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Teen waives hearing, will be tried as adult in North Ridgeville murder case

Friday, February 12th, 2010
Daniel Kovarbasich, 16, is comforted by his dad, Terry, today in court. (CT photo by Bruce Bishop.)

Daniel Kovarbasich, 16, is comforted by his dad, Terry, above, and his mother, below, today in court. (CT photos by Bruce Bishop.)

ELYRIA — A 16-year-old North Ridgeville boy accused of murder in the stabbing death of a family friend agreed Friday to have his case moved to adult court.

Daniel Kovarbasich waived a hearing before Lorain County Juvenile Judge David Berta in which prosecutors would have had to convince a judge there was enough evidence to warrant the murder charge. Under Ohio law, 16-year-olds accused of murder are required to be tried as adults.

Daniel is accused of fatally stabbing 55-year-old Duane Hurley on Jan. 22 multiple times with a kitchen knife. His father, Terry Kovarbasich, called 911 as he was driving his son to the hospital after the incident.

In the 911 call, the elder Kovarbasich told a police dispatcher that Hurley was supposed to take Daniel to school that day, but his son called him and said Hurley had attacked him.

After Friday’s hearing, Daniel’s mother, Donna Kovarbasich, shouted toward North Ridgeville police officers and Hurley’s family who were in the hallway.

“You stand by touchers, people who touch other people! Are you proud?” Donna Kovarbasich said through tears.

Michael Stepanik, Daniel’s attorney, said later in the day that Hurley had made an attempt to inappropriately touch his client but wouldn’t say if it took place the day of the killing or beforehand.

North Ridgeville Police Capt. Al Dent said police have heard the allegation of sexual misconduct before, but he wouldn’t say if there was any evidence of that.

“It’s one of many things we’re still looking at,” he said.

Hurley spent 90 days in jail after a 2004 conviction of bribery, falsification and theft in office for taking money from criminals he was supervising while he worked as special services supervisor in Avon Lake. He has no record of sex crimes.

Hurley’s family declined to comment as they left Friday’s hearing.

Terry Kovarbasich called the case against his son “a travesty.”

County Prosecutor Dennis Will said Daniel hasn’t talked to police and his attorneys have yet to discuss the case at length with his office, but he’s willing to look at any evidence that’s put forward.

During Friday’s hearing, Stepanik urged Berta to release his client on personal bond, arguing that Daniel has strong roots in the community and no serious prior criminal record.

“This kid isn’t a problem kid,” he said.

Assistant County Prosecutor Brendan Mackin asked Berta to set bond in the case between $750,000 and $1 million, which he said is typical in murder cases.

Berta set bond at $500,000 and Daniel, who has been in the county Juvenile Detention Home since his arrest a few days after Hurley was killed, was transferred to the county jail later in the day.

As he left the courtroom, his father and mother hugged him.

“I love you,” a sobbing Donna Kovarbasich said as she hugged Daniel. “Stay strong.”

Prosecutors will now present the case against Daniel — two counts each of murder and felonious assault — to a county grand jury.

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

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Photo gallery: Lorain firefighters practice ice rescue

Thursday, February 4th, 2010

LORAIN — Lorain firefighters under the direction of Capt. Tom Baker, the Fire Department’s safety training officer, got out on the Black River for cold water rescue training this morning.

The Fire Department got cold-water immersion suits, which cost about $2,000 apiece, a year ago. The suits are one-piece and one-size-fits-all, with the exception of the helmet.

Without the suits, firefighters were limited to throwing a rope to someone who had fallen through the ice, but with the suits they can aggressively go in the water after a person.

It takes each firefighter about 10 minutes to suit up, and today’s training in the near-freezing water — which included five firefighters and Baker — lasted about an hour and a half.

Photos by Amherst Junior High student Evann Figueroa under the guidance of Chronicle Photo Chief Bruce Bishop:

Closing arguments wrap up, jury deliberating in Howse case

Thursday, February 4th, 2010
Alverno Howse Jr.

Alverno Howse Jr.

ELYRIA — Alverno Howse Jr. didn’t mean to kill Charles “Chuckie” Howard Jr. on Aug. 19, 2009, but he did, Assistant Lorain County Prosecutor Mike Kinlin told jurors today during his closing argument.

Defense attorney Mike Camera disagreed, telling jurors his client wasn’t there. He said it was Chris Howse, Alverno Howse’s brother, who was with Howard when he was shot in the bedroom of a Taft Avenue home.

The closing arguments finished around 10:30 a.m. and followed nearly two weeks of testimony in a chaotic trial that has seen witnesses change their testimony, the judge clear the courtroom because of concerns over witness intimidation and a shouting match that erupted between a member of Howard’s family and a reputed member of the Middle Avenue Zone, a gang that Howse is allegedly a member of.

The jurors will consider two charges against Howse, reckless homicide and tampering with evidence.

Update: 9 illegal immigrants arrested in Avon Lake; marshals had set out to serve ‘minor’ warrant

Wednesday, February 3rd, 2010

AVON LAKE — Officials removed nine illegal immigrants Wednesday from an Avon Belden Road home, and they say the individuals had come from Mexico to work in a local restaurant.

The U.S. Marshals Office arrived at 571 Avon Belden Road around 9 a.m. to serve an arrest warrant for “a minor offense” to a man living at that address, said U.S. Marshal for Northern Ohio Pete Elliott.

That man, whose name wasn’t released, wasn’t home, but nine more were, Elliott said, adding two were hiding in a closet, six were inside the house and one drove up in the middle of everything.

When asked for identification by the marshals and Avon Lake police, the nine men said they didn’t have any because they were in the country illegally.

“The arrest warrant had nothing to do with immigration,” Elliott said. “You never know what you’re going to find in these types of situations. We didn’t expect that today, but that’s what today brought us.”

The marshals called U.S. Customs and Border Protection in Sandusky and asked for assistance. The men were taken into custody by Border Patrol without incident.

The house was rented two and a half years ago by a Hispanic man from neighbor Valerie Holub and her husband.

“They were quiet, kept to themselves,” Holub said. “We had no issues with them.”

Holub said they rented the house to a Hispanic man who said he was from the Carolinas and was opening a restaurant — Las Cazuelas, Authentic Mexican Restaurant — in the Landings Shopping Center at the corner of Walker Road and Avon Belden Road. There was no answer at the restaurant Wednesday afternoon.

“He said he was bringing some guys up from North or South Carolina, I can’t really remember which, to get it started,” Holub said.

Avon Lake Police Lt. Duane Streator said two Avon Lake officers assisted with Wednesday’s operation, he but deferred other questions to Border Patrol, who took custody of the undocumented workers.

Border Patrol Agent Chris Crogan said the men were taken to Sandusky for processing and a court appearance, adding he wasn’t sure what the next step for the men would be.

It was unknown in what capacity the men worked at Las Cazuelas.

Contact Alicia Castelli at 329-7144 or acastelli@chroniclet.com.

Photos by CT Photo Chief Bruce Bishop.