JEFFERSON — One of two brothers charged in a fatal shooting last year at the Circle K in Ashtabula was sentenced Thursday to five years probation for improperly handing a firearm in a motor vehicle, a fourth-degree felony.
Dakota Burdette, 26, pleaded guilty in January in a plea negotiation with prosecutors in which he forfeited his firearm and agreed to five years community control. If Burdette violates his probation, he will serve 18 months in prison. In exchange for the agreement, the state dismissed the remaining six charges, Ashtabula County Prosecutor Cecilia Cooper said.
The charges came about after Burdette’s brother, Travis E. Burdette, 28, of Ashtabula, fatally shot Jerome Noble, 32, on Jan. 24, 2019, after the Burdettes got into a verbal confrontation with Noble’s cousin, Christopher J. Alston, 33, of Painesville, according to law enforcement officials.
Alston walked out of the store and gestured for Noble, who was waiting in the car, police said.
When Noble approached the Burdettes’ vehicle, Travis Burdette shot Noble several times in the upper chest and neck area, according to the Ashtabula County Coroner’s Office. Travis was not injured and turned himself in to law enforcement.
Police did not arrest Travis Burdette at the time because they did not believe he posed a threat to the community and he had a concealed carry permit. Dakota Burdette was arrested because he had a gun and did not have a concealed carry permit.
Travis Burdette did not take the prosecutor’s plea offer and his trial was set for June 1, but it has been delayed and will be rescheduled, according to Ashtabula County Common Pleas Court records.