The jury trial of accused murderer Tevin Jackson was continued to Feb. 11, 2019, following a brief hearing in Madison County Common Pleas Court on Sept. 28.
The trial was originally scheduled for Monday, Oct. 1. But defense attorney Jon Rion, Jr., of Dayton, and his associate Kevin Lennen, asked for a delay while they continue the fight to suppress cell phone evidence that links Jackson to a Jan. 22, 2018 robbery-turned-shootout at Lamplight Court in London that left two men dead.
Jackson, 25, of London, agreed to the continuance.
He is accused of killing William Benson, a Lamplight Court resident, and contributing to the death of Justin Coffey, his alleged robbery accomplice. A third Lamplight Court resident, Zachary Edmund, was shot, but survived. Jackson was allegedly also shot but managed to flee the scene.
Jackson is believed to have sought treatment at a Springfield hospital where he did not mention the London incident, but told authorities that he was attacked by an unknown assailant while sitting in his car on that city’s south side. He was subsequently flown to Miami Valley Hospital in Dayton.
Cell phone records, obtained by London police without a warrant, eventually led authorities to numbers used by Jackson and Coffey on he night of the shooting. Using a cell number they believed was Coffey’s, London police were able to trace Jackson’s whereabouts as he allegedly moved from London to Springfield. Since Coffey was dead, no warrant was needed.
However, that number was eventually traced to Jackson.
It is those records and how they were obtained that Rion continues to question.
Judge Eamon Costello ruled on Sept. 25 that under current case law no warrant was needed for the phone records.
However, case law decided in June mandates a warrant is needed to “ping” cell records to obtain a user’s location. But that decision is irrelevant since it came six months after the London incident, Costello said.
Rion said new evidence he obtained from Sprint/Nextel shows London police may have known in advance the initial cell number they traced was Jackson’s, not Coffey’s. He is arguing a warrant was necessary.
A hearing on the issue is set for Oct. 29.