'Not a win for anybody.' Murder, assault charges dropped over Canton man's shooting death
CANTON ‒ Video evidence led Stark County prosecutors to drop a murder charge against an 18-year-old Canton man.
Anthony Hinton was set to go to trial next week for the shooting death of Dajuan T. Wheat, 26.
On Thursday, Stark County Assistant Prosecutor Dennis Barr told Common Pleas Judge Chryssa Hartnett while preparing for the trial the state observed a video showing Wheat pointing a gun at Hinton before Hinton fired his gun.
Barr asked that the murder and felonious assault charges be dismissed.
Hinton then pleaded guilty to one count of carrying a concealed weapon, a fourth-degree felony.
"There is no doubt Mr. Hinton had a firearm and concealed it at some points," Barr said.
Hartnett sentenced Hinton to three years of intensive supervised probation as well as 100 hours of community service, maintaining full-time employment, and obtaining his GED or other education as approved by the probation office. He was ordered to pay court costs.
The sentence was stayed until the courts determine if Hinton's case should remain in Common Pleas Court or be returned to juvenile court. Hartnett set Hinton's release from jail as Feb. 17.
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Hinton was 17 when the shooting took place. He was initially charged as a juvenile and his case was later moved to adult court.
"This is a unique situation," Hartnett said. "I know the state objects but I believe it has to happen according to the law."
Video shows Dajuan Wheat holding a handgun
The Repository viewed the prosecution's videos of the shooting scene captured by a home security system.
In several videos, Wheat can be seen walking around with a gun in his hand. People can be heard telling Wheat to get inside the house.
The video in question shows Hinton and Wheat standing between two vehicles in a driveway on April 16, 2022, in the 3100 block of Gilbert Circle NE.
The two can be seen exchanging words as Wheat begins to walk around a vehicle. A gun is visible in his hand. He walks out of the scene but Barr points out that his shadow can be seen in the vehicle's car door, which is open.
It shows Wheat lifting his arm and pointing a gun at others.
(Information has been updated to correct an error. See correction below.)
A group of people out of the view of the camera are in the front yard of the home behind Hinton. They can be heard in the background. As Wheat raises his arm, a woman can be heard yelling, "Stop, stop, stop."
Hinton then fired four times. Two shots hit the top of the vehicle. Another entered Wheat's upper arm, exited his arm and then entered his chest, Barr said.
Wheat never fired a shot, Barr said. He can be seen walking away from the home.
Police found the victim in the grass between nearby duplexes. He died on April 30 at Cleveland Clinic Akron General Hospital.
The decision to drop charges against Anthony Hinton
Barr said prosecutors have had the video since the start of the case, but it wasn't until just a few weeks ago they saw the shadow of Wheat's arm.
Wheat's family is extremely saddened by the state's decision to dismiss the charges, Barr said.
"I feel really bad for them, but we had no choice under the law," he said.
In Ohio, you can claim self-defense if you fear for your life or someone else's life.
Hinton's attorney, Ty Graham, said the case put the state in a difficult situation, but prosecutors had to do the right thing by dismissing the charges.
"I have high hopes for Anthony," Graham said.
A family member who was in court with Hinton on Thursday summed up the outcome of the case. "Not a win for anybody."
Reach Amy at 330-775-1135 or amy.knapp@indeonline.com
On Twitter: @aknappINDE
CORRECTION: The video shows Dajuan Wheat lifting his arm and pointing a gun at others. The description was incorrect when this story first published. 6 p.m. 2/9/23)
This article originally appeared on The Repository: Stark prosecutors drop murder charge in shooting death of Dajuan Wheat
