Defense seeks separate trials in brutal Upatoi triple-homicide

One defense motion was denied and two left hanging after a hearing Friday in the shocking 2016 Columbus triple homicide of a grandmother, son and granddaughter.

Rufus Lanard Burks, Raheam Daniel Gibson, and Jervarceay Tapley face murder and other charges in the brutal slayings of Gloria Short, 54; her son Caleb Short, 17; and granddaughter Gianna Lindsey, 10; found dead Jan. 4, 2016, in the Shorts’ 3057 Bentley Drive home.

Superior Court Judge Gil McBride has set a trial date of Oct. 30. Attorneys argued pretrial motions during Friday’s hearing.

Attorney Jennifer Curry, who represents Burks, moved to suppress evidence police found on her client’s cell phone, arguing police had insufficient justification for the search.

She said police first arrested her client and another suspect for possessing marijuana at Spencer High School, and had the other suspect’s mother give them consent to search her son’s two cell phones, which the mother had bought for him to use.

The mother could not have given police permission to search Burks’ cell phone, Curry said.

Prosecutor Al Whitaker countered detectives did not get Burks’ phone during the Spencer arrest. They got a search warrant for Burks’ Edgechester Drive home on Jan. 21, 2016, and seized the phone they found in his bedroom.

Detective Alan Malone told Curry a police report indicating Burks owned the two cell phones confiscated at Spencer was incorrect, and he could not testify to how the mistake was made, as another investigator made it.

Whitaker introduced affidavits and warrants showing officers had proper documentation to seize and search the phone from Burks’ residence.

Curry then argued police searched the telephone based only on statements they got from Gibson, and Gibson never told investigators Burks had any contact with the victims.

McBride denied her motion to suppress any evidence from Burks’ phone.

Trial venue

Curry next moved for a change of venue, arguing pretrial publicity would so prejudice potential jurors the court would not find an impartial panel to hear the case.

She noted her client’s father, also named Rufus Burks, once was charged with murder and pleaded to a manslaughter charge. Anyone who searched the name “Rufus Burks” online would find reports on both the son and father, and possibly conflate the two, she said.

“Most people, they read the headline and keep going,” Curry said.

She said local media have covered not only the triple-homicide case, but also collateral events, such a memorial for Caleb Short at Shaw High School, and a commemoration during his classmates’ graduation.

“It keeps these emotions fresh for the community,” Curry said, adding online reports on the case always provoke “extremely harsh” comments posted by readers.

District Attorney Julia Slater said one standard for determining prejudicial publicity is that it’s inflammatory, incorrect or so provocative as to create an atmosphere of hostility. At this point the court can’t tell whether prospective jurors would be prejudiced by publicity, because jury selection hasn’t started, Slater said.

McBride agreed that it’s too early to determine the effect of media coverage on a jury pool, as no pool has been assembled. He said Curry’s motion was premature but could be brought back for consideration if jury selection becomes difficult because of prejudice.

Separate trials

Both Burks and Gibson have asked to be tried separately from the other defendants.

Gibson’s represented by Mark Shelnutt and William Kendrick. Shelnutt said court standards for severing cases for separate trials are the risks that the number of defendants involved would confuse jurors; that evidence admissible against one defendant will be applied to another; or that the defendants’ trial strategies make their defenses antagonistic toward each other.

Shelnutt and Kendrick long have maintained their client is the least culpable of the three because he never entered the Shorts’ home, where the three victims were killed. The subsequent search warrants police served found no evidence tying Gibson to the crime scene, Shelnutt said.

Curry emphasized the danger that evidence against one defendant would be applied to others, making it appear all are equally culpable, when the degree of responsibility differs significantly.

Slater said the three were involved in a single incident with evidence they conspired together, so they could be equally culpable. It would be inefficient to hold more than one trial over a single case, necessitating duplication in the presentation of evidence and witness testimony.

McBride did not rule on the severance motion, instead suggesting attorneys more thoroughly review the evidence and file motions next week. He set a second hearing for 9 a.m. Oct. 6 to consider severance.

Tapley’s attorney, Shevon Sutcliffe Thomas, filed no motions that McBride had to hear Friday.

This story was originally published September 29, 2017 at 5:17 PM with the headline "Defense seeks separate trials in brutal Upatoi triple-homicide."