Appeals court vacates conviction for man convicted in crash that killed 12-year-old

YOUNGSTOWN, Ohio (WKBN) -- The Seventh District Court of Appeals last week vacated the conviction and sentence of a man sentenced to prison after he pleaded guilty to causing a crash that killed a 12-year-old boy. The case against Brandon Kennedy, 33, has now been remanded back to Judge Maureen Sweeney in Mahoning County Common Pleas Court after the appeals court ruled in favor an appeal by Kennedy's lawyer about Kennedy's plea agreement. Kennedy pleaded guilty May 28, 2025, before Judge Sweeney to charges of aggravated vehicular homicide, a first-degree felony; and aggravated vehicular assault, a third-degree felony. He was sentenced in July 2025 to 11 years in prison. Police say Kennedy was driving a car on Nov. 17, 2023, on Alameda Avenue that collided with a car going through the intersection at Juanita Avenue. The boy, JaVonie LaBooth, a passenger in Kennedy’s vehicle, was killed. Kennedy was sentenced to 11 years in prison following his plea. His attorneys filed an appeal stating that the state failed to fulfill its promise when recommending to the court the possible sentences that could be imposed. The appeals court also noted in its opinion, released July 2 and authored by Appellate Judge Cheryl L. Waite, that the state agreed with Kennedy's counsel. During the plea hearing, prosecutors recommended a sentence of eight to 12 years. However, Kennedy's appellate counsel said that prosecutors recommended a different sentence. The appellate court agreed, saying that the trial record showed that "the state promised to make a specific recommendation at sentencing regarding the sentence that should be imposed. The prosecutor, however, made a completely different recommendation." The court remanded the case back to Judge Sweeney. A new date has yet to be scheduled. Joining Judge Waite in her opinion were appellate judges Carol Ann Robb and Katelyn Dickey.