In pre-trial motions, lawyers for Tevin Biles-Thomas, the brother of U.S. Olympic gymnast Simone Biles who is charged in a triple murder in Cleveland, say there’s no evidence against Biles-Thomas and that he was charged by police after they improperly questioned him.
According to Cleveland.com, Biles-Thomas, 25, was indicted in August for murder, voluntary manslaughter, felonious assault and perjury in the deaths of Devaughn Gibson, 23, DelVaunte Johnson, 19, and Toshaun Banks, 21. In addition, a woman and man, also in their early twenties, were injured in the shooting that occurred at a New Year’s Eve party at an Airbnb rental. Police say some men came to the party uninvited and were asked to leave, which caused a fight to break out.
Biles-Thomas, an Army Corporal, is reportedly Gibson’s cousin, according to Cleveland.com and the two came to the party together, according to his attorney, Joseph Patituce, who added that Johnson and Banks were already at the party.
Police interrogated Biles-Thomas on Feb. 8, although he thought he was just coming in to give police a statement since he reportedly witnessed his cousin’s death, Patituce said.
“He had no idea he was a suspect,” Patituce told Cleveland.com. “He just wanted to tell the officer what he saw that night, and the next thing he knew he was being told he was a suspect in a serious crime.”
Patituce asked the Cuyahoga Common Pleas Court judge on the case to suppress all statements that Biles-Thomas made after he first told police he wanted a lawyer present. And Patituce filed another motion blaming prosecutors for withholding evidence in the case. He wants the judge to release transcripts from Grand Jury testimony to learn what evidence prosecutors have to charge Biles-Thomas.
Cuyahoga County Prosecutor Michael O’Malley’s office has not yet filed its response to the defense motions.
A pretrial hearing will be held Dec. 18.