Judge to determine if statements in murder case should be suppressed
A Fayette County judge will determine if a Uniontown man’s statement to the police was made without investigator’s knowledge that he had an attorney representing him during an interview for a third-degree murder investigation.
A pre-trial hearing was held Friday for Ronald “Raz” Andrew Crossland, 30, who was allegedly involved in a shooting that left 36-year-old Jacqueline Nicole Carey dead.
According to court documents, Crossland and Michael Hall were at a party along Farragut Street on the evening of Nov. 4, 2016, and were asked to leave following an argument.
After someone pushed him, Crossland brandished a firearm before leaving and allegedly fired shots outside of the building with one of those striking Carey in the chest when she went to the window to see what the commotion was outside.
Carey was pronounced dead at Uniontown Hospital at 10:22 p.m.
Lt. Tom Kolencik with the Uniontown City Police testified on Friday that after responding to the shooting, they investigated and found out that Crossland and Hall had left the party. Police knew Hall was staying along Searights Avenue where police found Crossland sleeping on the couch a few hours after the shooting.
Kolencik said Crossland was wearing a drawstring backpack that had a strong smell of marijuana emanating from it and after a search, police found 10.6 grams of marijuana, a digital scale, rolling papers and plastic baggies, all of which lead to Crossland being charged with possession with intent to sell a controlled substance.
Those charges were withdrawn on Jan. 9 and refiled on the same day along with the charge of third-degree murder and discharge of a firearm into an occupied structure after Crossland was taken to the Fayette County District Attorney’s Office where he was interviewed by Kolencik and Fayette County Chief Detective John Marshall assisting.
Marshall testified that Crossland permitted the interview to happen, signed a waiver of his Miranda rights, he didn’t stop the interview and didn’t ask for an attorney, but said an attorney was representing him on another matter.
The other matter was the drug charges filed against Crossland for the marijuana found on him on Nov. 4, 2016.
Crossland’s brother had retained Attorney Vincent Tiberi days before the preliminary hearing because Crossland was lodged in the Fayette County Prison.
Tiberi testified that he didn’t know that Crossland was being interviewed about the shooting on the day of the preliminary hearing until the magisterial district judge informed him of that; he added that when he arrived at the district attorney’s office, the interview had ended and Crossland was returned to the prison.
Fayette County Assistant District Attorney Robb Harper asked Tiberi if he had an opportunity to meet with Crossland any time prior to the preliminary hearing, which Tiberi said the limited time between him being retained and the preliminary hearing didn’t allow a meeting to happen.
Crossland took the stand and testified that on Jan. 9, he was escorted out of his cell and believed he was going to his preliminary hearing, but was taken into the courthouse and the district attorney’s office for an interview instead.
Harper asked Crossland if he informed anyone in the room that Tiberi was his attorney or if he asked for an attorney, which Crossland answered no to both; Crossland then confirmed to Harper that he signed a waiver of his Miranda rights.
Crossland’s attorney, Fayette County Assistant Public Defender Shane Gannon, said his argument to suppress Crossland’s statements didn’t have to do with Miranda rights, but that Crossland was interviewed without council present as his attorney was waiting for him at the district court for the preliminary hearing and the investigators knew he had at attorney representing him.
Harper argued that Tiberi neither met Crossland nor entered his appearance as Crossland’s attorney prior to the day of the preliminary hearing and Crossland made no effort to tell anyone in the interview room, in which his mother and girlfriend were present, that he had an attorney.
Fayette County Judge Steve Leskinen said he will review the preliminary hearing transcript on an issue of suppression of evidence of Crossland’s backpack as well as an issue if the commonwealth presented enough evidence at the homicide preliminary hearing and will also review the transcript of Kolencik’s testimony in court on Friday over the issue of suppressing statements.
Leskinen said the transcript of Kolencik’s testimony should make it clear to him if he knew that Tiberi was retained prior to the interview or not.
Crossland remains lodged in the Fayette County Prison where bail has been denied.