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Hearing addresses whether statements in shooting should be suppressed
By Ed Runyan
WARREN
A judge heard testimony Friday to determine whether statements Allen L. Elkins IV purportedly made to a detective after a home-invasion shooting should be suppressed from trial.
Elkins, 31, of Haymaker Avenue Northwest and Seneca Street in Niles, could get more than 70 years in prison if convicted of the charges he faces in Trumbull County Common Pleas Court.
A county grand jury indicted Elkins on two counts of aggravated burglary, three counts of felonious assault and single counts of aggravated robbery and kidnapping. He also could get about 10 more years if he’s convicted of being a repeat violent offender.
His attorney, Brendan Keating, argued that Elkins was suffering a “disorder of thought brought about by his extreme pain” when he reportedly told Detective Patrick Marsico at ValleyCare Trumbull Memorial Hospital: “What happened tonight I did, and I will man-up to that.”
Elkins had two gunshot wounds to his upper legs and was in the emergency room when Marsico spoke to him early June 21, 2014, according to court documents.
Elkins is accused of being among three men who broke into a house on Adelaide Avenue Southeast while a resident was playing video games in the basement.
Elkins is accused of entering the basement with a gun and demanding to find a male named Zach, then firing at the male, striking him in the calf. The victim turned off the lights, grabbed his gun and fired twice, hitting the suspect.
Marsico spoke to the victim at St. Joseph Warren Hospital, then was advised of another shooting victim – Elkins – at Trumbull Memorial.
Marsico testified Elkins wanted to talk to Marsico about another case being handled by other officers involving the theft of $12,000 from a female.
Marsico said Elkins told him he “never stole $12,000 from a female” but would own up to what happened that night.
Marsico said Elkins was coherent and made sense and told him the shooting that resulted in his injuries had to do with marijuana.
A Trumbull Memorial nurse, Kenneth Monstwil, meanwhile, testified to notations on Elkins’ chart indicating that Elkins had a pain rating of 9 on a 10-point scale at one point and was semiconscious.
In documents, Keating has argued that Marsico should have read Elkins his rights before interviewing Elkins. Marsico said he didn’t read Elkins his rights because his questions were focused on whether Elkins’ injuries came from the Adelaide incident or elsewhere.
Judge W. Wyatt McKay will rule on the suppression request later.