Asking to suppress evidence
Attorney wants to toss murder defendant’s remarks to police
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WARREN -- Two Warren police officers testified Thursday that murder suspect Edward Culler's first words upon encountering them were: "Did she die?"
The testimony was given during a hearing to suppress evidence in the case against Culler, 23, of 3071 Lodwick Drive NW, Warren, who is accused in the June 25 shooting death of a Boardman woman.
Culler's attorney, Mary Ellen Ditchey, is trying to keep from jurors statements her client made to officers upon his arrest during the early morning hours the day after Tayrn Simmons, 25, died outside an apartment at the River Run complex on Warren's northwest side.
Simmons died from a gunshot wound to the chest, according to the Trumbull County Coroner's Office, which ruled the death a homicide. Culler is charged with murder with a firearm specification.
The case is set for trial Nov. 16 before Common Pleas Judge Andrew D. Logan. Logan gave attorneys for both sides until Oct. 15 to submit final briefs about the evidence suppression issues. A pretrial hearing is set for Nov. 10 where the judge is expected to make a decision.
Assistant Prosecutor Christopher Becker called on Warren police officers Mario Matash and Brandon McDaniels, who arrested Culler after they responded to a "suspicious person on the porch" call in the 1600 block of North Park Avenue. The call came a few hours after Simmons died.
Matash said the person jumped off the porch, and McDaniels was able to grab him. Video and audio recordings chronicling the arrest also were played.
In the audio, McDaniels is overheard telling the suspect "chill, chill, relax" and when he asked for a name, the man who was later identified as Culler responded: "Did she die?"
McDaniels said at this time, he did not know who the man was until he got him in the back of the cruiser and found a card identifying him as Culler. It was at this time, McDaniels said, he knew that Culler was wanted by police for questioning about the River Run complex homicide that took place hours prior.
"He looked very nervous," McDaniels said about Culler's manner at the time of the arrest.
Matash said Culler repeated the question, "Did she die?" a number of times.
Also questioned was Warren detective Nick Carney, who interviewed the defendant the next morning at the Trumbull County jail room where inmates usually talk to their attorneys. Portions of an audio recording of the interview were played in court, showing Carney read Culler his Miranda rights.
Carney said at no time did Culler ask for an attorney, which would have ended the interview. Logan said he would review the entire interview, which lasted about an hour.