Judge orders Tuttle Mall shooting suspect to be held without bond pending trial

A Mansfield man accused of fatally shooting another Mansfield man in a shoe store at a Columbus mall for smacking him with a purse will remain behind bars without bond until his trial.

Franklin County Common Pleas Court Judge Andy Miller ruled Thursday afternoon that 24-year-old Tyrone Gray will not be given bond while he awaits trial on charges of aggravated murder, murder, aggravated burglary and inducing panic in connection with the June 13 shooting of 25-year-old Dontarious Sylvester inside the Sole Stop store inside the Mall at Tuttle Crossing.

'He smacked me with a purse': In 911 call, Tuttle mall shooter says he shot victim 

The hearing before Miller occurred after a motion was filed by Assistant Franklin County Prosecutor Steve Schott to have Gray held without bond pending trial.

A decision from the Ohio Supreme Court in January reaffirmed that judges cannot take public safety into account when issuing bond amounts. Judges are only to consider the defendant's likelihood to appear in court, their past criminal history — if any exists, the seriousness of the offense and only information presented at the hearing by the attorneys involved in the case.

Prosecutors can request in any homicide case that a defendant be held without bond. A judge can then order a hearing where testimony is presented about the weight of the evidence in the case and the risk to the public the defendant might pose if released.

A proposed amendment to the Ohio Constitution that will be on the Nov. 8 general election ballot would, if approved by voters, permit judges to consider public safety in setting bond.

Amendment on the ballot: Should Ohio change its constitution when it comes to setting bail? Voters will have a say in November

Video played during the bond hearing before Miller showed the shooting from two different angles.

The first video angle shows Gray entering the store, where Sylvester already was inside, and then approaching Sylvester and speaking with him.

"This is a man who cornered a young man, in a store, on video, with children around, pulled out a gun, held it at his side while the victim fell over a bench and then summarily executed him," Schott said. "He then calmly walked out as though nothing had happened, let alone taking a human life."

Columbus police Det. Jeremy Phalen, the lead investigator on the case, testified that an AR-15 rifle, drum-style magazine and two types of ammunition were found in Gray's car in the parking lot of the mall where he went to wait for police after calling 911.

Gray was initially given a $50,000 bond by Franklin County Municipal Court Judge Eileen Paley. He posted that bond through a bond company within hours and was released.

Following his indictment last week, the U.S. Marshals Southern Ohio Fugitive Apprehension Strike Team (SOFAST) had been seeking Gray. He turned himself in at the Franklin County jail on June 17.

Back behind bars: Tuttle Mall shooting suspect back in jail after alleged threats to witnesses

Charles Sanso, supervisory Deputy U.S. Marshal, had said previously that statements Gray had made "warranted more of an immediate response."

Gray's attorney, Sam Shamansky, has denied that Gray made any threatening statements on recorded jail calls.

Phalen said Thursday that there were no threats on the calls. Phalen testified that he received a call from a woman in Mansfield who was the relative of a 2018 homicide victim in that city.

The woman, according to Phalen's testimony, said Gray had urinated on and desecrated her son's grave, stealing a statue and then driving over her son's grave.

Schott also showed Miller an April 8 Facebook post from a page believed to belong to Gray.

"Should of finished me when they had that chance years ago you won’t get to play that card again," the post said in part.

Brain drain: Departure of dozens from Franklin County Prosecutor's office raises 'brain drain' concerns

Shamansky, said during Thursday's hearing that Gray had been shot during a bar fight in Manfield in 2019. Sylvester was at the same bar on the same night.

Shamansky argued during the hearing that Gray should be released on house arrest, arguing that his client was in fear after being struck by a purse Sylvester was carrying.

"You couldn’t ask for more cooperation out of person accused of any crime," Shamansky said. "There's zero evidence he knew this gentlemen, how did he know he was going to be at the Tuttle mall shoe store? It defies logic and common sense."

Shamansky hinted that his client may seek to argue self-defense at a future trial.

"At the end of the day, this is ultimately for the jury to decide, but I don’t see a very persuasive argument for self-defense," Miller said.

Miller was considering releasing Gray on house arrest, given his minimal criminal history and the likelihood he would abide by bond conditions. However, Miller noted that Gray's mother lives out of state.

"... Some actions can be so bad that nothing can be imposed to ensure the safety of the public," Miller said. "I’m going to err on the side of holding Mr. Gray without bond in this case."

bbruner@dispatch.com

@bethany_bruner

This article originally appeared on The Columbus Dispatch: Judge orders Tuttle Mall suspect to be held without bond pending trial