An Akron father accused of involuntary manslaughter in the January shooting death of his 4-year-old son is set to go to trial in July, with both sides talking openly in court about the possibility of a plea deal.
Terrance Allen, 49, appeared in red-striped jail clothes and shackles during a hearing Tuesday before Summit County Common Pleas Judge Judy Hunter.
Standing next to his attorney, Rufus Sims of Cleveland, Allen had a somber look on his face and kept his head bowed as he stood before the bench.
Allen was driving a 1998 Ford Taurus at South Arlington Street and Davies Avenue, according to police, when he suddenly pulled over and signaled for a Summit County sheriff’s deputy who happened to be driving by about 9:30 in the morning of Jan. 23.
Akron police have said the child, Jamarcus Allen, got a hold of a gun and accidentally shot himself. The bullet passed through the roof of the car above the rear passenger seat, according to crime scene evidence.
A witness told police Allen had his son cradled in his arms outside the car as the deputy arrived on the scene. Jamarcus was taken to Akron Children’s Hospital and was pronounced dead about an hour after the shooting.
After discussions in chambers Tuesday, Hunter scheduled a July 15 trial date, and also set a July 9 deadline for reaching a plea deal in the case.
In addition to one count of involuntary manslaughter, Allen is charged with endangering children, tampering with evidence, possessing a weapon under previous felony disability and a misdemeanor for violating a protection order.
Pretrial court records show the defendant had a 1996 felony burglary conviction in Cuyahoga County, barring him from carrying or owning a gun.
Based on his statements in court, Sims appeared to be trying to win an assurance that the previous conviction would not come into evidence in connection with the most serious charge of manslaughter.
If Allen chooses a jury trial, Hunter assured Sims that she specifically would instruct the panel that the 1996 conviction can be used only as evidence to prove the illegal gun charge.
The defendant can elect to have Hunter hear his case without a jury.
Summit County Assistant Prosecutor Jonathan Baumoel said during the hearing that “preliminary discussions” have occurred to resolve the case before trial.
“I know Mr. Sims is looking at some of the evidence still, but we will continue to talk and progress toward a potential resolution,” Baumoel said.
Allen remains in the county jail, unable to meet terms of his $350,000 bond.
Ed Meyer can be reached at emeyer@thebeaconjournal.com or 330-996-3784.