YOUNGSTOWN Prosecutor: Stymied search let Koliser get away

If convicted, the four men face up to five years in prison.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- The man who "primarily" hindered the search for Martin L. Koliser Jr. gave him at least a six-hour head start to Florida after Koliser shot a patrolman to death, the county prosecutor says.
Mahoning County Prosecutor Paul J. Gains said Forrest A. Rupp Jr. hampered the investigation by waiting until almost noon April 29 to tell police that his girlfriend's car had been stolen a few hours earlier by Koliser. Rupp, the prosecutor said, stuck to his story until the afternoon of April 29, six to seven hours after Koliser began driving to Florida, where he was captured April 30.
Koliser, 30, of Boardman, is accused of fatally shooting city Patrolman Michael T. Hartzell, 26, and critically wounding Donell J. Rowe, 23, outside a West Side bar. Hartzell was killed at 2:19 a.m.; Rowe was injured two hours earlier.
Indictment
A county grand jury indicted Koliser last week on charges including attempted murder and felonious assault related to the Rowe shooting.
On Friday, prosecutors dismissed the felonious assault count.
Prosecutor Paul Gains said authorities have gained new evidence since last week indicating Koliser intended to kill Rowe when he shot him, which is attempted murder.
"There is no point in us pursuing a felonious assault charge when we believe his purpose in shooting Mr. Rowe was to kill him," Gains said.
Rupp, 23, of 1881 Massachusetts Ave., Boardman; Frank A. Howley Jr., 22, of 1811 Donald Ave.; Jonathan A. Kuzan, 23, of 2507 Oakwood Ave.; and Lamar Butler, 22, of 3445 Stratmore Ave., were arrested Friday morning. Police say all aided Koliser. All are charged with obstructing justice.
The four were arraigned Friday afternoon by Judge James C. Evans in Mahoning County Common Pleas Court. The judge set trial for Aug. 6.
Facing up to five years
If convicted, the men face up to five years in prison.
At the request of Boardman attorney Thomas E. Zena, the judge set no bond. The four men will remain in jail pending a bond hearing.
Zena told the judge that he represents Rupp, Butler and Kuzan. Howley is to let the judge know by Monday if he will be able to hire a lawyer or will require court-appointed counsel.
Police Chief Robert E. Bush Jr. said 38 people had information that helped in the search for Koliser. Of those, Rupp, Howley, Kuzan and Butler "consciously assisted Koliser and purposefully led us astray," he said.
Rupp's sister, Lisa Ferguson, 30, of Austintown, was among the handful of family and friends in Judge Evans' gallery Friday for the arraignment.
Rupp knew Koliser in prison and both were paroled Dec. 12, 2002. The obstruction charge puts Rupp's parole in jeopardy. Rupp was sent to prison on May 12, 1999, on an aggravated robbery conviction.
After court Friday, Ferguson declined to comment, based on Zena's advice. She did say: "Just so you know, Youngstown's finest really didn't do their job."
Earlier in the day, Ferguson expressed anger to The Vindicator after learning that her brother had been arrested. She said police had led her to believe that her brother wouldn't be in trouble.
Used his cell phone
She said police had used her brother's cell phone to tape Koliser's calls back to Ohio during the drive to Florida. "My brother was the only one Marty was talking to," she said.
Ferguson and her fiance, John Rizzotto, 43, of Clearwater, Fla., are credited with Koliser's capture in Florida. On April 30, Rizzotto paid for a motel room for Koliser in Palm Harbor, Fla., where he later surrendered to a 50-member SWAT team that had surrounded the motel.
Police said the sequence of events that led to the obstruction charges, meanwhile, began with Howley. Koliser, after the bar shooting at 12:15 a.m. April 29, drove off in Howley's 1984 black and gray Lincoln Town Car.
Howley then drove Koliser's 1991 green Chevy Corsica to 1881 Donald, where police found it.
The morning Hartzell was killed, Rupp picked up Koliser at the WRTA bus station downtown and took the fugitive to Kuzan's apartment on the West Side, where Koliser showered and changed clothes, police said. Koliser had abandoned the Lincoln.
Rupp, who was driving his girlfriend's 1990 black Oldsmobile Calais, later allowed Koliser to drive off in it, police said. Rupp initially told police that Koliser stole the car, then later recanted.
Koliser drove off in the Calais from state Route 46 in Austintown, leaving Rupp without a ride. Rupp was picked up in a taxi and driven to Kuzan's Oakwood apartment, where Koliser had showered, police said.
Butler was also at the Oakwood apartment and paid for Rupp's cab ride, police said.
Koliser left Florida Wednesday morning. His destination is the Lorain Correctional Institution, where he faces a parole violation.
From there, Koliser will be brought to Mahoning County for arraignment on charges of aggravated murder and attempted murder, with death penalty specifications. Gains said Friday that it could be at least a week until Koliser is arraigned.
meade@vindy.com