A visiting judge granted a delay Wednesday in the sentencing of an Akron man to allow his defense attorney time to investigate new information about the crime he pleaded guilty to last month.
Andrea Whitaker, the Akron attorney for Terry Tart, requested the continuance, pointing to statements shared with her by the family of shooting victim Marcus Glover. She said the statements, which she was unaware of before Tart’s plea, bolster Tart’s account of what happened on the day Glover was shot and killed.
“Mr. Tart should not be forced to proceed without adequate time to fully and fairly investigate these important matters,” Whitaker said in a motion filed in Summit County Common Pleas Court.
Visiting Judge Richard Reinbold agreed to the request, but hasn’t yet set a new sentencing date. Tart, 38, of Doty Drive pleaded guilty last month to a felony charge of involuntary manslaughter with a gun specification. He was originally charged with murder, aggravated robbery, aggravated burglary and having a weapon while under disability. He faces up to 14 years in prison.
Prosecutors say Tart and Marcus Glover, 25, forced their way into the Akron home of David Hillis on Aug. 7, 2015, and tried to rob Hillis at gunpoint. The two men fled and Hillis fired shots at them from his front porch. A bullet struck Glover in the head, killing him. Glover was about 70 yards away from Hillis’ property, according to prosecutors.
Prosecutors say Tart was charged because state law allows an offender to be prosecuted for a death that happens when a violent felony is committed or attempted.
Hillis, 22, pleaded guilty last month to voluntary manslaughter, a first-degree felony. He faces three to 11 years in prison when he is sentenced Oct. 7 by Reinbold. Hillis’ family is pushing for him to get probation, while Glover’s family is hoping he gets the maximum possible prison sentence.
Glover’s family, in fact, has held protests in front of the Akron police department and Summit County Courthouse three times in the past few weeks, urging that Hillis get prison time. They also object to a request from Kerry O’Brien, Hillis’ attorney, that they be barred from Hillis’ sentencing because of clashes after previous court appearances between Glover and Hillis supporters and threats against Hillis’ family.
Reinbold has not yet ruled on O’Brien’s request.
Glover’s family members have questioned the circumstances of his shooting death. They say they have been contacted via Facebook and text messages by people who claim Glover and Tart were invited to Hillis’ home where an altercation ensued and Hillis fired shots at them as they fled.
Crystal Thomas, Glover’s mother, shared screen shots of the information the family has received with Whitaker. She said Wednesday that she was pleased the judge granted a continuance in the sentencing. She is hoping Whitaker can find out more about what led up to the shooting.
Thomas, however, said she blames both Tart and Hillis for her son’s death. She wants to make sure they both are sent to prison.
“I think they should do equal time,” she said.
Whitaker and William Vasiliou, Tart’s other attorney, had previously requested a delay in Tart’s sentencing until after Hillis’ sentencing. The attorneys said they wanted to “preserve the right to appeal the issue of consistency of the sentences” among the two men.
Tart previously did two stints in prison, first in 2005 for aggravated robbery with a gun specification and then in 2007 for aggravated robbery and kidnapping with a gun specification. He was released from prison in May 2014 and was under court supervision when the incident at Hillis’ home occurred.
Stephanie Warsmith can be reached at 330-996-3705 or swarsmith@thebeaconjournal.com. Follow on Twitter: @swarsmithabj and on Facebook: www.facebook.com/swarsmith.