Robbery charges dismissed against mother, son in alleged incident with repo man
Robbery charges filed against an Akron mother and her 20-year-old son following an incident in June with a man who was attempting to repossess the family’s 2002 Oldsmobile have been dismissed.Jackie Daniels, 55, was to go to trial next week in Summit County Common Pleas Court on one felony count of robbery.But after prosecutors moved to dismiss the charge “for good cause,” Judge Mary Margaret Rowlands granted the request and vacated the trial date.The court action earlier this week came on the heels of a defense request to dismiss one felony count of robbery against Daniels’ son, Shawntrail Smith, after prosecutors rested their case in his Dec. 16 jury trial.The request was made by defense lawyer John Greven after a handful of the state’s witnesses testified against Smith the previous afternoon.Rowlands granted Greven’s request on the grounds there was insufficient evidence to take to the jury and dismissed the charge.“Even if you believed the state’s witnesses,” Greven said, “there was insufficient evidence to sustain a robbery conviction.”Greven called Smith, a student-athlete who is a freshman forward on the Hiram College basketball team, “a fine young man with a promising future.”April Wiesner, a spokesperson for the prosecutor’s office, said Smith’s case was dismissed because the court felt the repo man “had breached the peace when he attempted to repossess Ms. Daniels’ car.”The reason the charge against Daniels subsequently was dismissed, Wiesner said, was because her case “was essentially the same as that against her son.”Wiesner said prosecutors still contend the repo man acted lawfully in attempting to tow away the car.“The defendants in this case assaulted the victim, threatened him that they had a gun and stole the car, all of which the son admitted on video,” Wiesner said.Daniels’ attorney, Walt Benson, said he felt the worst-case scenario was that the June 23 incident amounted to disorderly conduct.“This was a situation that could have been handled better by everyone, including the repo man,” Benson said.According to initial reports by Akron police, another son of Daniels, a juvenile, also was involved in the incident.His case was adjudicated in Summit County Juvenile Court, but a spokesman declined to comment on the case, citing juvenile privacy rules.Ed Meyer can be reached at 330-996-3784 or at emeyer@thebeaconjournal.com.
