Golsby jury weighs life vs. death

Reagan Tokes’ parents held hands in the Franklin County courtroom and listened to defense attorneys describe their daughter’s killer as a victim.

In her closing arguments in the death penalty phase of Brian Golsby’s capital murder case, Diane Menashe described Golsby’s neglect, beatings at the hand of his mother and rape by a stranger at age 12. She spoke about systemic failures: of the treatment programs in youth and adult prisons, where Golsby spent much of his 30 years, and parole officers’ failed to monitor him while wearing an ankle bracelet for previous crimes.

“They failed Brian, and because of that they failed Reagan Tokes,” she said.

After five hours of deliberating, the jury broke for dinner Tuesday night. They will be sequestered in a Downtown hotel and resume at 9 a.m. Wednesday, the process repeating until a verdict is reached.

Menashe told the jury that Golsby’s lack of support extended to his trial.

“Imagine having your life on the line, and no one in your family willing to stand Brian Golsby takes his seat at the defense table for closing arguments in the death penalty phase of his capital murder case. He was in Franklin County Common Pleas Court on Tuesday. beside you, to support you,” she said. Only one person, a family friend, testified that Golsby was a good kid who faced daunting circumstances.

Prosecutors concede that Golsby had it rough, but they say that he, like others who face bad breaks, still had choices. And he made numerous bad ones and tried to evade consequences, they said.

Franklin County Prosecutor Ron O’Brien said: “He’s a bald-faced liar whenever it fits his purpose.”

Both attorneys critiqued Golsby’s apology last week and his request for mercy.

Menashe said his voluntary, unsworn statement required courage: “No one’s ever stood in front of Brian and said ‘I’m sorry,’” she said.

“I ask you. I beg you. Do not kill him,” she concluded.

Jimmy Lowe, an assistant county prosecutor, described Golsby’s apology as “dripping with irony,” recalling how Tokes begged for her own life, telling Golsby, “All I want to do is live.”

Jurors must consider if any of 18 mitigating factors presented by the defense outweigh the aggravating circumstances — kidnapping, rape and robbery — in the murder of Tokes in February 2017. If even one juror determines that, Golsby will be spared death.

Then, jurors would have to unanimously decide from three life sentence options, with parole eligibility after either 25 or 30 years, or no chance of release.

Jurors are prohibited from using prejudice, bias or sympathy to measure Golsby. But Menashe said she wanted something different: “to get you to understand why he would make such an incredibly, horribly, horrendous act.”

Caron Montgomery, who stabbed his girlfriend and her two children to death, was the last person to be sentenced to death in Franklin County, in 2012.

“Take all the time you want. This is an important case,” Franklin County Common Pleas Court Judge Mark Serrott told the jury.

The Tokeses have said they will comment when the case is complete.