A man charged in the death a West Carrollton resident with developmental disabilities at a group home seeks to suppress all evidence obtained from his Dayton residence.
Erion Williams, 29, faces charges of involuntary manslaughter, patient abuse and tampering with evidence stemming from the 2018 death of Jerrold Duskey.
Williams was indicted in August for the death of Duskey, 65, at the ResCare Inc. facility on Redbluff Drive.
But the defendant’s attorney said in a recent filing there were several issues — including Fourth Amendment rights violations — with warrants obtained in July to search his client’s home.
Police “officers subsequently obtained warrants to search electronic media seized during the search of the home,” according to the motion filed by Anthony Cicero. “The affidavits in support of the warrants were so conclusory in nature as to be insufficient for a magistrate to find probable cause.”
“The court’s determination of probable cause was erroneous,” the filing states. “Furthermore, the warrant is overbroad and it fails to particularly describe the things to be seized, and gives no authorization to seize anything. Accordingly, the officers’ seizure of personal property violates defendant’s rights.”
A hearing on the issue is set for Jan. 23, court records show. On Monday, Williams remained the Montgomery County Jail on a $100,000 bond, jail records show.
Prosecutors said Williams was employed as a caregiver by ResCare Inc. when Duskey was injured in February 2018.
About three weeks after his injuries were reported, Duskey died from complications of multiple blunt force injuries to his head, torso and left upper extremity, the Montgomery County Coroner’s Office has said.
A residential manager at the group home in February reported to police possible physical abuse involving one of its residents.
After Duskey’s death at Kettering Medical Center, the coroner in May 2018 issued the homicide ruling.
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