43
Search warrant in ’07 case validated
Photo
Jack Amato Jr.
Jack C. Amato Jr. claims self-defense in the shooting death of his wife.
LISBON — Authorities still have a victim, a bullet and the wrong gun in a nearly two-year-old murder case.
And evidence that led to additional charges against the defendant in the murder trial won’t be thrown out because the search warrant was fine, a visiting judge has ruled.
Jack C. Amato Jr., 37, is charged with murder for shooting his wife, Tonia, 25, between her eyes July 1, 2007, at their home in Wellsville.
When authorities arrived at the house, Amato Jr. was sitting in a chair with a .45-caliber revolver. He claimed self-defense. A .22 handgun was found nearby.
Amato Jr. also faces the charge of possession of a dangerous ordnance and illegal possession of firearms for having homemade bombs and five guns.
The items were found in the Irondale home of his father, Dr. Jack C. Amato of the Columbiana County Health Department. Amato Jr. had been released from jail after his father posted bond on the murder charge. He was placed on electronic monitoring and moved to his father’s home.
Amato Jr. is now in the county jail after the guns and bombs were discovered Sept. 17, 2008, when authorities executed a search warrant at Dr. Amato’s home.
At issue in the weapons case was whether the search warrant was valid.
Judge C. Ashley Pike of Columbiana County Common Pleas Court issued the warrant for Dr. Amato’s home in an effort to find the murder weapon, which is believed to be a .45-caliber semiautomatic pistol. The fatal bullet and the .45 found at the Wellsville home don’t match.
Visiting Judge Joseph J. Bruzzese Jr. of Jefferson County earlier this week released his ruling on the weapons case. Judge Bruzzese was appointed to handle the search warrant motion filed by Amato’s defense lawyer since Judge Pike issued the warrant and is assigned to both the murder and weapons cases.
Judge Bruzzese wrote that the sheriff’s office quickly realized deputies had the right bullet but the wrong gun. The bullet found in the Wellsville home had traces of Tonia’s DNA.
Deputies first believed the bullet was left inside the victim, but the Cuyahoga County Coroner’s office quickly notified the deputies it was not in her body.
The bullet was found in a box of sweetener and other items.
Judge Bruzzese also wrote the court could easily find probable cause for the search warrant to find the murder weapon.
The defense argued the search warrant should have been limited to a “competition” .45 pistol. But the judge ruled that “there is no [comparison] as to what a ‘competition’ .45 would be to any other .45.”
Lynn Alan Grimshaw is an attorney who has been named a special prosecutor for both cases. County Prosecutor Robert Herron stepped down because he represents the health department.
Grimshaw said Wednesday he was unaware of the ruling.
He said the weapons charges are to go to trial next month and that the murder charge is scheduled in August.
wilkinson@vindy.com