Prosecutors oppose motion to dismiss Rowan Sweeney murder case
Defendant in Rowan Sweeney's murder case, Kimonie Bryant and his lawyers filed a motion to dismiss his case or at least take the death penalty off table, claiming Ohio does not have the means to carry out an execution and, as a result, have had to put some of them on hold in the past.
In their motion they mentioned the issue saying, "Although Ohio did conduct executions in 2017 and 2018, dates for executions since then have been cancelled because of the lack of a reliable source for the drugs necessary, to carry out the executions."
The defense went on to say, "The result is a game of mental and emotional Russian Roulette, for those being tried for offenses with death specifications attached to the indictment, and for those on death row."
The prosecution filed a motion on Monday opposing the defendants, saying, "Must the state posses the means to execute Defendant at the time he is indicted, tried, sentenced or denied relief on direct appeal? This claim has no basis in law and must fail." The prosecution went on to say, "Clearly, if defendant Bryant was tried, convicted, and ultimately sentenced to death, it would likely be years before his death sentence was carried out."
Judge D'Apolito has not yet made a ruling in the case.
Yarnell Green was in the Struthers home at the time of the shooting when young Rowan was killed.
Yarnell was hit eight times by gun fire, but survived. Almost two years to the day, he was shot and killed, this past weekend.
At one point on social media, Green mentioned that he knew the person who shot him.
It's unclear if Green would've been a witness in this case, or how much his death will impact the case.
Right now, the courts are still waiting on DNA evidence to come back and confirm who pulled the trigger on the night Rowan Sweeney died.
Until they know that information, there will continue to be pre trials, with the next one scheduled for October.