By Trend News Line 2024-05-07 00:00:00.
Legal Challenge in Fatal Fire Case
In a recent development in the case of the fatal fire that claimed the life of 16-year-old Chassidy Broadstone, co-defendant Brendan Michael Daviduk’s attorneys have motioned for the charges against their client to be dismissed. The attorneys, Rhys Brendan Cartwright-Jones and Louis M. Defabio, cited Sixth Amendment violations during a hearing in front of Trumbull County Common Pleas Judge Sean O’Brien.
Specificity of Charges
The motion filed by Daviduk’s legal team argues that the charges against him do not specify whether he acted as a principal offender or with prior calculation and design in the January 2023 fatal fire that took place at Chassidy’s Nevada Avenue NW residence. The trial date for Daviduk is set for June 17.
Surveillance Footage Evidence
According to an affidavit filed during the hearing, surveillance footage captured two suspects at the residence on the day of the fire. One of the suspects, identified as Zackary Gurd, was seen carrying a gas can while dressed in a hooded sweatshirt. Moments before the fire ignited, Gurd was observed with the gas can and later seen removing an Xbox from the home. Investigators identified Gurd as a suspect and arrested him in Virginia after he fled the state.
Co-Defendant’s Plea Deal
Gurd, who has since pleaded guilty to charges of aggravated murder, attempted aggravated murder, aggravated arson, aggravated burglary, and tampering with evidence, faces between 40 and 60 years of imprisonment. His sentencing is pending in the courtroom of Common Pleas Judge Cynthia Rice.
Upcoming Trial
Co-defendant Patricia Zarlingo is scheduled for a trial in Judge O’Brien’s courtroom on July 23. The defense motion suggests that a witness familiar with the suspects identified Gurd and a GMC Yukon XI owned by Zarlingo, linking the two to the fatal house fire. Phone records placed Zarlingo and Daviduk near the location of the Nevada home, but the defense argues that this does not indicate intent for murder.
Legal Challenge
Daviduk, who is facing multiple charges including aggravated murder, attempted aggravated murder, aggravated arson, aggravated burglary, and tampering with evidence, is seeking further clarification from the government regarding his involvement. The defense counsel contends that the charging instruments do not meet the felony murder capital specification required by Ohio law.
In conclusion, the legal battle surrounding the fatal fire case continues to unfold as Daviduk’s attorneys fight for the dismissal of charges against their client. The upcoming trials of the co-defendants will shed more light on the events leading up to the tragic incident that claimed the life of Chassidy Broadstone..
– Daviduk attorneys seek dismissal in fatal fire
– Attorneys seek dismissal in 2023 fatal fire.