YOUNGSTOWN — Though the attorney for Michael Malvasi II sought a second hearing in Mahoning County Common Pleas Court hoping to convince Judge Maureen Sweeney to suppress evidence in Malvasi’s vehicular homicide case, no second hearing will be held.

Malvasi’s attorney, John Juhasz, revealed that information in his latest filing this week.

Malvasi, 29, of Timber Run Drive Road, Canfield, is charged in the Nov. 18, 2017, traffic death of Ryan Lanzo, 23, of Boardman, who prosecutors say was a passenger in Malvasi’s car.

In addition to aggravated vehicular homicide, Malvasi is charged with failure to stop after an accident, tampering with evidence and driving under the influence.

According to the Ohio State Highway Patrol, blood testing indicated that Malvasi’s blood-alcohol level was 0.075, just below the legal limit to drive of 0.08.

Police and prosecutors have described a bizarre scenario in which Malvasi is accused of crashing the car along Shields Road in Canfield, walking about a mile or so to his house, getting another car, and returning the crash scene, where he “retrieved” Lanzo and drove him to Malvasi’s house.

Malvasi then woke up his father, Michael Malvasi Sr., 57, and told him he had been in an accident with Lanzo, prosecutors said.

From there, Malvasi’s father drove Lanzo to a St. Elizabeth emergency center in Austintown, where Lanzo was pronounced dead on arrival, investigators said.

Juhasz has stated that it is disputable that Malvasi was driving.

During an evidence suppression hearing, Juhasz questioned law enforcement officers involved in the case regarding the search warrants they obtained for blood draws from Malvasi.

In his most recent filing, Juhasz stated that one of the blood draws took place more than eight hours after the crash “in reality, more than 10 hours after the accident.”

Juhasz stated that testing Malvasi’s blood eight to 10 hours after the accident means the three-hour time limit was “not even remotely met.”

Prosecutors have argued that the blood draws were within “substantial compliance” with state law.

They also say surveillance video from two Youngstown-area taverns shows Malvasi “drinking and stumbling around both establishments,” and footage from one tavern shows shows Malvasi “driving off with (Lanzo) at 2:38 a.m. Nov. 18, 2017.”

Juhasz stated two troopers with the state patrol obtained search warrants by not telling the judges issuing the warrants that the tubes of blood they sought to test were drawn “long after the statutory time period.” Juhasz called that “police misconduct.”

Prosecutors stated, however, the two troopers “had a basis for the warrant they secured,” and “There is no evidence of anything fraudulent or incorrect in either” sworn statement.

Prosecutors cited case law indicating that the sworn statements of law enforcement officers require only a judge to make a “common sense” decision on whether there is a “fair probability” that evidence pertinent to the case will be found will be found in a particular place.

Prosecutors cited case law indicating that judges should not look at the sworn statement of an officer in a “hypertechnical” manner.

Juhasz stated that prosecutors don’t even know for certain when the crash took place. It may have been as much as two hours after the 3:12 a.m. estimate provided in police reports. The reason their time estimate is probably off, Juhasz has stated, is that the time of the crash was based on the statements of a passerby who called 911 at 3:12 a.m. to report it.

Juhasz stated that when the passerby spotted the crash scene, there were two vehicles present, and a person was laying on the ground next to one of the vehicles.

The passerby was apparently not seeing the immediate aftermath of the crash, Juhasz has argued. Instead, the witness was seeing Malvasi returning to the scene after walking home and returning with a second vehicle.

Judge Sweeney has not ruled on the motion to suppress the evidence. She has set a final pretrial hearing for July 29 and a jury trial for Aug. 3.