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Published: Tuesday, 6/24/2008

2 men guilty in East Toledo home entry, shooting

Two Toledo men who forced their way into an East Toledo home and then shot a man who lived there were convicted yesterday in Lucas County Common Pleas Court of aggravated burglary and felonious assault.

Jesse Garcia, 22, of 1028 Greenwood Ave. entered an Alford plea to one count of aggravated burglary and one count of felonious assault.

In an Alford plea, defendants do not admit commission of a crime, but plead guilty because they decide it's in their best interest. The court treats it as a guilty plea.

Garcia's cousin, David Randall, 27, of 1531 Remington St. pleaded guilty to one count of aggravated burglary.

The men were found guilty by visiting Judge Steve Yarbrough, who is retired from the Lucas County Common Pleas bench. He was filling in for Judge Charles Doneghy, who was busy with other matters, Judge Yarbrough said.

According to Assistant Lucas County Prosecutor Tim Braun, the charges stem from an altercation between Garcia and the victim's son, Kerry Trester, Jr.. The men got into a fistfight, Mr. Braun said.

"The defendant [Garcia] was not willing to accept what had happened," the assistant prosecutor said.

He picked up his cousin and the pair went to the victim's home in the 600 block of Berry Street, near Nevada Street, around 3 a.m. on March 30, Mr. Braun said.

When Kerry Trester, Sr., 42, answered the door, he was shot in the chest at close range, injuring his lung and a kidney, Mr. Braun said.

Garcia could receive up to 21 years in prison, and will receive a minimum of three years for using a firearm, Judge Yarbrough said. Randall could receive three to 10 years in prison.

After being found guilty, Randall told the court when he went to the victim's home, he thought he was only going for a fistfight, "nothing more."

He quietly wept as he sat in the courtroom.

Garcia declined to make a statement.

Sentencing is July 10 in Judge Doneghy's courtroom.



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