Simone Biles’ brother’s lawyers believes there’s no evidence for his murder charges

His reps believe that there’s no proof Tevin Biles-Thomas killed anyone at the Cleveland AirBNB on that night, and that police improperly questioned him

Tevin Biles-Thomas (Photo: Liberty County Sheriff’s Office) is the brother of Olympic phenom Simone Biles (Photo by Francois Nel/Getty Images) and has been accused of a triple homicide.

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.

READ MORE: Simone Biles’ brother arrested for a triple murder at an Airbnb

According to, 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 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 “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.

READ MORE: Simone Biles sends emotional tweet after brother charged in triple-homicide

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.