2nd trial begins for suspect in 2017 double killing in Ravenna

More than six years after a jury convicted Javon Thomas in the shooting deaths of two men in a Ravenna apartment, another jury is now hearing his case.

Thomas' conviction was overturned, and a new trial was ordered. He originally was sentenced to spent at least 36 years in prison.

Opening statements by the prosecution and defense were made Tuesday afternoon in the courtroom of Judge Laurie J. Pittman in Portage County Common Pleas Court. Jury was seated before lunch Tuesday, a lengthy process that began Monday.

More: New trial ordered for man sentenced to prison for double homicide in Ravenna

Thomas is accused of shooting Brian Brack, 24, of Canton and Austin Tiller, 20, of Cuyahoga Falls. Thomas claims self-defense in the shooting of Brack, who was also armed and fired twice, and that Tiller's shooting was an accident. Thomas also is accused of shooting Brack's girlfriend in the leg while aiming at Brack.

"Death came knocking that day," Connie Lewandowski, one of three prosecutors on the case, said during the prosecution's opening presentation. "It came the usual way, resolute and without warning."

Brack was a student at the University of Akron, just months away from becoming a certified public accountant. Tiller was a Stow-Munroe Falls High School graduate.

"Jan. 7, 2017, was an unimportant date for you and I," Job Perry, one of Thomas' two attorneys, told jurors. "But not for Javon Thomas or the eyewitnesses in that room."

Competing claims made

The shootings took place at an evening party at the Woodgate Boulevard apartment of Thomas' girlfriend. Brack was not initially present, but his girlfriend, a cousin of Thomas' girlfriend, and Tiller were guests. Lewandowski noted that Thomas continues to claim self-defense, but she said the jury will see otherwise.

"We're going to dissect his testimony and show it does not comport to the evidence and ballistics," she said.

At some point during a drinking game, Thomas made a joke about Brack's girlfriend not wanting to drink anymore. She reportedly took exception and left, returning after a time with Brack. Thomas testified during his trial that as Brack entered, he saw Brack put a gun into his coat pocket and became afraid. Words were exchanged, and Brack allegedly pulled out a 9mm pistol. Thomas then pulled out his own weapon, a .38-caliber handgun, and shots were fired.

Another male guest at the party also had a gun, but did not use it.

Evidence showed that Thomas fired six rounds, emptying his gun. Thomas said he was firing as quickly as he could at Brack out of fear as he ran to take cover in a bedroom. One of Thomas' shots hit Brack in the chest, while three hit Tiller in the back, and at least one went into Brack's girlfriend's leg. One bullet hit Tiller in the heart, said Lewandowski.

Tiller was the only male present who was unarmed, and was described as an innocent bystander caught in the crossfire. Lewandowski said Tiller's "jovial nature" drew people to him and he was a "peacemaker" who tried to calm Thomas.

Brack fired two shots, and one struck Tiller in the leg. The other a TV belonging to Thomas. Lewandowski said Brack had only two rounds in his gun, and after firing them, ran into the hallway outside the apartment, where he collapsed and died.

"If Brian Brack had come for a gunfight, he would have filled his magazine," said Lewandowski.

Thomas went to his car and tried to leave, but Ravenna police responding to a 911 call from his girlfriend blocked his vehicle.

Perry said that when asked during the 911 call who the shooter was, Thomas' now former girlfriend identified Brack. He also said that evidence indicates that Thomas did not start shooting while Brack was still still sitting on the couch, but after Brack pulled out his gun.

"You'll get to see and hear what happened from eyewitnesses," he said.

Perry said that contrary to the prosecution's contentions, Brack was behaving in a threatening way and that the atmosphere of the party went from fun to fear.

"You're going to see that when he came, everything in that room changed," he said.

During his testimony in 2017, Thomas said he had been afraid and shot at Brack in self defense. He said he had not seen Tiller while he fired at Brack and expressed regret for shooting Tiller, a friend he had made at the party. Lewandowski, however, alleged Thomas took cover behind Tiller.

Lewandowski said Brack had only wanted Thomas to apologize to his girlfriend and sat on a couch for several minutes until Thomas started shooting with the gun he had placed on his lap. She described Thomas as being in a "testosterone fueled rage."

"Brian Brack didn't see it coming and got up and clumsily pulled his gun out of his pocket," she said. "He's already shot at this point."

Conviction overturned

A jury found Thomas guilty of two counts of murder, two counts of felonious assault and one count of misdemeanor negligent homicide, along with four firearms specifications, in October 2017. Pittman sentenced Thomas to 36 years to life in prison.

Thomas appealed to the Ohio 11th District Court of Appeals, which ordered a new trial in July 2019. The appelate court said that the trial court erred when instructing the jury about state law regarding self-defense and retreating from a dangerous position.

The appeals court said that because Thomas lived in the apartment periodically, the jury should have been instructed to consider "castle doctrine," which under state law does not require retreat if an alleged attack takes place in a home where the defendant lives.

The appeals court also said text messages between Brack and his girlfriend before Brack's arrival at the party should have been included in evidence. The trial court did not allow the texts because it did not believe they could be authenticated.

Perry said those texts show that Brack's girlfriend was trying to calm him down before he arrived and prevent the situation from escalating.

"She knew going in what Brian was capable of," he said.

Following the appeals court decision, Thomas' bond was reinstated and set at $2 million.

Reporter Jeff Saunders can be reached at jsaunders@recordpub.com.

This article originally appeared on Record-Courier: Javon Thomas' 2nd trial in 2017 double killing in Ravenna kicks off