The Morning Journal (Lorain, OH)

Police interview played in Elyria murder trial

Elyria man accused in the death of Wellington man

- By Keith Reynolds kreynolds@morningjou­rnal. com @MJ_KReynolds on Twitter

Nicholas D. Masley admitted to police he did not intend to smoke marijuana with 25-year-old Jeffrey Brooks when he lured the Wellington man to a home in Colonial Oaks where he later attacked him.

The admission was recorded during Masley’s Dec. 13, 2013, interview with police in connection to the attack which led to Brooks’ death the following day.

It was played March 21 as part of the second day of testimony in the trial of Masley, 27, of Elyria, who is facing two counts of murder and a single count of felonious assault connected to the death of Brooks.

Masley was interviewe­d a day after police say he attacked Brooks over his belief that Brooks had gotten Kayla Ellis, Masley’s cousin, addicted to heroin.

In her March 20 opening statement, Lorain County Assistant Prosecutor Donna Freeman said Masley had lured Brooks and Ellis to the home by offering to smoke marijuana with them, but in the recorded interview Masley told police they did not smoke marijuana, he had no marijuana in his possession at the time and he did not intend to smoke marijuana with them.

Masley told police he just wanted to confront Brooks over his belief he caused Ellis’ addiction, according to the recording.

Under questionin­g from Elyria police Detectives Donald Moss and John Davidson, Masley claimed there was a brief exchange of words and Brooks attempted to punch him before Masley punched the man, knocking him unconsciou­s.

Masley said after he punched Brooks, the Wellington man “went stiff” and raised his clenched fists near his head while falling onto a short staircase leading in and out of the home. Masley continued to strike the unconsciou­s Brooks.

“I hit him like two more times, then he started seizing and I’m like ‘Holy crap, I didn’t mean to do that,’” Masley said on the recording.

Under further questionin­g from Moss and Davidson, Masley admitted he was “overdoing it” and also that he had previously thought of “beating up” Brooks after learning he and Ellis were on heroin a month before the attack.

Masley’s attorney, Kenneth Lieux, has previously argued his client did not lure Brooks and Ellis to the home with the intention of attacking Brooks but to investigat­e whether the pair actually were on heroin.

He claims his client did not commit felonious assault, but simply assaulted Brooks during the altercatio­n.

Lieux claims Brooks’ death was not caused by the attack, but by the effects of his heroin use.

The trial is scheduled to continue on March 22 in Lorain County Common Pleas Court judge James L. Miraldi’s courtroom.

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