YOUNGSTOWN — The case of Danyo Sellers, 17, has been bound over to Mahoning County Common Pleas Court for a county grand jury to determine whether to indict him in the April 15 killing of Amya Monserrat, 15, and the wounding of three other people.
Judge Theresa Dellick of Mahoning County Juvenile Court ruled that she found probable cause that Sellers committed one count of murder and three counts of attempted murder in the case. She held a hearing this week in juvenile court to hear testimony. Because she found probable cause and other factors, the case was bound over to the adult-level Mahoning County Common Pleas Court.
In a probable cause hearing, a judge has to determine whether it is more likely than not that the defendant committed the alleged crimes, according to the website of Nolo Press, which produces do-it-yourself legal books and software. Court officials also said more likely than not is the standard for finding probable cause.
Amya was killed and three other people suffered gunshot wounds outside of Martha’s Boulevard Bar and Grille on Southern Boulevard. Amya and others were there for a birthday party for a 16-year-old.
Co-defendant Saun Peterson, 21, and Youngstown Police detective Michael Cox testified at the hearing. Peterson testified that he was the driver of the dark blue Mercedes Benz that drove around the tavern several times and that Sellers was in the front passenger seat. Sellers was 16 at the time.
Peterson said he saw people in the crowd outside of the tavern with guns when he drove past, and that Sellers fired a gun over the top of the Mercedes toward the crowd, which was on the driver’s side of the car.
Peterson pleaded guilty last week in Mahoning County Common Pleas Court to involuntary manslaughter and other charges in the episode. Prosecutors are recommending that Peterson get 10 to 12 1/2 years in prison.
Police have said the incident involved two groups of people shooting at each other over a conflict and that Amya was hit by a stray bullet.
Youngstown Police detective Michael Cox also testified in the probable cause hearing that as he investigated the case, people told him about someone known as Legend Pless, which is another name used by Sellers, who was in the courtroom for the hearing with his mother.
Cox said he acquired surveillance video from nearby St. Dominic Church that showed a dark Mercedes Benz driving around the tavern a couple of times. Cox said it was clear that there were adults in the tavern’s parking lot, and they were doing the right thing to disperse the party after people became alarmed by the Mercedes Benz.
The images of the car on video suggested that the driver was antagonizing or taunting the fleeing kids at the party, Cox said. Within 60 to 90 seconds, the Mercedes came back and flashes of light were detected on the video because somebody was shooting a gun, Cox said.
Surveillance video at a nearby school, Horizon Science Academy, also showed flashes of light, Cox said.
Under questioning by Sellers’ attorney, Michal Scala, Cox said the first shot appeared to come from someone at the party, unless I missed a shot, but the second shot came at nearly the same time from the car.
When Scala asked Cox if it was possible shots came from the back seat of the Mercedes Benz, Cox said yes. When asked whether any of the people at the party admitted to having a gun, Cox said no. When Scala asked whether anyone said Sellers had any conflict with anybody at the party, Cox said no.
