ELYRIA — Lamont Tarpley killed Gary Young Jr. in self defense, a jury decided Monday, acquitting the 26-year-old Lorain man of murder, felonious assault and carrying concealed weapons charges.

But the jury — composed of seven men and five women — found Tarpley guilty of having weapons under disability, a charge that could send him to prison for up to six years when he is sentenced next week. The law forbids Tarpley, who has a prior cocaine possession conviction, from even handling a firearm.

Tarpley didn’t react when the verdict was read but appeared happy as he was led out of the courtroom by sheriff’s deputies.

Young’s family angrily questioned the verdict outside the courtroom.

“He killed my brother,” his sister said furiously as tears streamed down her face. “This cannot be right.”

Gar Cole, Young’s half-brother, had little to say as he left the courthouse with his family.

“Justice wasn’t served, man. I don’t know what else to say,” he said.

Young, Cole and two other relatives were driving on Elyria Avenue in Lorain on July 26, 2007, when Cole was forced to slam on the brakes to avoid hitting Tarpley as he crossed the road.

Those in Cole’s pickup and Tarpley exchanged angry words, but Tarpley testified during the trial that he continued on to the home his neighbor, Calixto Ramos II, and told him about the encounter.

Ramos told him not to worry, got a .38-caliber revolver and put it behind the entertainment center in his living room and then went outside to smoke, Tarpley said. Ramos said the pickup returned and Young and another man got out and came over to him.

Young, 27, appeared to be spoiling for a fight, Ramos told the jury, and he said he hit him before Young could punch him. The fight turned into three against one, Ramos said, after another man from the truck joined the fray.

Tarpley said he went inside, grabbed the gun — which Ramos said belonged to Tarpley, not him — and came outside and told the men to leave Ramos alone. Ramos said he fled the scene and didn’t even notice the then-430-pound Tarpley as he ran.

Tarpley testified that Young came at him and he pushed him away and received a small scratch on his hand. When Young came at him again, Tarpley testified last week, he shot him.

Either of the shots that hit Young, who had been released from prison eight days before the shooting after serving three years on felonious assault, rape and robbery charges, would have proven fatal, Lorain County Coroner Paul Matus testified.

Sherri Burnett, Tarpley’s mother, said she was thrilled by the verdict but still saddened that Young died.

“I’m happy,” she said. “But we feel for the family. They lost their loved one.”

County Common Pleas Judge Raymond Ewers rejected a request from Tarpley’s attorney, Mike Camera, to throw out the weapons charge Tarpley was convicted of.

“We’re happy with the verdict. He was vindicated of the murder,” Camera said later. “But the one charge he was convicted of doesn’t make sense. When he grabbed the gun, it was self-defense.”

Earlier in the day during closing arguments, Assistant County Prosecutor Steve List, said Young didn’t deserve to die.

“This wasn’t self-defense. If (Tarpley) was scared, he could have run. He chose not to. He chose to confront the situation,” said List, who declined comment after the verdict.

Lorain police Detective Steyven Curry, who led the investigation into Young’s death, said he was disappointed by the verdict. Ramos wasn’t seriously injured in the brawl, and the bullets Tarpley fired weren’t justified, he said.

“(Young) died as a result of a senseless fight that resulted in minor injuries,” he said.

Tarpley remains in the Lorain County Jail.

Contact Brad Dicken at 329-7147 or bdicken@chroniclet.com.

 

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