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Third and final person sentenced in Tuscarawas County fatal shooting case

The third and final man convicted in connection with the fatal shooting of a Newcomerstown man was sentenced Friday in Tuscarawas County.

The third and final man convicted in connection with the fatal shooting of a Newcomerstown man was sentenced Friday in Tuscarawas County.

Common Pleas Judge Edward Emmett O'Farrell is known for not wearing a judicial robe in court. Today, he was also seated at the table right in front of 23-year-old Kyle Boyd and attorneys.

The hearing had the feel of a juvenile hearing as the Mingo Junction man who pleaded guilty to charges of involuntary manslaughter and conspiracy to commit robbery underwent direct questioning from the judge. The judge also allowed questioning of Boyd from the prosecutor and his defense attorney. It was like a mini-trial all over again. We also heard from the victim's mother.

In short, Steubenville Defense Attorney Steve Stickles convinced the judge that Boyd was the least culpable of the three who were there that night when Arnoldo Orduno fatally shot 19-year-old Luke Cabbage. Stickles argued that Boyd was a naive partygoer who was passed out in the backseat as the two others drove to meet Cabbage in an apparent conspiracy to rob him of drugs.

Cabbage's mother has heard her third apology about her son's shooting death.

"Ms. Cabbage, there are no words I can say to -- I'm so sorry,” Boyd said.

Kathy Cabbage eulogized her 19-year-old son.

"My Luke was a gentle, kind, funny, intelligent boy; never had an enemy; always believed in second chances,” she said.

Stickles hoped to afford Boyd a second chance.

"He's 23. There's a chance to save him,” Stickles said. “And if you save him, you save society, judge. I'm sorry, sometimes you can save it all en masse, but to save it, you have to save it one person at a time."

O'Farrell allowed a practicial re-trial at sentencing. The judge asked Boyd questions, and so did Prosecutor Mike Ernest about the night that the three robbed Cabbage of illegal drugs: Jordan Robinson the driver; Orduno the shooter; Boyd agreeing to go along with an armed robbery plan.

"The three proceed to another person's house to use the drugs,” Ernest said. “No indication at all that there's been any attempt to have any second thoughts on this matter to call EMS, maybe we can still save our friend."

The defense ultimately argued that Boyd was a naive partygoer who was high on several drugs and had passed out in the back seat of the car. The judge did not offer the sentence the state was seeking of seven years, but instead handed down a four-year sentence, then added the condition of judicial release, meaning Boyd will go to prison at least for 18 months.

In the meantime, Orduno was sentenced previously to life in prison with possibility of parole after 25 years. Robinson of Bloomingdale was sentenced to seven years in prison.

NEWS9 will have more on this story at 11.

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