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BCI finds gunshot residue on suspect vehicle

Scientist testifies in Youngstown murder trial

Staff photo / Ed Runyan Defense attorney Mark Lavelle points to a video of the shooting that killed Darryl Jackson Jr. on Jan. 22, 2022, on Market Street on the South Side. Lavelle was cross examining detective Jerry Fullmer of the Youngstown Police Department.

YOUNGSTOWN — An Ohio Bureau of Criminal Investigation scientist testified in the Stevie Ballard aggravated murder trial Wednesday there was gunshot residue on the window and door of the gold Honda from which someone shot and killed Darryl Jackson Jr. on Jan. 22, 2022.

Scientist Donna Schwesinger said there was gunshot residue on all four swabs collected from the vehicle by Youngstown Police crime scene investigator Brad DiTullio. He testified Tuesday he swabbed the passenger side rear window and door when he provided the swabs that Schwesinger tested.

The gunshot residue is a factor jurors can consider in deciding whether prosecutors presented enough evidence that Ballard was the shooter or driver of the Honda when someone inside fired into Jackson’s car as it traveled down Market Street near Hylda Avenue.

Ballard, 23, of Campbell, is on trial in Mahoning County Common Pleas Court on aggravated murder and other charges in Jackson’s death. If convicted of aggravated murder, Ballard would get a life prison sentence.

The prosecution rested its case Wednesday after detective Jerry Fullmer of the Youngstown Police Department testified for about two hours. The defense will have the opportunity to call witnesses when the trial resumes today. The jury could begin deliberations as soon as today.

Judge Anthony Donofrio is presiding over the trial.

The Honda was a key piece of evidence Wednesday. During Fullmer’s testimony, prosecutors showed a surveillance video from a business, the Gold Exchange on Market Street near Hylda Avenue.

The video showed the black Nissan that Jackson was driving on Market Street in the right lane and the Honda passing the Nissan in the left lane. Under questioning by Rob Andrews, assistant county prosecutor, Fulmer testified by viewing the video, he was able to detect the gunfire was occurring during that part of the video. A “puff” of snow was seen when a gunshot passed through Jackson’s car and hit the snow behind it, prosecutors have said.

The Nissan continued down Market Street for a little bit before leaving the road and ending up beside a former bank building. Jackson was found dead inside the car of gunshot wounds.

Liberty police found the Honda during a traffic stop later. Ballard’s girlfriend was driving. The vehicle was impounded and searched. Testing for DNA did not connect Ballard to the car, but another test indicated the presence of gunshot residue on the window and door.

Police found other evidence in the car, including Ballard’s Social Security card, Youngstown Metropolitan Housing Authority papers with Ballard’s name on them and a receipt from a Family Dollar Store from 10:30 a.m. Jan. 22, 2022. Police later obtained surveillance video from the Family Dollar showing Ballard visiting the store in the Honda.

Andrews told jurors during opening statements that prosecutors cannot prove who the shooter was in the Honda, but they know Ballard was “in that car and he was a participant in this. Was he the driver? Was he the shooter? It does not matter.”

A person driving the car during a killing is just as responsible for aggravated murder as the person shooting the gun, Andrews said.

Near the end of Fullmer’s testimony, defense attorney Mark Lavelle asked Fulmer if Fullmer was “able to tell us with any degree of certainty that Stevie’s in this gold car.”

Fullmer said, “The evidence suggests it. Are you asking if I can see into that car?”

Fullmer testified he could not see into the car, where Ballard was in the car, who was driving or who fired the shots.

Lavelle also asked whether Jackson’s father, Darryl Jackson Sr., gave two versions of how Darryl Jackson Sr. learned Ballard threatened to kill Darryl Jackson Jr. about 2 1/2 months before the killing.

Fullmer agreed Darryl Jackson Sr. gave two versions. One version was that his son’s mother told him Ballard told her he would kill Darryl Jackson Jr. The other version was that Darryl Jackson Sr. heard the remark while his son’s mother was on the phone in bed with him, Fullmer said.

Fullmer and Youngstown police community liaison Malik Mostella both spent time on the witness stand talking about what they say are connections between Ballard and young men who have been murdered in recent years.

Mostella also testified about a Facebook post from about 3 p.m. Jan. 22, 2022. Mostella said the post contained remarks suggesting Darryl Jackson Jr. was on bad terms with two of the men who had been killed prior to Jackson’s death. The person who posted it was later also killed, Mostella said.

Lavelle asked Fullmer during cross examination what Fullmer meant when he said Ballard was an “associate” of two of the males who were killed.

“Close friends,” Fullmer said.

“So you’re not suggesting something nefarious by the term associates that they engaged in some sort of activity?”

Fullmer responded, “I don’t know if I’m able to answer.”

erunyan@vindy.com

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