The News Herald (Willoughby, OH)
Man accused of killing teen appears in court
A new trial date has been set for the Akron man who was allegedly behind the wheel of a truck that struck and killed a 17-yearold Eastlake girl on Vine Street in June.
Eric Dean Jones Jr. allegedly drove off the right side of the road and struck Maddisan Chase, of Eastlake, with his work truck June 5. The truck then continued and crash into a pole at the southwest corner of the intersection, according to Eastlake police.
Chase was transported to Lake Health’s West Medical Center in Willoughby, where she was pronounced dead. She was a student at Eastlake North High School.
On Aug. 6 the Lake County grand jury indicted Jones on five charges: two counts of second-degree felony aggravated vehicular homicide; third-degree felony aggravated vehicular homicide; misdemeanor operating a vehicular under the influence of alcohol, a drug of abuse or a combination of them and misdemeanor operating a vehicle under the influence of a listed controlled substance or a listed metabolite of a controlled substance.
Jones appeared in a pretrial hearing before Lake County Common Pleas Court Judge John P. O’Donnell Aug. 21. A plea deal has been offered to Jones, but he did not accept it at the hearing. The offer on the table from the Lake County Prosecutor’s Office is for Jones to plead guilty to one count of second-degree felony aggravated vehicular homicide and one misdemeanor count of operating a vehicular under the influence of alcohol, a drug of abuse or a combination of them.
On Aug. 15, Jones’ attorney Donald J. Malarcik filed two motions to suppress. In one of the motions, Malarcik is asking the court to suppress “any and all statements obtained as a result of his interrogation, detention and arrest as well as any and all evidence derived as a result of said unlawful, interrogation, detention and arrest.”
Malarcik argues in the motion that Jones was not properly advised of his Miranda rights prior to an interrogation by police while in custody.
“(Jones) was interrogated without a knowing intelligent and/or voluntary waiver of his Miranda rights, he was questioned after he had requested counsel, and finally, said statements were involuntarily given,” Malarcik wrote in the motion.
In the other motion, Malarcik asks the court to suppress all blood and urine test and the results obtained from Jones.
“The basis for this motion is that blood collected
“(Jones) was interrogated without a knowing intelligent and/ or voluntary waiver of his Miranda rights, he was questioned after he had requested counsel, and finally, said statements were involuntarily given.” — Eric Dean Jones’ attorney Donald J. Malarcik
at Lake West Hospital and tested at the Hamilton County Crime Lab was not accomplished pursuant to Ohio Department of Health Regulations and/or in compliance with the Ohio Administrative Code or Ohio Revised Code,” Malarcik wrote. “Moreover, (Jones’) blood and urine sample was taken without probably cause, a warrant, exigent circumstances, a valid arrest, and without first properly advising (Jones) of his rights and obtaining valid consent.”
A hearing date to discuss the motions is scheduled for Oct. 9. A jury trial is scheduled for Nov. 13.