The verdict is in for one of two people accused in the death of a Kmart security guard who caught them stealing from the Waterford Township store in January. But Oakland County Circuit Court Judge Leo Bowman is keeping the verdict for 20-year-old Samantha Lomasney of Pontiac sealed until the second jury has reached its verdict for co-defendent James Woodworth.
John Wainio – eldest brother of the victim – Greg, doesn’t mind the wait.
“It’s not different than before the trial started. I mean, we had to wait then, we have to wait now. And I’d rather have to wait for a verdict before we hear something, because I don’t want the jury if they dont finsih deliberating today and they go the next day, the day after, the day after, to have a tainted sense of what’s going on,” Wainio said.
The Woodworth jury has asked to review a variety of evidence in the case.
Greg Wainio, 36, who worked as a loss prevention officer, suspected the pair of stealing CDs from the store on Highland Road in Waterford Township.
Police said he grabbed onto the couple’s vehicle while Lomasney was driving and was dragged more than 200 feet.
Wainio was crushed when the vehicle hit a concrete pillar.
Prosecutor Jason Perncik told the jurors that the defendants’ actions were intentional.
“Samantha Lomasney was not going to let anyone or anything get in the way of stealing those CDs and selling them to support her drug habit,” Perncik said. “She was not going to stop, her only goal was to escape with the stolen DVDs.”
Lomasney’s attorney Joseph Levine argued that she was a frightened young woman who panicked and didn’t know that Wainio was attached to the car. He said the death was a tragic accident.
The pair was tried simultaneously, but by different juries. If convicted, they could each face life in prison.
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