Attorney seeks suppression of evidence in Braceville man’s murder case
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WARREN -- The attorney representing a Braceville man charged in the February stabbing death of Marlon D. Smith, 27, has filed a motion to suppress evidence in the murder case.
Defense attorney David Rouzzo said he wants any statements by Walter L. Toles, 54, or items taken during his arrest to be thrown out of any jury trial.
Toles, of 4473 Elm St. SW, Braceville, has pleaded not guilty to charges of aggravated murder, aggravated burglary and aggravated robbery in connection to the Feb. 10 slaying.
Court records show the trial has been moved to Aug. 17 in the court of Common Pleas Judge Ronald J. Rice because of the trouble empaneling a 12-member jury during the COVID-19 pandemic.
The evidence suppression hearing, which originally was scheduled for Wednesday, has been moved to June 17 before Rice.
Toles was indicted on the three first-degree felony charges Feb. 13 by a special report of the Trumbull County grand jury.
Smith was found the afternoon of Feb. 10 by his mother, bleeding on the floor of his home at 236 Oriole Place SW, Warren. He later was pronounced dead at the hospital. The Trumbull County Coroner's office ruled Smith's death a homicide from a stab wound to the neck.
Warren police officers said they were able to make a quick arrest because of evidence at the scene and the cooperation of witnesses.
An affidavit filed by Warren detectives with the clerk of courts office reveals that during a search of the Oriole Place home, authorities could not find Smith's cellphone. But detectives did find on the couch a commercial driver's license and an Ohio corrections card belonging to Toles, the affidavit states.
Smith's mother also told detectives that her son's gold watch was missing.
While two Warren detectives, Thomas Wire and John Greaver, were interviewing Toles at his Braceville home, the affidavit states one of them dialed Smith's phone number and the phone rang and was audible to both detectives.
While Toles was being arrested, the detectives found the victim's cellphone, a screwdriver and a folding knife on the defendant. Detectives also noticed blood on Toles' pants pocket and jacket.
Detectives discovered "Toles' clothes were covered with blood" after he removed his outer layer of clothes, the affidavit states. A further search found the gold watch on Toles' person, the affidavit states. Toles was then arrested and taken into custody.
Toles remains in Trumbull County jail pending the posting of a $500,000 bond.
gvogrin@tribtoday.com