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Judge denies motion to keep out statement in South Side brawl, killing
By Joe Gorman
YOUNGSTOWN
Judge Lou A. D’Apolito denied a motion to suppress evidence that could be used against Rontrell White, 27, who faces charges of aggravated riot and involuntary manslaughter.
The judge made his ruling late Wednesday after earlier hearing testimony from White in Mahoning County Common Pleas Court.
White told the judge he felt he was not free to leave St. Elizabeth Youngstown Hospital, where he was standing vigil for a cousin who was shot because he felt he would be arrested.
White is charged in the death of Shawn Cortez, 17, on Winona Avenue on Aug. 17. White said uniformed officers at the hospital told him he could not leave until detectives arrived to talk to him.
White said he was on parole and was afraid if he left, he would be arrested.
White testified he was told by police to stay and was briefly put in a cruiser but allowed to stand outside while he awaited detectives. He said when he found out Cortez died, he tried to get into the hospital and police stayed right behind him.
“Once I found out Shawn died, I cried and ran toward the hospital,” White said. “Everywhere I go, this man [police officer] follows me.”
A total of 14 people face charges for the death of Cortez, who police said was killed in a brawl between two families. Two of those people, Dejon Jenkins, 19 and his brother David, 18, both face murder charges for Cortez’s death. The others all face the same charges as White.
Police and prosecutors used cellphone video of the brawl to build their case.
White’s attorney, Doug Taylor, had wanted White’s statements to police thrown out because he said his client was not read his Miranda rights and thought he was being detained before he was questioned by detectives.
Police Lt. Doug Bobovnyik, the lead investigator on the case, said at the time he first interviewed White that White was not a suspect.
He said he asked White if he would follow investigators to the police department to give a videotaped statement, and he agreed.
He said White was never in custody and he never ordered him to be held in custody. He did say, however, White was given a gunshot-residue test, but all those being questioned also took the test.
Bobovnyik said he did not read White his rights because he was not a suspect at the time and that is not required when someone is not a suspect.
White, however, testified he was told by uniformed officers if he did not wait for detectives, he would be arrested. He said he did not go to the police department voluntarily and did not want to give a statement on video.