News Alerts

Saturday, February 16, 2008
By Benjamin Duer REPOSITORY STAFF WRITER - Canton, Ohio

THE VERDICTS:

Count 1: Aggravated murder (Davis)

Count 2: Aggravated murder (unborn child)

Count 3: Aggravated murder (unborn child)

Count 4: Aggravated Burglary

Count 5 and 6: Gross abuse of a corpse

Count 7: Child endangering

Cutts faces at least 25 years, death penalty is a possibility.
 

Cutts admission denied

Saturday, December 22, 2007
By Shane Hoover REPOSITORY STAFF WRITER - Canton, Ohio
 

CANTON. Lawyers for Bobby L. Cutts Jr. said they wanted to set the record straight Friday on reports that Cutts has admitted to killing Jessie M.

Davis and her unborn daughter.

"Obviously, our concern is that when it gets reported that our client makes confessions when it's not accurate, we have a big problem with that, and that was the reason for asking for the emergency hearing," defense attorney Carolyn Ranke said following a hearing at the Stark County Jail.

While the defense was able to address media reports, Stark County Common Pleas Judge Charles E. Brown Jr. again denied requests to drop the death-penalty elements of the case and to make prosecutors turn over more information.

Cutts, a 30-year-old former Canton police officer, is charged with three counts of aggravated murder, aggravated burglary, gross abuse of a corpse and endangering children. He and Davis had a son together.

Cutts denies guilt. His trial is set to start in late January. If convicted of aggravated murder, Cutts could face a death sentence.

The defense repeated its argument from Tuesday's hearing that the evidence, as provided by county prosecutors, doesn't support the death penalty.

"Right now we don't even have a cause of death," defense attorney Fernando Mack told the judge.

Brown said Cutts' attorneys will be able to question at trial what the evidence does or doesn't prove, and that he expects the lawyers to disagree.

The defense also says potential jurors may have been tainted by Stark County prosecutors saying that Cutts admitted to co-defendant Myisha L. Ferrell that he killed Davis and her unborn daughter in June, and led police to Davis' badly decomposed body. 

Ferrell, who pleaded guilty in November to obstructing justice and complicity to gross abuse of a corpse, has agreed to testify at Cutts' trial.

During the hearing, Mack challenged prosecutors to point to the page in Ferrell's statement, called a "proffer," that contains Cutts' alleged admission.

"Bobby Cutts has never admitted to killing Jessie Davis, not in that proffer," Mack said.

The defense declined to comment on the claim that Cutts led police to Davis'

body in a Summit County park, saying the issue is reserved for trial.

Stark County Prosecutor John D. Ferrero said his office isn't trying to influence public opinion by releasing details on the case, and all information concerning Ferrell's statement has been provided to the defense.

"We want to make sure a fair trial is given to Mr. Cutts and that this case is heard in Stark County," Ferrero said. 

Ferrell to Testify Against Cutts

Tuesday, November 6, 2007
By Shane Hoover REPOSITORY STAFF WRITER - Canton, Ohio
 

CANTON.  Myisha L. Ferrell's attorney drove to the Stark County Jail on Sunday and laid out the deal one more time. For two days, he and county prosecutors had been looking for a way to avoid a trial if they could.

The math was simple enough: Ferrell could plead guilty and spend no more than two years in prison, or go to trial and risk not seeing her 9-year-old daughter until she's nearly old enough to drive.

The emotions were another matter. Ferrell would spend at least a year behind bars and have to testify at the trial of the other suspect, Bobby L. Cutts Jr.

On Monday morning, with a jury waiting to hear her case, Ferrell took the deal.

In a soft voice, the 30-year-old Canton woman pleaded guilty to obstructing justice and complicity to gross abuse of a corpse in connection with the disappearance and death of Jessie M. Davis.

Defense attorney John Alexander called it a "business decision."

"Objectively, it was a decision that was right," he said. "Emotionally, it was extremely difficult."

Early release possible

With the plea, the details of what authorities believe happened to Davis, a 26-year-old woman from Lake Township, remain unclear. Cutts is accused of killing Davis and her unborn daughter. Cutts, the suspended city police officer, faces a possible death sentence if convicted.

Stark County Common Pleas Judge Charles E. Brown Jr. sentenced Ferrell to two years in prison, and said he would consider releasing her to probation after one year. Ferrell also gets credit for the time she's spent in jail since her arrest, but that time doesn't count toward early release.

The sentence can be thrown out if Ferrell doesn't testify truthfully at Cutts' trial.

Authorities have said Ferrell lied during their investigation and helped Cutts dispose of Davis' body.

The plea resulted from hours of weekend negotiation between the prosecution and defense.

Family members of Ferrell and Davis attended the hearing and left the courthouse without speaking to reporters.

Stark County Prosecutor John D. Ferrero said Davis' parents were consulted before the deal was finalized.

"They looked at the whole picture, and they were satisfied with the outcome," he said.

Ferrero wouldn't comment on Ferrell's role in the case, how her testimony might impact the prosecution of Cutts or whether convicting Cutts is his office's priority.

Neither side would say how the final negotiations got started or what deals had been on the table earlier.

"I would say it was pretty contentious," Alexander said. "I mean, both sides were dug in, and both sides believed in their case. So, I mean, it was very difficult."

Alexander said Ferrell is upset by the whole situation, but he couldn't go into her side of the story.

Case drew national attention

Davis was reported missing from her Lake Township home June 15 after her mother, Patty Porter, found the duplex in disarray and Davis' 2-year-old son, Blake, home alone.

Over the next nine days, authorities and hundreds of volunteers searched for Davis.

Investigators soon turned to Cutts - Blake's father and the suspected father of Davis' unborn daughter, Chloe. Sheriff's deputies and FBI agents searched his Plain Township home, as well as Ferrell's apartment.

On June 23, authorities recovered Davis' badly decomposed body from Hampton Hills Metro Park in Summit County and arrested Cutts. Ferrell was charged the following day.

Cutts is scheduled for trial in February.

Myron Watson, one of Cutts' attorneys, said Ferrell likely will give prosecutors a new statement and the defense will have to wait and see what that is.

An all-white jury of six women and six men, drawn from voter-registration rolls, was seated to hear Ferrell's case. Of 116 prospective jurors in the final pool, only three were black.

Cutts' defense team unsuccessfully sought to widen the pool by including licensed drivers and still could ask the court to move the trial to a different county. Information gleaned from selection of the Ferrell jury would be a factor in any change of venue request, Watson said.
 

Canton man pleads guilty to murder

Saturday, July 28, 2007
By Shane Hoover REPOSITORY STAFF WRITER - Canton, Ohio
 

CANTON.  John Ghezzi came to court looking for an answer.

Why did his granddaughter, Tomi, have to die?

Peyton J. Sumpter, the man with the answer, was silent. Sumpter pleaded guilty to murder and other charges Friday, but he didn't explain why his girlfriend was dead, even after hearing her grandfather's question.

"It just bothers me that we'll never know," Ghezzi said after the hearing in Stark County Common Pleas Court. "We'll never know her side of the story."

Judge John G. Haas sentenced Sumpter to 18 years to life in prison. A probation violation on another case adds nine more months to the term, meaning Sumpter can't be considered for parole for nearly 19 years.

Police found 20-year-old Tomi Ghezzi of Canton in the bushes behind a Dumpster in the 2700 block of Harrison Avenue NW on April 6. She had been killed by a single gunshot wound.

Sumpter, 20, of 2706 Rowland Ave. NE, No. 8, and Ghezzi were in a car, fighting, when Sumpter shot his girlfriend in the head with a .32-caliber revolver, said Assistant Stark County Prosecutor Joseph Vance. After leaving Ghezzi's body, Sumpter went home to tell his parents. He returned to the site with his stepfather, who called police.

Sumpter claimed the shooting was accidental. He and Ghezzi were returning from a night out when they got into an argument. Sumpter said Ghezzi grabbed the gun first, they struggled and it went off, according to his attorney, Derek Lowry.

Sumpter gave three statements to police and initially denied owning the gun.
There were other discrepancies.

"He really was not sure as to what occurred and how the gun fired," Lowry said, noting that Sumpter had consumed 12 to 14 alcoholic drinks that night.

Ghezzi's family has described her as a smart, pretty, girl who had a lot of friends. She and Sumpter had an on-and-off relationship for two years. At times it was violent.

"She was trying to get out of the relationship but it was too late,"
Assistant Stark County Prosecutor Jennifer Dave said.

Had the case gone to trial Monday as scheduled, prosecutors could have called Ghezzi's sister, who heard Sumpter tell the victim, "I'll kill you,"
a week earlier, Lowry said.

In addition to murder with a firearm specification, Sumpter pleaded guilty to being a felon with a gun, improperly handling firearms in a motor vehicle and cocaine possession. He faced up to 26 years to life in prison.

"He certainly didn't seem to show remorse today," Vance said.

"The unfortunate thing in the criminal justice system is we never get all the answers," Dave added.

Sumpter didn't give a reason for not wanting to speak, but he didn't mean to hurt or punish Ghezzi's family, Lowry said. He probably was still processing the reality of his sentence and Ghezzi's death.

"He did care about Tomi, deeply," Lowry said.

 

Couple had history of domestic strife   -  Saturday, March 31, 2007

By Lori Monsewicz REPOSITORY STAFF WRITER - Canton, Ohio

NIMISHILLEN TWP.  Nancy Weaver filed for divorce from the same man three times. Each time, she dropped it. Thursday night, not long after she stopped at a local video store to rent a movie to watch with him, that man took her life and then his own. Nancy Weaver was 53; her husband was 57. Stark County Sheriff Tim Swanson said investigators believe Michael W. Weaver fired a single gunshot to her head before shooting himself. Their 23-year-old daughter, Erin Weaver, had left their single-story brick home at 9644 Sommerville St. NE about 5 p.m. Thursday to go out with friends. She found their bodies when she returned at 10:15 p.m. Swanson said Erin Weaver found her mother slumped on the floor between the couch and recliner in the family room, and her father lying up against the fireplace. "It looks as though he killed her and then shot himself," the sheriff said. Deputies found the gun lying next to Michael Weaver. "He'd been mean to her the whole 36 years they were married," said Nancy Weaver's mother, Joyce Carver. "She was never allowed to go anywhere; he'd take the phone off so she couldn't talk to her friends or us. She was a good girl. She never went anywhere or done anything - she wasn't allowed. She was beautiful. She didn't deserve this." Nancy Weaver's brother, Rodney Newlin, described Michael Weaver as "an idiot. He used to beat her half to death." Though she had left Michael Weaver several times, she always went back, Newlin said. The couple shared the same birthday, attended the same Lake Local schools and married when Nancy was just 17, Newlin said. They had two daughters, Erin and Stacy. BIG SIGNS OF TROUBLE They enjoyed camping and had a house on Seneca Lake, Newlin said. Nancy Weaver worked the night shift at a Louisville area nursing home. Michael Weaver worked as a maintenance manager at Gregory Industries, where Chief Executive Officer Steve Gregory said he was a "loyal, hardworking, dedicated and committed employee." "From a work standpoint, we couldn't ask for a better employee," Gregory said. But there was trouble at home. Nancy Weaver filed for divorce Jan. 6, 1989; she withdrew her complaint two weeks later, Stark County court records show. She filed again on March 3, 2003, and her husband filed a counterclaim two weeks later. Both withdrew their complaints, canceling the divorce proceedings that August. Court records show she filed again Nov. 14, 2006. Newlin and Carver said she moved in with them in Hartville, where she lived until Jan. 28, when she returned to her husband. The divorce was dropped a week later. Carver said her daughter only called her once since then. "She wasn't allowed to call me," Carver said; her son-in-law didn't want them to communicate. Newlin said he and his sister spent nearly the entire day Thursday cleaning out their father's home, which has been sold. Their father had been hospitalized after suffering a massive heart attack. Newlin was taking Weaver home when she asked to stop at a video store in Louisville. He said he waited in the car as she went inside to rent a movie to watch with her husband. Then he took his sister to her home. Sheriff's deputies had been to that home several times before. Swanson said they were called to the home Nov. 24 for a domestic dispute between the couple. With no threats of violence, "just verbal confrontation," no one was arrested, he said. Deputies had been there three days earlier after Newlin had called them to report his sister may have tried to overdose on medication. Newlin also told them that his sister was in the midst of a divorce. Stark County Coroner P.S. Murthy conducted autopsies on the Weavers Friday afternoon.

Becky's comments:

A woman of domestic violence and abuse goes back to her abuser on the average of 7 times.

What a sad and horrific tragedy. Did he tell her over and over, "I'll change, and do better. But you need to too?" Did he tell her over and over he was sorry? Did he give her a "honeymoon phase" when she took him back, or when she went back? Or, possibly not, because it was up to him to give her this, and he may have told her she wasn't worth it. So many lies, so much deception, so much coercion that had to have gone on and on. Was she constantly walking in eggshells to please him? Was her life full of so much turmoil she didn't know who she was? Was she isolated from friends and family? Or, on few occasions, did he allow her to the see them when it was only for his gain. After all, she probably had to "pay him back" for the privileges he gave her. The bottom line: "Power and Control."

His power over her. That is what abusers seek the most. They must control someone-they must have power over someone, and they call it "love?" Not even close.

We will never know these answers because she is dead. But, ask yourself this...could this be me?

I know of many women who never thought that their abuser will get violent because they tell me, "He's only been verbally abusive, never physical."

Okay. Well, when an abuser sees that he is losing control of his victim, they do change tactics, and believe me, those tactics can and sometimes do include violence and rage. When they see that their victim is set on not returning, or getting a divorce, she has left for good, they can and do go into a violent rage and that rage can mean death.

Protect yourself. Have a "Safety Plan!". Do not give out your whereabouts.

Put your phone number in someone else's name if you can. I will be putting together a "safety plan" for survivors very soon. In the meantime, stay safe, protect yourself and your loved ones. Get a TPO, (Temporary Protection Order), or a CPO, (Civil Protection Order), or a No Contact, and stick with it.

Here are a few tips for a "Safety Plan" to get you started.

• Have extra keys to your vehicle and your home or apartment.

• Pack a bag of essentials that you can grab at a moments notice.

• If you have neighbors, alert them about the situation. If you can escape, while getting away, hit your alarm on your vehicle key! This could be an alarm to your neighbors to call the police for you. If you can, go directly to a police station and report everything.

• If you take medication, have a back-up supply in your bag, plus toiletries, extra cell phone, cash, copies of identification, such as drivers license, birth certificate, (and your children's), names and phone numbers of friends and relatives, and possibly a "safe-house or shelter" if there is one near you, go to it immediately.

I know of a woman who was driving away from a physical attack of her abuser in their home. He shot out the back of her SUV. If she would have not ducked when she saw him pointing the gun at her, she would be dead now too, or severely injured. She drove to the police station. He was arrested, and went to prison. (He never was physically abusive until that night when he went berserk!)