Judge weighs ‘chilling’ audio
Gunshot victim’s last seconds were recorded by home security system
NORRISTOWN >> A “chilling” audio recording captured by a home surveillance system revealed the final seconds of a Pottstown woman’s life and should be permitted as evidence at the trial of her alleged killer, prosecutors contend.
“While chilling, the audio recording is probative of the defendant’s malice and specific intent to kill,” Montgomery County Deputy District Attorney Samantha Cauffman argued in court papers, challenging accused killer Bobbie “Steels” Mitchell Jr.’s quest to prevent a jury from hearing the recording.
Mitchell, through his lawyer Evan Hughes, argued the recording violates state wiretap laws and contains no probative value as to the identity of Siani Overby’s assailant and that due to the “chilling” and “graphic nature” of the recording he cannot receive a fair trial.
Judge Todd D. Eisenberg will weigh the admissibility of the audio recording during an Aug. 26 pretrial hearing in preparation for the Sept. 23 start of Mitchell’s jury trial.
Mitchell, 37, of Pottstown, faces charges of first- and third-degree murder, possession of a prohibited weapon and possession of a weapon in connection with the April 1, 2018, Easter Sunday gunshot slaying of Overby, 23, his former girlfriend.
“The audio recording allows the jury to hear the final 45 seconds of Siani Overby’s life,” Cauffman argued, revealing the recording was obtained from a home surveillance device situated in the 300 block of Johnson Street, the same block where the alleged homicide occurred.
“It is only through the recording that the jury will be able to understand the deliberative and methodical nature of Siani Overby’s murder,” Cauffman maintained.
The audio recording allegedly captured Overby initially saying, “please, please” and crying, according to court papers. Fourteen seconds later, a gunshot is heard and Overby’s “cries become louder as she apologizes to her assailant,” Cauffman wrote in court documents.
The recording captured a second gunshot, occurring nine seconds after the first shot, prosecutors alleged.
“Siani Overby’s cries increase and she begins to beg for her life,”Cauffman alleged.
After a third gunshot there is silence, according to court documents.
An autopsy determined Overby suffered three gunshot wounds, to the leg, chest and head, and the audio recording “clearly suggests” the gunshots occurred in that order, Cauffman argued.
“Only from the recording is it made clear that none of the gunshots occurred after Siani Overby was already dead. Only from the recording do we know that the three shots were separate and distinct,” argued Cauffman, maintaining the recording provides unique evidence that is not otherwise available to the factfinder.
Mitchell has not filed a request to exclude the video portion of the home surveillance recording from the trial, according to court records.
The investigation began when Pottstown police responded to the 300 block of Johnson Street at 1:58 a.m. on April 1 for a report of a woman screaming and shots fired. Officers arrived to find Overby, suffering fatal wounds from multiple gunshots, lying on the sidewalk next to a fence.
Detectives found a cellphone next to the victim’s legs. It was later determined to belong to Mitchell and revealed text messages between Mitchell and the victim less than an hour before her murder, according to court papers.
The victim’s mother allegedly told detectives that Mitchell was the father of the victim’s 18-month-old son and that her daughter was seeking a paternity test and child support from Mitchell.
Mitchell fled from the Pottstown area after the killing and was captured April 3 in Waterbury, Conn. Mitchell was arrested by members of the U.S. Marshall’s
Fugitive Task Force and the Waterbury Police Department, according to court documents.
During a search of the vehicle that Mitchell was driving at the time of his arrest, detectives found $119,900 cash in the trunk.
According to court papers, Mitchell allegedly told detectives he was involved in the sale of “high grade marijuana” and has “drug connections” that he referred to as the “cartel.” Mitchell allegedly claimed the cash found in the trunk was proceeds of his illegal drug sales, according to court papers.
Prosecutors alleged Mitchell fatally shot his former girlfriend because he feared she would alert police about his illegal drug dealing and firearm selling if he didn’t agree to pay child support.
“The audio recording allows the jury to hear the final 45 seconds of Siani Overby’s life.” — Montgomery County Prosecutor Samantha Cauffman
“While chilling, the audio recording is probative of the defendant’s malice and specific intent to kill.” — Montgomery County Prosecutor Samantha Cauffman