NEW PHILADELPHIA — The man accused of firing the single gunshot that killed 19-year-old Luke Cabbage is being held in the Tuscarawas County jail without bail, under terms of an order issued Monday, Oct. 23, by Common Pleas Judge Edward O’Farrell.
Two other defendants, Jordan C. Robinson, and Kyle G. Boyd, in the case were released on their own recognizance, with conditions, on Monday.
In his decision revoking the $5 million bail that had been set in Tuscarawas County Court’s Southern District, O’Farrell wrote that the prosecutor "proved, by clear and convincing evidence that the proof is evident or the presumption is great that Arnoldo Moreno Orduno committed one or more of the felony crimes charged in the indictment against him ...."
The judge wrote that the prosecutor provided by clear and convincing evidence that the 19-year-old defendant "poses a substantial risk of serious physical harm to persons in the community" and "that no release conditions will reasonably assure the safety of persons in the community."
All three men were arrested Sept. 12 in Jefferson County, a day after Cabbage, of New Philadelphia, was found dead in a front yard in Newcomerstown.
Moreno-Orduno, of Dillonvale, is charged with one count of aggravated murder, four counts of murder, one count of aggravated robbery, two counts of conspiracy, and one count of tampering with evidence. All counts contain a three-year firearm specification. If convicted, he could receive up to a life prison sentence with no possibility of parole.
Robinson, 20, of Bloomingdale, is charged with one count of aggravated murder, three counts of murder, two counts of involuntary manslaughter, one count of aggravated robbery, two counts of conspiracy, and one count of tampering with evidence. All counts contain a three-year firearm specification. If convicted, he could receive up to a life prison sentence with no possibility of parole.
Boyd, 22, of Mingo Junction, is charged with involuntary manslaughter and two counts of conspiracy. All counts contain a three-year firearm specification. If convicted, he could receive up to an 11-year prison sentence for the manslaughter and conspiracy charges, a three-year sentence for the tampering with evidence charge, and a three-year sentence for firearm specifications.
In releasing Robinson and Boyd on their own recognizance, O’Farrell set aside the $2 million bail amounts that had been set in Southern District Court by Judge Bradley Hillyer.
O’Farrell’s decisions to release Robinson and Boyd said the prosecution "has failed to prove, by clear and convincing evidence, that the proof is evident or the presumption is great that the Defendant committed one or more" of the crimes alleged. He further wrote that the prosecution did not prove that the defendants pose "a substantial risk of serious physical harm to any person or to the community, and that no release conditions will reasonably assure the safety of that person in the community."
During a sentencing hearing held Friday, Detective Lt. Jeff Moore said Moreno-Orduno admitted to shooting Cabbage, and that he and his co-defendants conspired to travel in Robinson’s car from Jefferson County to Tuscarawas County to steal drugs from Cabbage. Boyd had told the detective he passed out while the trio was in Newcomerstown.
Terms imposed on Robinson and Boyd during their releases are:
• They must live with their parents;
• They must observe a curfew at their parents’ homes from 7 p.m. to 7 a.m.;
• They shall not consume any alcohol or enter any place that sells alcohol as its main business function;
• They must not ingest any illegal drugs;
• They must have no contact with Cabbage’s family; and
• They must not enter Tuscarawas County except for court appearances.
Pretrial conferences are scheduled for Moreno-Orduno on Nov. 6, and for Boyd and Robinson on Nov. 20.