A 19-year-old Canton man reached a plea agreement in the April shooting death of Khaleel Kimbrough.
CANTON LaDonya Kimbrough-Claybourne said she misses the sense of humor that was her late son's trademark.
The son who once dressed with his clothes backward. Shirt, pants, hat, everything. It wasn't until she noticed his "hairy face" that she figured out his prank.
And she'll also miss the silly phone messages he would leave, singing "Beat It" by Michael Jackson, one of her favorite musical artists. She still listens to those messages, treasuring the voice of 22-year-old Khaleel Kimbrough, who was fatally shot on April 10 in Canton.
Seated outside a courtroom on Wednesday, Kimbrough-Claybourne reflected on those memories, her eyes brightening and cheeks springing into a smile. Moments earlier, she had confronted Xavier Hatchett, 19, who reached a plea agreement in his murder case tied to Kimbrough's death.
County prosecutors dropped charges of murder and felonious assault in connection with the shooting death that occurred in the Fourth Street and Economy Court SE area. Hatchett admitted to a charge of tampering with evidence.
Stark County Common Pleas Judge Kristin Farmer sentenced Hatchett to three years in prison, the maximum term for the third-degree felony.
He was facing 15 years to life if convicted of murder.
Time for reflect
Prior to sentencing, the mother aimed her words at Hatchett.
"I'm disappointed in you, I'm disappointed in your actions that you have taken," she said. "I'm disappointed because you were raised a lot better than that. You were raised to be a strong man. I know your family, you know I know your family."
Kimbrough-Claybourne told the defendant that his late uncle was her pastor.
"During one of his sermons, your uncle said he used to pray (for) family and friends to be released from jail," Kimbrough-Claybourne said. "... But then at one point ... he stopped that prayer because he soon realized sometimes those people needed to be removed out of their situation. They need to be removed out of their environment, they need to be removed away from their so-called friends ... and reflect.
"... Maybe at this time you will take a little bit of time for yourself so you can reflect (and make) better decisions," she said.
Avoiding another trial
Kimbrough-Claybourne said she supported the plea agreement, which prevented the emotional trauma of a second trial. In December, a jury couldn't reach a verdict in Hatchett's first trial, prompting Farmer to declare a mistrial.
At Wednesday's plea and sentencing hearing, Farmer addressed Hatchett.
"No one in this room except for you knows what happened on that night in April ... but you have taken responsibility at least for some of those actions as it relates to hampering the justice system," the judge said.
Referring to the comments of Kimbrough's mother, Farmer said that Hatchett "can reflect (while in prison) to determine if this is the life you want."
Assistant Stark County Prosecutor Dennis Barr said jurors in the December trial deadlocked 9-3 in favor of acquittal. He said the same evidence would have been presented at a second trial and he didn't expect a different outcome.
"Those numbers indicated to me the quality of our evidence was lacking," the assistant prosecutor said.
Barr said the plea agreement guarantees that Hatchett will spend time in prison, which the victim's mother wanted.
A co-defendant, Travonne Pounds, 20, pleaded guilty to murder and had other charges dismissed as part of an agreement with prosecutors in which he testified against Hatchett. Pounds will serve 15 years in prison before he's eligible for release.
On April 10, Kimbrough had asked Hatchett to come to his southeast Canton house to fight and settle a dispute, according to testimony. Prosecutors argued to jurors that Hatchett aided and abetted Pounds, who fatally shot Kimbrough. The defense said the prosecution's evidence didn't support the murder and felonious assault charges.
Following the hearing, Hatchett's attorney, Dennis Day Lager, said he considered the case against his client to be "an over indictment."
"I think this plea and resolution was more appropriate to what his involvement was," said Day Lager, noting Hatchett had turned down previous plea offers.
"It's regrettable that a young man lost his life, and I think the Hatchett family and Xavier ... their hearts go out to the Kimbrough family," the attorney said.
Kimbrough, a 2013 graduate of McKinley High School, was described by his mother and friends as a man without a mean bone in his body.
During the hearing, Jeanelle Sybole, the mother of a close friend of Kimbrough's, spoke in court.
"Khaleel's life was one that touched many," she said. "Not a single person that knows him can tell you a single bad thing about this kid."
Kimbrough had enlisted in the Army, participating in boot camp before he was discharged for medical reasons, said Kimbrough-Claybourne, formerly of Canton and now living in South Carolina.
After months of tears, heartbreak, regret, disappointment and reflection, the mother said she was seeking resolution.
"I hope this is Xavier's rock bottom," Kimbrough-Claybourne said following the hearing. "Maybe with this being his rock bottom, he can make better choices."
And "maybe he can be a positive role model and teach someone else to do better," she added.
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