Detective testifies in trial

Defendant accused of trying to wipe blood from shoes

Detective James Homoki of the Elyria Police Department testified Jan. 25 that he saw accused murderer Jeremy A. Diestler attempt to wipe blood from his shoes.

The revelation came on the third day of Diestler’s trial in relation to the Sept. 17, 2014, murder of Matthew Stinson, 25, in the stairwell of his 424 Wesley Ave. apartment.

Diestler, 32, of Medina, is charged with aggravated murder, two counts of murder, three counts of felonious assault, improper discharge of a firearm into a habitation and tampering with evidence.

Homoki’s testimony came after a day which saw the defendant’s father, Hillary Diestler, and grandmother, Sandra Diestler, testify for the prosecution that a number of firearms were taken from Sandra Diestler’s home before the murder.

Earlier in the day, Stinson’s

The revelation came on the third day of Diestler’s trial in relation to the Sept. 17, 2014, murder of Matthew Stinson ...

friend Derek Potantus testified that he was in the Welsey Avenue apartment with Stinson and his fiancé, Sharon Whitmore, as well as their daughter before and during the shooting.

Potantus testified that the only reason he and Stinson were in the apartment because Stinson was waiting for Diestler to arrive.

According to Potantus, after Stinson went downstairs to meet Diestler, he heard shots fired and put a couch in front of the door leading to the hallway.

He said that Whitmore had found a gun in the backroom of the apartment and he grabbed a gun as well for protection, but did not recall where he found it.

Potantus said when he heard sirens approaching the area, he put the gun down and went to the hallway to check on Stinson.

He said he checked for a pulse, but was unable to find one and after briefly holding Stinson’s head. A short time later, he said police hustled him out of the building.

Under cross-examination, Diestler’s attorney, Jack Bradley, asked Potantus about statements that he made to police that he had not handled a gun that night.

Bradley also asked Potantus why he described Stinson, who sold heroin, as a kind, loving person.

Potantus explained that everyone deserves a second chance at life.

“Who these streets make us and what this world leads us to do sometimes, which may not be the right road, doesn’t define who we are,” he said.

Near the end of Bradley’s recross-examination as he questioned Potantus about statements he made to police after the murder about whether he handled a gun

that night, Lorain County Common Pleas Judge James L. Miraldi continually asked Bradley to move on with the questioning.

Without the presence of jurors, Bradley requested a mistrial because he claimed that Miraldi had yelled at him in front of the jury which he believed would be prejudicial against his client.

“I think that when a judge raises his voice at an attorney and yells at an attorney, that that has an effect on the jury and I would like either a mistrial to be declared or the court to instruct the jury to disregard any statements or anything that the judge said or done that would in any way affect their consideration of this case,” Bradley said.

Miraldi did not declare a mistrial and said he would not offer extra instructions to the jury. He clarified that he was not yelling at or admonishing Bradley, but simply raised his voice to give Bradley a stern statement to stop, because Bradley wasn’t listening.

“I think you’re continuing to ask the same line of questions after I told you not to was disrespectful,” Miraldi said. “And I think when I talked to you in a more stern tone than I had to before, was because of your failure to follow my instructions to begin with.

“I think I’ve got your attention now.”

Angela Wade, who lived in the adjacent apartment to Stinson, testified.

Wade said she was grazed by a bullet after exiting her apartment to see what caused the loud noises, but was unable to identify the shooter.

Detective Daniel Sumpter of the Elyria Police Department also testified that in his investigation of Stinson and Diestler’s phones, he found that Diestler had contacted Stinson immediately before the shooting.

The trial will resume at 9 a.m., Jan 26.