OH - Delvante Johnson, Toshaun Banks, Devaughn Gibson dead, Tevin Biles-Thomas *dismissed, Aug 2019

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Here is the June 8th Docket.

Cuyahoga County Clerk of Courts Site Terms of Service

Proceeding Date Filing Date Docket Party Docket Type Docket Description View Image
06/08/2021 06/08/2021 N/A JE DEFENDANT IN COURT. COUNSEL JOE PATITUCE; MEGAN PATITUCE PRESENT. PROSECUTOR(S) GREG MUSSMAN; KEVING BRINGMAN; CHAD CLEVELAND PRESENT. COURT REPORTER MELISSA JONES PRESENT. DEFENDANT'S MOTION FOR DISCLOSURE OF MACQUISE LEWIS' GRAND JURY TESTIMONY IS MOOT AND STRICKEN. STATE'S ORAL MOTION TO DISMISS COUNT 14 IS GRANTED. FINAL PRETRIAL HELD 06/08/2021. TRIAL REMAINS SET FOR 06/09/2021 AT 09:00 AM. 06/08/2021 CPJSX 06/08/2021 14:26:25
 
Thursday, June 10th:
*Re-Trial continues (Day 2) (@ 9am CT) – OH – DelVante Johnson (19), Toshaun Banks (21) & DeVaughn Gibson (23) (Dec. 31, 2018, Cleveland) - *Tevin Biles-Thomas (24/now 26) arrested (9/11/19), indicted (8/29/19), charged (8/29/19) & arraigned (9/13/19) with 6 counts of murder (2 counts for Johnson, 2 counts for Banks & 2 counts for Gibson) was changed (5/11/21) to 5 counts of murder (2 counts Johnson, 2 counts Banks & 1 count Gibson). 1 count Gibson: Count 9 (murder for Gibson) was dismissed (5/11/21) by DA’s oral motion with prejudice), 3 counts of voluntary manslaughter (1 count for Johnson, 1 count for Banks & 1 count for Gibson), 4 counts of felonious assault (1 count for Johnson, 1 count for Gibson, 1 count for Banks, 1 count for physical harm for Brown & 1 count for physical harm to Seawright; update: 5/19/21 Judge Synenberg dismissed Count 13: 1 count of felonious assault regarding shooting of Brown) & on 6/8/21: Count 14 dismissed: felonious assault on Seawright) & 1 count of perjury. Plead not guilty. $1M Cash/Surety bond. Bond modified (12/18/19) to $100K. Posted bond (12/19/19).
Trial began on 5/11/21 & ended in mistrial on 5/24/21. Copies of legal briefs from prosecutors & Biles-Thomas' attorneys somehow ended up among the trial evidence the court gave the jury to consult during its deliberations.
New trial began on 6/9/21.
Court info from 8/30/19 thru 5/6/21 & trial from 5/11 to 5/19/21 (Day 1-7) & Jury deliberations from 5/19 to 5/24/21 (Day 1-4) & Court info from 5/25/21 to 6/8/21 & re-trial from 6/9/21 (Day 1) reference post #179 here:
OH - Delvante Johnson, Toshaun Banks, Devaughn Gibson dead, Tevin Biles-Thomas *charged, 30 Aug 2019
6/9/21 Wednesday, Trial Day 1: Jury selection begins. Continues on 6/10/21.
 
Not getting any updated articles over here - maybe someone else can find some re jury selection....

Friday, June 11th:
*Re-Trial continues with Jury Selection (Day 4) (@ 9am CT) – OH – DelVante Johnson (19), Toshaun Banks (21) & DeVaughn Gibson (23) (Dec. 31, 2018, Cleveland) - *Tevin Biles-Thomas (24/now 26) arrested (9/11/19), indicted (8/29/19), charged (8/29/19) & arraigned (9/13/19) with 6 counts of murder (2 counts for Johnson, 2 counts for Banks & 2 counts for Gibson) was changed (5/11/21) to 5 counts of murder (2 counts Johnson, 2 counts Banks & 1 count Gibson). 1 count Gibson: Count 9 (murder for Gibson) was dismissed (5/11/21) by DA’s oral motion with prejudice), 3 counts of voluntary manslaughter (1 count for Johnson, 1 count for Banks & 1 count for Gibson), 4 counts of felonious assault (1 count for Johnson, 1 count for Gibson, 1 count for Banks, 1 count for physical harm for Brown & 1 count for physical harm to Seawright; update: 5/19/21 Judge Synenberg dismissed Count 13: 1 count of felonious assault regarding shooting of Brown) & on 6/8/21: Count 14 dismissed: felonious assault on Seawright) & 1 count of perjury. Plead not guilty. $1M Cash/Surety bond. Bond modified (12/18/19) to $100K. Posted bond (12/19/19).
Trial began on 5/11/21 & ended in mistrial on 5/24/21. Copies of legal briefs from prosecutors & Biles-Thomas' attorneys somehow ended up among the trial evidence the court gave the jury to consult during its deliberations.
New trial began on 6/8/21 with jury selection.
Court info from 8/30/19 thru 5/6/21 & trial from 5/11 to 5/19/21 (Day 1-7) & Jury deliberations from 5/19 to 5/24/21 (Day 1-4) & Court info from 5/25/21 to 6/8/21 & re-trial from 6/8/21 (Day 1) of jury selection reference post #185 here:
OH - Delvante Johnson, Toshaun Banks, Devaughn Gibson dead, Tevin Biles-Thomas *charged, 30 Aug 2019
6/8/21 Tuesday, Jury Selection Day 1: Jury selection began Tuesday morning per MSM article. No other info available. Jury selection continues on 6/9/21.
6/9/21 Wednesday, Jury Selection Day 2: No info yet. Jury selection continues on 6/10/21.
6/10/21 Thursday, Jury Selection Day 3: could still be going on. Continues on 6/11/21.
 
Okay - here's a few articles I've found. Jury selection ended on 6/10 & had opening statements the same day.

Prosecutors can’t find lone witness who identified soldier as gunman in New Year’s Eve triple killing in Cleveland

June 10, 2021
CLEVELAND, Ohio -- Cuyahoga County prosecutors cannot find the only witness who says he witnessed a U.S. soldier charged with murder fire a weapon during a deadly 2018 New Year’s Eve party shootout that left three men dead.

Assistant Cuyahoga County Prosecutor Gregory Mussman told Common Pleas Court Judge Joan Synenberg Thursday before opening statements in the second trial of Tevin Biles-Thomas that they cannot find Macquise “Taboo” Lewis. The witness did not respond to a subpoena to appear in court Wednesday, did not answer phone calls or text messages from police and prosecutors and was not home on Wednesday or Thursday when police tried to find him.

Synenberg will decide later Thursday whether to issue an arrest warrant for Lewis’ arrest.

Prosecutors also have not been able to find two other witnesses, including one man who got shot in the head during the incident and asked for warrants for their arrests.

The development is another blow to prosecutors in a case where no physical evidence links Biles-Thomas to the shooting. The first trial ended in a mistrial. Witnesses gave different descriptions of the shooter’s clothing. Synenberg placed restrictions on evidence the state can present to jurors.
[.....]
Prosecutors on Tuesday dismissed a perjury charge against Biles-Thomas that accused him of lying to the grand jury.

This one ^^ gave summary of the opening statements.


and another article:

Witness testimony begins in second trial for man accused of killing 3 people

June 11, 2021
CLEVELAND, Ohio (WOIO) - After opening arguments, witness testimony began Thursday morning in the second trial for Tevin Biles-Thomas.


Not much else in the article about "who" the witnesses were....


and another article:

12 hours ago:

Cuyahoga County prosecutors have trouble finding key witnesses in triple-murder trial

June 11, 2021
CLEVELAND, Ohio (WOIO) - Key witnesses in the triple murder trial for Tevin Biles-Thomas are nowhere to be found.

On Friday, the prosecution asked the judge to issue arrest warrants for three people who are supposed to testify.

“I can just state that I have notified them, they have not responded to me,” said Greg Mussman, Cuyahoga County prosecutor. “They’re purposefully ignoring me.”

Judge Joan Synenberg wasn’t quick to sign off on those warrants.

She made it clear she didn’t like the fact that the prosecution summoned the witness only a few days ago.
[.....]
One of the witnesses, Macquise Lewis, was the only person to identify Biles-Thomas as the shooter.

Lewis was actually charged with tampering with evidence after he tossed one of the two guns that were at the party into Lake Erie.

Lewis took a plea deal in that case and he was told he had to testify at this trial.

Now, it’s up to Judge Synenberg on whether or not Lewis and the other two will be hauled back into court in handcuffs.
 
Here are more Docket listings for June 9th.
CR-19-643478-A
Cuyahoga County Clerk of Courts Site Terms of Service

upload_2021-6-12_10-45-8.png

06/09/2021 06/09/2021 D1 MO MOTION TO DISMISS, FILED. MOTION TO DISMISS 06/11/2021 - UNOPPOSED AND GRANTED
06/09/2021 06/11/2021 N/A JE DEFENDANT IN COURT. COUNSEL JOE PATITUCE; MEGAN PATITUCE PRESENT. PROSECUTOR(S) GREG MUSSMAN; KEVIN BRINGMAN; CHAD CLEVELAND PRESENT. COURT REPORTER MICHELLE JONES PRESENT. DET. SHAPIRO, PRESENT. PLEA OFFER PLACED ON THE RECORD. TRIAL CALLED AND FIRST DAY OF TRIAL COMMENCED. 06/09/2021 CPJSX 06/09/2021 10:04:39
06/09/2021 06/09/2021 N/A JE THE COURT REQUESTS THE PRESENCE OF A DEPUTY FOR TRIAL. 06/09/2021 CPJSX 06/09/2021 09:15:24
06/09/2021 06/09/2021 N/A CS CALLING WITNESS
06/09/2021 06/09/2021 N/A SB WITNESS VOUCHER PRINTED FOR SUBPOENA 1357804
 
Here are more Docket listings for June 10th.
CR-19-643478-A
Cuyahoga County Clerk of Courts Site Terms of Service

upload_2021-6-12_10-46-32.png

Proceeding Date Filing Date Docket Party Docket Type Docket Description View Image
06/11/2021 06/11/2021 P1 BR REPLY BRIEF FILED REPLY TO DEFENDANT'S OPPOSITION TO REQUEST FOR MATERIAL WITNESS WARRANTS MOTION FOR USE OF PRIOR TESTIMONY
06/11/2021 06/11/2021 N/A CS COURT REPORTER FEE
06/11/2021 06/11/2021 P1 MO MOTION FILED BY P1 THE STATE OF OHIO ATTORNEY GREGORY MUSSMAN 0079641 OPPOSITION TO REQEUST FOR MATERIAL WITNESS WARRANTS, MOTION FOR USE OF PRIOR TESTIMONY 06/11/2021 - WITHDRAWN
06/11/2021 06/11/2021 N/A SB STATE SUBPOENA ISSUED (1359282)
06/11/2021 06/11/2021 N/A SB STATE SUBPOENA ISSUED (1359281)
06/11/2021 06/11/2021 N/A SB STATE SUBPOENA ISSUED (1359280)
06/11/2021 06/11/2021 N/A SB STATE SUBPOENA ISSUED (1359279)
06/10/2021 06/10/2021 D1 BR BRIEF IN OPPOSITION, FILED BRIEF IN OPPOSITION TO MATERIAL WITNESS WARRANT
06/10/2021 06/11/2021 N/A JE JURY TRIAL CONTINUES. 06/10/2021 CPJSX 06/10/2021 11:30:00
06/10/2021 06/10/2021 P1 MO MOTION FILED BY P1 THE STATE OF OHIO ATTORNEY CHADWICK P. CLEVELAND 0093722 BENCH WARRANT 06/11/2021 - WITHDRAWN
06/10/2021 06/10/2021 N/A SB STATE SUBPOENA ISSUED (1359099)
06/10/2021 06/11/2021 N/A JE DEFENDANT'S MOTION TO DISMISS, FILED 06/09/2021, IS UNOPPOSED AND GRANTED. COUNT 12 OF THE INDICTMENT IS DISMISSED. 06/10/2021 CPJSX 06/11/2021 11:28:30
06/10/2021 06/10/2021 N/A CS CALLING WITNESS
06/10/2021 06/10/2021 N/A SB WITNESS VOUCHER PRINTED FOR SUBPOENA 1357801
06/10/2021 06/10/2021 N/A CS CALLING WITNESS
06/10/2021 06/10/2021 N/A SB WITNESS VOUCHER PRINTED FOR SUBPOENA 1359099
 
Thanks @PayrollNerd - wish they would put the witnesses names in there.... oh well, need to wait for an article I guess. :)
 

Attachments

  • Biles-Thomas Case 6-10-21 Material Witnesses p1-3.pdf
    1.5 MB · Views: 2
After the updates (above) I have re-done the Day 1 thru Day 2 & then I'll shorten it up.

Monday, June 14th:
*Re-Trial continues (Day 3) (@ 9am CT) – OH – DelVante Johnson (19), Toshaun Banks (21) & DeVaughn Gibson (23) (Dec. 31, 2018, Cleveland) - *Tevin Biles-Thomas (24/now 26) arrested (9/11/19), indicted (8/29/19), charged (8/29/19) & arraigned (9/13/19) with 6 counts of murder (2 counts for Johnson, 2 counts for Banks & 2 counts for Gibson) was changed (5/11/21) to 5 counts of murder (2 counts Johnson, 2 counts Banks & 1 count Gibson). 1 count Gibson: Count 9 (murder for Gibson) was dismissed (5/11/21) by DA’s oral motion with prejudice), 3 counts of voluntary manslaughter (1 count for Johnson, 1 count for Banks & 1 count for Gibson), 4 counts of felonious assault (1 count for Johnson, 1 count for Gibson, 1 count for Banks, 1 count for physical harm for Brown & 1 count for physical harm to Seawright; update: 5/19/21 Judge Synenberg dismissed Count 13: 1 count of felonious assault regarding shooting of Brown) & on 6/8/21: Count 14 dismissed: felonious assault on Seawright) & 1 count of perjury (perjury charge was dismissed on 6/8/21). Plead not guilty. $1M Cash/Surety bond. Bond modified (12/18/19) to $100K. Posted bond (12/19/19).
After all dismissals Biles-Thomas is charged with 4 counts of murder (2 counts for Johnson, 2 counts for Banks) & 3 counts of voluntary manslaughter (1 count for Johnson, 1 count for Banks & 1 count for Gibson).
Trial began on 5/11/21 & ended in mistrial on 5/24/21. Copies of legal briefs from prosecutors & Biles-Thomas' attorneys somehow ended up among the trial evidence the court gave the jury to consult during its deliberations.
New trial began on 6/8/21 with jury selection ended on 6/10/21.
Trial began on 6/10/21.
Court info from 8/30/19 thru 5/6/21 & trial from 5/11 to 5/19/21 (Day 1-7) & Jury deliberations from 5/19 to 5/24/21 (Day 1-4) & Court info from 5/25/21 to 6/8/21 & re-trial from 6/8/21 to 6/10/21 (Day 1-3) of jury selection & trial began on 6/10/21 reference post #185 here:
OH - Delvante Johnson, Toshaun Banks, Devaughn Gibson dead, Tevin Biles-Thomas *charged, 30 Aug 2019
6/8/21 Tuesday, Jury Selection Day 1: Prosecutors dismissed the perjury charge. Jury selection began Tuesday morning. No other info available. Jury selection continues on 6/9/21.
6/9/21 Wednesday, Jury Selection Day 2: The court requests the presence of a deputy for trial. Defendant in court, counsel Joe Patituce & Megan Patituce present. Prosecutors Greg Mussman, Kevin Bringman & Chad Cleveland present. Det. Shapiro, present. Plea offer place on the record. Trial called & commenced. Motion to dismiss, filed. Motion to dismiss-Count 12 of the indictment (perjury)-unopposed & granted 6/11/21. No other info yet. Jury selection continues on 6/10/21.
6/10/21 Thursday, Jury Selection Day 3 & Trial Day 1: Jury selection is complete. Motion filed by State, attorney Chad Cleveland for bench warrant-withdrawn. Assistant Cuyahoga County Prosecutor Gregory Mussman gave opening statements & attorney Joe Patituce gave opening statements for defense. Trial continues on 6/11/21.
6/11/21 Friday, Trial Day 2: On Friday, the prosecution asked the judge to issue arrest warrants for three people (Demarco Williams, Macquise Lewis & Dejonte Seawright) who are supposed to testify. State's motion filed by Greg Mussman-opposition to request for material witness warrants, motion for use of prior testimony-withdrawn. Reply brief filed: reply to defendant's opposition to request for material witness warrants motion for use of prior testimony. No other info available. Trial continues on Monday, 6/14/21.
 
Tuesday, June 15th:
*Re-Trial continues (Day 4) (@ 9am CT) – OH – DelVante Johnson (19), Toshaun Banks (21) & DeVaughn Gibson (23) (Dec. 31, 2018, Cleveland) - *Tevin Biles-Thomas (24/now 26) arrested (9/11/19), indicted (8/29/19), charged (8/29/19) & arraigned (9/13/19) with 6 counts of murder (2 counts for Johnson, 2 counts for Banks & 2 counts for Gibson) was changed (5/11/21) to 5 counts of murder (2 counts Johnson, 2 counts Banks & 1 count Gibson). 1 count Gibson: Count 9 (murder for Gibson) was dismissed (5/11/21) by DA’s oral motion with prejudice), 3 counts of voluntary manslaughter (1 count for Johnson, 1 count for Banks & 1 count for Gibson), 4 counts of felonious assault (1 count for Johnson, 1 count for Gibson, 1 count for Banks, 1 count for physical harm for Brown & 1 count for physical harm to Seawright; update: 5/19/21 Judge Synenberg dismissed Count 13: 1 count of felonious assault regarding shooting of Brown) & on 6/8/21: Count 14 dismissed: felonious assault on Seawright) & 1 count of perjury (perjury charge was dismissed on 6/8/21). Plead not guilty. $1M Cash/Surety bond. Bond modified (12/18/19) to $100K. Posted bond (12/19/19).
After all dismissals Biles-Thomas is charged with 4 counts of murder (2 counts for Johnson, 2 counts for Banks) & 3 counts of voluntary manslaughter (1 count for Johnson, 1 count for Banks & 1 count for Gibson).
Trial began on 5/11/21 & ended in mistrial on 5/24/21. Copies of legal briefs from prosecutors & Biles-Thomas' attorneys somehow ended up among the trial evidence the court gave the jury to consult during its deliberations.
New trial began on 6/8/21 with jury selection ended on 6/10/21.
Trial began on 6/10/21.
Court info from 8/30/19 thru 5/6/21 & trial from 5/11 to 5/19/21 (Day 1-7) & Jury deliberations from 5/19 to 5/24/21 (Day 1-4) & Court info from 5/25/21 to 6/8/21 & re-trial from 6/8/21 to 6/10/21 (Day 1-3) of jury selection & trial began from 6/10/21 to 6/11/21 (Day 1-2) reference post #196 here:
OH - Delvante Johnson, Toshaun Banks, Devaughn Gibson dead, Tevin Biles-Thomas *charged, 30 Aug 2019
6/14/21 Monday, Trial Day 3: No info available. Trial continues on 6/15/21.
 
Interesting!!

Jurors sent home as judge decides whether to dismiss case against soldier charged in Cleveland New Year’s Eve triple homicide

June 14, 2021

CLEVELAND, Ohio -- A judge sent jurors home early on Monday so she could spend the afternoon deciding whether to throw out murder charges against a U.S. Army soldier accused of killing two men and sparking the death of a third during a New Year’s Eve party in 2018.

Cuyahoga County Common Pleas Court Judge Joan Synenberg said she needed more time to decide whether prosecutors presented enough evidence against Tevin Biles-Thomas during a three-day trial to send the case to the jury.

The move came after attorneys for Biles-Thomas asked Synenberg to dismiss murder, voluntary manslaughter and felonious assault charges due to a lack of evidence linking the 26-year-old brother of U.S. Olympic gymnast Simone Biles to the killings of DelVaunte Johnson, Toshaun Banks and DeVaughn Gibson, who is Biles-Thomas’ cousin.

The motion — referred to as a “Rule 29 motion” — is standard in criminal trials and judges routinely deny them on the spot.
[.....]
.....is expected to announce her decision Tuesday morning.
[.....]
Prosecutors rested their case on Monday morning without calling their main witness, Macquise Lewis, to the stand. Lewis previously pleaded guilty to a misdemeanor obstructing justice charge for taking a gun from the scene and throwing it in Lake Erie in exchange for his testimony identifying Biles-Thomas as the shooter. He did not show up to court last week to testify.

Instead, the state’s entire case rests on the testimony of Jozette Brown, who admitted on the stand that she did not see the shooter’s face.....
 
@PayrollNerd - maybe later in "your" day you can check & see if the Judge dismissed the case on the court site, if it would list that.

TIA! :)
 
Ok, back from the dentist.

CR-19-643478-A
Cuyahoga County Clerk of Courts Site Terms of Service

Here is the Docket screen clip and a copy of the list (hopefully not too jumbled) for June 11-15. I'll look at these documents to see if I can download them and if they offer any additional information.

upload_2021-6-15_11-51-22.png

Proceeding Date Filing Date Docket Party Docket Type Docket Description View Image
06/15/2021 06/15/2021 D1 SH PORTAGE COUNTY SHERIFF DEPT SERVICE FEE $26.00: SS 1358038
06/15/2021 06/15/2021 D1 SH PORTAGE COUNTY SHERIFF DEPT SERVICE FEE $26.50: SS 1358037
06/14/2021 06/14/2021 D1 SH MEDINA COUNTY SHERIFF DEPT SERVICE FEE $26.00: DS 1357845
06/13/2021 06/13/2021 D1 MO MOTION FILED BY D1 TEVIN BILES-THOMAS ATTORNEY JOSEPH C PATITUCE 0081384 MOTION FOR JURY INSTRUCTION 06/14/2021 - WITHDRAWN
06/11/2021 06/11/2021 P1 BR REPLY BRIEF FILED REPLY TO DEFENDANT'S OPPOSITION TO REQUEST FOR MATERIAL WITNESS WARRANTS MOTION FOR USE OF PRIOR TESTIMONY
06/11/2021 06/11/2021 N/A CS COURT REPORTER FEE
06/11/2021 06/11/2021 P1 MO MOTION FILED BY P1 THE STATE OF OHIO ATTORNEY GREGORY MUSSMAN 0079641 OPPOSITION TO REQEUST FOR MATERIAL WITNESS WARRANTS, MOTION FOR USE OF PRIOR TESTIMONY 06/11/2021 - WITHDRAWN
06/11/2021 06/11/2021 N/A SB STATE SUBPOENA ISSUED (1359282)
06/11/2021 06/11/2021 N/A SB STATE SUBPOENA ISSUED (1359281)
06/11/2021 06/11/2021 N/A SB STATE SUBPOENA ISSUED (1359280)
06/11/2021 06/11/2021 N/A SB STATE SUBPOENA ISSUED (1359279)
 
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