OH - Delvante Johnson, Toshaun Banks, Devaughn Gibson dead, Tevin Biles-Thomas *dismissed, Aug 2019

[Niner]

Here's a good article on what the defense filed motions on & DA's responses.

Prosecutors refute defense claims that investigation into Cleveland New Year’s Eve 2018 triple shooting was improper

 

[Niner]

Monday, January 6th:
*Final Pretrial Hearing (@ 9am CT) – OH – DelVante Johnson (19), Toshaun Banks (21) & DeVaughn Gibson (23) (Dec. 31, 2018, Cleveland) - *Tevin Biles-Thomas (24) arrested (9/11/19), indicted (8/28/19), charged (8/29/19) & arraigned (9/13/19) with 6 counts of murder, 3 counts of voluntary manslaughter, 5 counts of felonious assault & 1 count of perjury. Plead not guilty. $1M Cash/Surety bond. Bond modified (12/18/19) to $100K & posted (10%) of bond (12/19/19).
Trial set to begin on 1/13/20.
Court info from 8/30/19 thru 11/8/19 reference post #19 here:
OH -Delvante Johnson, Toshaun Banks, Devaughn Gibson dead, Tevin Biles-Thomas *charged*, 30 Aug 2019
11/8/19: Motion to modify bond. 11/20/19: Pretrial hearing continued to 12/4, which is continued to 12/18. And trial still on 1/13/20. 12/6/19: Motion to suppress filed re Biles-Thomas' interview with LE, Motion to disqualify counsel filed, motion to disqualify the Cuyahoga County Prosecutor, and Motion for disclosure of Grand Jury testimony. 12/12/19: Motion for leave to file under seal.
12/18/19 Update: Defendant's motion for disclosure of identity, existence & substance of agreements, promises of immunity, leniency or non-prosecution entered into between the State & any witness or defendant is unopposed & granted. Defendant's motion to compel is unopposed & granted. Defendant's motion to compel crime lab is unopposed & granted. Parties' joint oral motion for a jury view is granted. Hearing set for 1/6/20 on defendant's motion to suppress, motion to disqualify the Cuyahoga County Prosecutor & motion for disclosure of Grand Jury testimony. Defendant's motion to modify bond is unopposed & granted. Bond set at $100K. Bond Type: Cash/Surety/Property/10% bond. Terms: GPS home detention monitoring & to include no contact with surviving victims or family members of deceased victims.

 

[Niner]

Judge rejects defense request to disqualify prosecutors office from Cleveland New Year’s Eve triple killing case

Posted Jan 06, 2020

CLEVELAND, Ohio -- A judge on Monday refused to kick the Cuyahoga County Prosecutor’s Office off of the case of a man charged in a triple slaying at party last New Year’s Eve in Cleveland.

Common Pleas Court Judge Joan Synenberg also on Monday denied a request to release full transcripts of the grand jury proceedings that led to the August indictment of Tevin Biles-Thomas on multiple charges of murder, voluntary manslaughter, felonious assault and a charge of perjury.

The judge handed down her rulings at a brief court hearing that was scheduled to address a motion filed by Biles-Thomas’s defense attorneys to suppress statements that their client made to investigators.

One of Biles-Thomas’s lawyers, Joe Patituce, asked to continue the suppression hearing for a few days “in the interests of justice."

Synenberg scheduled that hearing for Wednesday morning. [(1/8/20)]
[.....]
The state’s case rests on two witnesses who said Biles-Thomas fired shots at the party. The witnesses identified Biles-Thomas based on clothing, but gave different descriptions of his clothing, court records say.

 

[Niner]

Wednesday, January 8th:
*Suppression Hearing (continues) (@ 9am CT) – OH – DelVante Johnson (19), Toshaun Banks (21) & DeVaughn Gibson (23) (Dec. 31, 2018, Cleveland) - *Tevin Biles-Thomas (24/now 25) arrested (9/11/19), indicted (8/28/19), charged (8/29/19) & arraigned (9/13/19) with 6 counts of murder, 3 counts of voluntary manslaughter, 5 counts of felonious assault & 1 count of perjury. Plead not guilty. $1M Cash/Surety bond. Bond modified (12/18/19) to $100K & posted (10%) of bond (12/19/19).
Trial set to begin on 1/13/20.
Court info from 8/30/19 thru 12/12/19 reference post #22 here:
OH -Delvante Johnson, Toshaun Banks, Devaughn Gibson dead, Tevin Biles-Thomas *charged*, 30 Aug 2019
12/18/19 Update: Defendant's motion for disclosure of identity, existence & substance of agreements, promises of immunity, leniency or non-prosecution entered into between the State & any witness or defendant is unopposed & granted. Defendant's motion to compel is unopposed & granted. Defendant's motion to compel crime lab is unopposed & granted. Parties' joint oral motion for a jury view is granted. Hearing set for 1/6/20 on defendant's motion to suppress, motion to disqualify the Cuyahoga County Prosecutor & motion for disclosure of Grand Jury testimony. Defendant's motion to modify bond is unopposed & granted. Bond set at $100K. Bond Type: Cash/Surety/Property/10% bond. Terms: GPS home detention monitoring & to include no contact with surviving victims or family members of deceased victims.
1/6/20 Update: Common Pleas Court Judge Joan Synenberg also on Monday denied a request to release full transcripts of the grand jury proceedings that led to the August indictment of Tevin Biles-Thomas on multiple charges of murder, voluntary manslaughter, felonious assault & a charge of perjury. And denied defense motion to suppress statements Biles-Thomas made to investigators. Defense asks to continue suppression hearing, Judge scheduled it for Wed., 1/8/20.

 

[Niner]

Next Event: TRIAL SET FOR 01/13/2020 AT 09:00 AM IN ROOM 15D JUSTICE CENTER

link: Cuyahoga County Clerk of Courts Site Terms of Service

 

[Niner]

Monday, January 13th:
*Trial set to begin (@ 9am CT) – OH – DelVante Johnson (19), Toshaun Banks (21) & DeVaughn Gibson (23) (Dec. 31, 2018, Cleveland) - *Tevin Biles-Thomas (24) arrested (9/11/19), indicted (8/28/19), charged (8/29/19) & arraigned (9/13/19) with 6 counts of murder, 3 counts of voluntary manslaughter, 5 counts of felonious assault & 1 count of perjury. Plead not guilty. $1M Cash/Surety bond. Bond modified (12/18/19) to $100K. Posted bond (12/19/19).
Trial set to begin on 1/13/20.

 

[Niner]

I'm going to "guess" that trial was continued since the item below says "hearing".

Next Event: HEARING SET FOR 01/22/2020 AT 09:00 AM IN ROOM 15D JUSTICE CENTER

link: Cuyahoga County Clerk of Courts Site Terms of Service

 

[Niner]

Wednesday, January 22nd:
*Pretrial Hearing (@ 9am CT) – OH – DelVante Johnson (19), Toshaun Banks (21) & DeVaughn Gibson (23) (Dec. 31, 2018, Cleveland) - *Tevin Biles-Thomas (24) arrested (9/11/19), indicted (8/28/19), charged (8/29/19) & arraigned (9/13/19) with 6 counts of murder, 3 counts of voluntary manslaughter, 5 counts of felonious assault & 1 count of perjury. Plead not guilty. $1M Cash/Surety bond. Bond modified (12/18/19) to $100K. Posted bond (12/19/19).
Trial was set to begin on 1/13/20, no new court date set.
Court info from 8/30/19 thru 1/6/20 reference post #24 here:
OH -Delvante Johnson, Toshaun Banks, Devaughn Gibson dead, Tevin Biles-Thomas *charged*, 30 Aug 2019
1/13/20 Update: Trial has been continued, no date given. Next hearing on 1/22/20.

 

[Niner]

Docket:
Proceeding Date Filing Date Docket Party Docket Type Docket Description View Image
01/22/2020 01/22/2020 N/A JE MOTION TO SUPPRESS HEARING CONTINUED TO 02/10/2020 AT 09:00 AM AT THE REQUEST OF COURT. REASON FOR CONTINUANCE: COURT ENGAGED IN TRIAL. 01/22/2020 CPJSX 01/22/2020

01/22/2020 01/22/2020 N/A SB STATE SUBPOENA ISSUED (1326326)

01/21/2020 01/21/2020 N/A JE ASSISTANT PROSECUTING ATTORNEY SALEH AWADALLEH'S MOTION TO QUASH SUBPOENA IS GRANTED, THUS RENDERING THE MOTION FOR PROTECTIVE ORDER MOOT. 01/21/2020 CPJSX 01/21/2020

01/21/2020 01/21/2020 N/A BR REPLY BRIEF FILED REPLY IN SUPPORT OF CUYAHOGA COUNTY ASSISTANT PROSECUTING ATTORNEY SALEH AWADALLEH'S MOTION TO QUASH SUBPOENA AND FOR PROTECTIVE ORDER


Next Event: HEARING SET FOR 02/10/2020 AT 09:00 AM IN ROOM 15D JUSTICE CENTER

link: Cuyahoga County Clerk of Courts Site Terms of Service

 

[Niner]

Monday, February 10th:
*Motion (to Suppress) Hearing (@ 9am CT) – OH – DelVante Johnson (19), Toshaun Banks (21) & DeVaughn Gibson (23) (Dec. 31, 2018, Cleveland) - *Tevin Biles-Thomas (24/now 25) arrested (9/11/19), indicted (8/28/19), charged (8/29/19) & arraigned (9/13/19) with 6 counts of murder, 3 counts of voluntary manslaughter, 5 counts of felonious assault & 1 count of perjury. Plead not guilty. $1M Cash/Surety bond. Bond modified (12/18/19) to $100K. Posted bond (12/19/19).
Trial was set to begin on 1/13/20, no new court date set.
Court info from 8/30/19 thru 1/6/20 reference post #24 here:
OH -Delvante Johnson, Toshaun Banks, Devaughn Gibson dead, Tevin Biles-Thomas *charged*, 30 Aug 2019
1/13/20 Update: Trial has been continued, no date given. Next hearing on 1/22/20. 1/22/20: Request from defense for continuance. Next Motion to suppress hearing on 2/10.

 

[Niner]

Next Event: TRIAL SET FOR 04/29/2020 AT 09:00 AM IN ROOM 15D JUSTICE CENTER

link: Cuyahoga County Clerk of Courts Site Terms of Service



I'll keep looking him up just in case he has another court hearing before trial.

 

[Niner]

Next Event: PRETRIAL CONFERENCE SET FOR 03/26/2020 AT 09:00 AM IN ROOM 15D JUSTICE CENTER
Arrested Date: N/A

link: Cuyahoga County Clerk of Courts Site Terms of Service

 

[Niner]

Next Event: PRETRIAL CONFERENCE SET FOR 04/23/2020 AT 09:00 AM IN ROOM 15D JUSTICE CENTER

link: Cuyahoga County Clerk of Courts Site Terms of Service

 

[Niner]

This is still showing as happening today.... maybe a video teleconference?

Thursday, April 23rd:
*Pretrial Conference Hearing (@ 9am CT) – OH – DelVante Johnson (19), Toshaun Banks (21) & DeVaughn Gibson (23) (Dec. 31, 2018, Cleveland) - *Tevin Biles-Thomas (24/now 25) arrested (9/11/19), indicted (8/28/19), charged (8/29/19) & arraigned (9/13/19) with 6 counts of murder, 3 counts of voluntary manslaughter, 5 counts of felonious assault & 1 count of perjury. Plead not guilty. $1M Cash/Surety bond. Bond modified (12/18/19) to $100K. Posted bond (12/19/19).
Trial was set to begin on 1/13/20, moved to 4/29/20.
Court info from 8/30/19 thru 1/6/20 reference post #24 here:
OH -Delvante Johnson, Toshaun Banks, Devaughn Gibson dead, Tevin Biles-Thomas *charged*, 30 Aug 2019
1/13/20 Update: Trial has been continued, no date given. Next hearing on 1/22/20. 1/22/20: Request from defense for continuance. Next Motion to suppress hearing on 2/10.
2/10/20 Update: Next trial to start on 4/29. Next pretrial conference hearing on 3/26.
3/14/20: According to the Ohio Dept. of Health, Ohio's COVID 19 pandemic will peak around that time or in early May. Courts will continue to schedule things for their calendars.
3/20/20 Update: Pretrial hearing has been rescheduled for 4/23.

 

[Niner]

Number: CR-19-643478-A
Status: CASE OPEN
Judge Name: JOAN SYNENBERG
Next Event: TRIAL SET FOR 04/29/2020 AT 09:00 AM IN ROOM 15D JUSTICE CENTER

link: Cuyahoga County Clerk of Courts Site Terms of Service

 

[Niner]

Event Date Event Description
04/23/2020 CONTINUANCE of TRIAL

04/23/2020 PRETRIAL HELD

Next Event: PRETRIAL CONFERENCE SET FOR 05/19/2020 AT 09:00 AM IN ROOM 15D JUSTICE CENTER

link: Cuyahoga County Clerk of Courts Site Terms of Service

 

[Niner]

Looks like hearing date has been changed....

Case Actions
Event Date Event Description
04/23/2020 CONTINUANCE

04/23/2020 PRETRIAL HELD


Next Event: PRETRIAL CONFERENCE SET FOR 05/12/2020 AT 09:30 AM IN ROOM 15D JUSTICE CENTER

link: Cuyahoga County Clerk of Courts Site Terms of Service

 

[Niner]

Still showing up on the court site for today....

Tuesday, May 12th:
*Pretrial Conference Hearing (@ 9:30am CT) – OH – DelVante Johnson (19), Toshaun Banks (21) & DeVaughn Gibson (23) (Dec. 31, 2018, Cleveland) - *Tevin Biles-Thomas (24/now 25) arrested (9/11/19), indicted (8/28/19), charged (8/29/19) & arraigned (9/13/19) with 6 counts of murder, 3 counts of voluntary manslaughter, 5 counts of felonious assault & 1 count of perjury. Plead not guilty. $1M Cash/Surety bond. Bond modified (12/18/19) to $100K. Posted bond (12/19/19).
Trial was set to begin on 1/13/20, moved to 4/29/20 & continued due to coronavirus, but no further dates.
Court info from 8/30/19 thru 1/6/20 reference post #24 here:
OH -Delvante Johnson, Toshaun Banks, Devaughn Gibson dead, Tevin Biles-Thomas *charged*, 30 Aug 2019
1/13/20 Update: Trial has been continued, no date given. Next hearing on 1/22/20. 1/22/20: Request from defense for continuance. Next Motion to suppress hearing on 2/10.
2/10/20 Update: Next trial to start on 4/29. Next pretrial conference hearing on 3/26.
3/14/20: According to the Ohio Dept. of Health, Ohio's COVID 19 pandemic will peak around that time or in early May. Courts will continue to schedule things for their calendars.
3/20/20 Update: Pretrial hearing has been rescheduled for 4/23. 4/23/20: Pretrial hearing held. Trial on 4/29 has been granted continuance. Next pretrial hearing on 5/12.

 

[Niner]

Event Date Event Description
05/12/2020 PRETRIAL HELD

Next Event: PRETRIAL CONFERENCE SET FOR 05/21/2020 AT 10:30 AM IN ROOM 15D JUSTICE CENTER

link: Cuyahoga County Clerk of Courts Site Terms of Service

 

[Niner]

Still showing up on the court site as happening today....

Thursday, May 21st:
*Pretrial Conference Hearing (@ 10:30am CT) – OH – DelVante Johnson (19), Toshaun Banks (21) & DeVaughn Gibson (23) (Dec. 31, 2018, Cleveland) - *Tevin Biles-Thomas (24/now 25) arrested (9/11/19), indicted (8/28/19), charged (8/29/19) & arraigned (9/13/19) with 6 counts of murder, 3 counts of voluntary manslaughter, 5 counts of felonious assault & 1 count of perjury. Plead not guilty. $1M Cash/Surety bond. Bond modified (12/18/19) to $100K. Posted bond (12/19/19).
Trial was set to begin on 1/13/20, moved to 4/29/20 & continued due to coronavirus, but no further dates.
Court info from 8/30/19 thru 3/14/20 reference post #38 here:
OH -Delvante Johnson, Toshaun Banks, Devaughn Gibson dead, Tevin Biles-Thomas *charged*, 30 Aug 2019
3/20/20 Update: Pretrial hearing has been rescheduled for 4/23. 4/23/20: Pretrial hearing held. Trial on 4/29 has been granted continuance. Next pretrial hearing on 5/12. 5/12/20 Update: Hearing was held, next pretrial hearing on 5/21/20.