murder; and Michael Grevious II, 23, of Maple Ave., Hamilton, one count of aggravated murder with a death penalty specification.

Ohio law allows defendants facing the death penalty to have their cases tried to a jury or a tribunal consisting of three judges. Because of the length of time required to try death penalty cases — especially four — the selection was done early so that schedules could be cleared in advance.

Indictments were handed down by a grand jury a couple weeks ago, and none of the defendants has yet waived their right to a jury trial.

A red tumbler with numbered balls representing each of Butler County’s six Common Pleas judges were removed randomly by court personnel to determine the make up of each panel.

Judges selected for the Harris trial are: Jennifer McElfresh, Michael Oster and Judge Greg Stephens. Selected for Patete’s trial are: Charles Pater, Noah Powers and Stephens. Selected for Gibby’s trial are: Powers, Keith Spaeth and Stephens. Selected for Grevious’ trial are: McElfresh, Craig Hedric and Stephens.

Stephens is the third judge assigned to all of the panels because he was the judge assigned when the indictments were handed down.

All four defendants are being held in the Butler County Jail in lieu of $5 million bond.

Also charged in connection with the two shootings, but not facing the death penalty, are:

  • Cornell McKennelly II, 37, of Franklin St., Hamilton, charged with murder for allegedly killing Kalif Goens at Doubles Bar just days before the Central Avenue shooting
  • Mondale Goens, 21, of Maple Ave., Hamilton, charged with two counts of felonious assault, in the Doubles Bar shooting
  • Rodrick Curtis Jr., North 7th Street, Hamilton, charged with felonious assault for the Doubles Bar shooting
  • Cory Cook II, 23, 9th Street, Hamilton charged with felonious assault for the Doubles Bar shooting

Gun violence at the South Main Street bar on the city’s west side killed Kalif Goens and injured seven others, according to Butler County Prosecutor Michael Gmoser.

Days later, Gilbert and Berus were killed in a drive-by shooting along Central Avenue, which officials said was a murder for hire, according to the indictment.