Warren man convicted of murder has appeal denied

45-year-old to continue serving murder sentence

WARREN -- A Warren man serving a 42-to-47.5-year sentence without parole in Lake Erie Correctional Institution had his appeal denied by the 11th District Court of Appeals.

Antuan Parker, 45, who was convicted in 2021 for the murder of Desirae Boss, challenged his conviction and the court's procedures on five grounds, all of which were denied.

ARGUMENT AND APPEAL COURT RESPONSE

The appeal's court examined the appellant's argument that the trial court abused its discretion by allowing the state to play a 911 call they argued contained hearsay from multiple voices.

The appeals court said in the 23-page opinion that the voices of the victim's aunt, Alesia Code, and the 911 operator are prominent. Code later testified she made the call, and the operator made no testimonial statements. Only one hearsay statement was found, with Code mentioning she had spoken to a neighbor who said they had seen Parker move Boss' vehicle on Sept. 29, 2021.

While the appeals court said it was arguably testimonial, it was not offered to prove the truth of the matter asserted. The state already had evidence that contradicted this, indicating a witness to the murder, Melissa Mack, moved the vehicle on Sept. 27.

The argument by Parker of ineffective trial counsel for failing to motion to suppress the defendant's statements made to Warren police detective Michael Altiere where he "admitted to taking a suboxone strip" and "appeared to be under the influence," during the interview.

The appeals court said Parker failed to demonstrate that suppressing the interview would have prejudiced the jury.

A third error Parker pointed out was struck down by the appeals court regarding alleged "prejudicial testimony by a leading witness." The appeals court argues the appellant "forfeited all arguments aside from plain error" when considering that the appellant did not object to the question during the trial.

Parker argued there was insufficient evidence to sustain his conviction for abuse of a corpse after moving Boss' body to a wooded area near Choctaw Avenue in Warren. The body was later found on Oct. 2, 2021.

The appeals court agreed there was direct evidence presented by the state but contested the argument that there was a lack of evidence to his involvement in disposing of her body.

Pointing to the circumstantial evidence, the appeals court said it could "lead a reasonable jury to conclude (the) appellant moved the body in the woods."

Lastly, the appellant argued his conviction "against the manifest weight of the evidence," was found to be without merit. The appeals court stated that three witnesses were there the night of the murder, all testifying to having heard Parker threaten Boss. All three also testified that Parker was the only one holding the gun.

TRIAL

Parker was found guilty by a jury on Jan 13, 2023, following a trial in the courtroom of Trumbull County Common Pleas Judge Cynthia Rice. He was found guilty of purposeful murder (a lesser included offense of aggravated murder), abuse of a corpse, tampering with evidence, having weapons while under disability and aggravated arson.

Rice sentenced him on Jan 25, 2023, to a sentence of 42 to 47.5 years.

The appellant waived his right to oral arguments, opting instead to have all briefs submitted in writing. His legal team, led by Cleveland based defense attorney Allison F. Hibbard, wrote the 17-page brief outlining her client's points of contention with the trial court.

THE CASE

After several unanswered calls, the mother of Boss reported her daughter missing on Sept. 27, 2021. The investigation turned to Parker, with whom she had an on again / off again relationship with at the time of her disappearance.

On Oct 1, the family of the victim showed up at Parker's Oak Street residence in search of Boss. The police search for her took a grim turn on Oct. 2, 2021, when Warren police officer Lance Adkins discovered the body of Boss in a wooded area police say was often used for illegal dumping.

The body showed signs of severe decomposition and maggot activity, consistent with being moved post-mortem. The coroner, Dr. George Sterbenz, confirmed that Boss died from a gunshot wound to the head.

Two days later, Parker's residence caught fire on Oct. 4, 2021, which was later determined by fire investigators to have been intentionally set. The origin was determined to be a mattress in the dining room, and Parker was charged with having set the blaze.

The aunt of Boss retcounted the tense encounter at Parker's home where eyewitnesses and video footage indicate the appellant had a firearm -- that video footage was played during the trial.

Miguel Acevedo testified to being inside the home the night Parker shot Boss. He testified to witnessing the appellant's violent behavior toward the victim that culminated with the fatal shooting.

A friend of Parker testified to the odd behavior of the appellant and her testimony implicated him in the arson.

The prosecution showed surveillance footage from a Sunoco gas station on West Market Street corroborating testimony of Kayla Mathey, who said she fled from Parker after his admission to killing Boss.

Cell site analysis from Altiere tracked cell phone records to show the movements of Parker and other key figures from the night of the murder and morning of the arson. Forensic evidence, including a DNA analysis, linked Parker to the vehicle of Boss and her personal items.

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