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Detective testifies in suppression hearing
By Joe Gorman
YOUNGSTOWN
Judge Lou D’Apolito said Wednesday he hopes to have a decision by Monday on a request by the defense to suppress statements in a murder trial.
The judge had a hearing in Mahoning County Common Pleas Court for Stashawn Dates, 19, of East Pasadena Avenue, who is charged with aggravated murder in the 2014 shooting death of Jesse Daviduk, 21.
Reports said Daviduk was a passenger in a van during a drug deal when he was shot Sept. 15, 2014, at East Dewey and South avenues.
Daviduk died Oct. 2, 2014, of his wounds.
The van’s driver told police he picked up Daviduk in Struthers, then they used the victim’s phone to arrange drug buys at the intersection, reports said. When they arrived, two men were waiting, and one man jumped in the van and sat behind Daviduk.
The man who jumped in the van pulled a semiautomatic handgun and said, “I want everything.” The victim turned around, and the man with the gun shot the victim, reports said.
The van driver drove away after he heard the gunshot, reports said. The gunman, who police said was Dates, then jumped out of the moving van, as the driver was taking Daviduk to the hospital.
Police charged Dates with shooting Daviduk after he was questioned by detectives. Dates was also in the van, and he was found a short distance away by ambulance crews, passed out in the street.
He was taken to St. Elizabeth Youngstown Hospital to be treated before he was questioned by police the next day at the police department by detective sergeants David Sweeney and John Perdue.
Dates’ attorney, Ross Smith, is trying to have statements his client made to police during that questioning thrown out because he claims his client did not understand his Miranda rights and also because he asked questioning to stop when a third detective, Detective Sgt. Michael Lambert, joined.
Assistant Prosecutor Dawn Cantalamessa played a video for the judge during Sweeney’s testimony where Sweeney was shown and and heard explaining Dates’ rights, and asking Dates if he understood his rights. Dates said yes.
Dates also agreed to sign a waiver of his rights and to be questioned by police.