Wolowski tries to avoid death penalty case, questions evidence against him
Brandon Wolowski handed a gun to a West End resident just minutes after a fatal shooting and an attempted homicide in Washington five years ago, according to testimony Monday at a pretrial hearing in Washington County Court.
Wolowski, then 18, entered a basement where Terry Cohen Jr. was playing video games the night of Jan. 8, 2013, and gave Cohen a gun, city police Lt. Daniel Stanek testified before Judge John DiSalle. The weapon was recovered, Deputy District Attorney Leslie Ridge said after Monday’s hearing.
Prosecutors are seeking the death penalty if Wolowski is convicted of first-degree murder of Matthew Mathias, 37, who was shot to death while fleeing his home in the 900 block of Fayette Street.
Sgt. Michael Manfredi, a South Strabane police officer who was on duty for East Washington Police Department the night of the shooting, learned information of where a man named “Brandon” might be found.
Wolowski, now 23, hopes to have homicide, attempted homicide, robbery and aggravated assault charges dismissed as his attorneys call into question the circumstances and statement Wolowski gave to police.
Michelle Powell, 38, Mathias’ girlfriend, told police the shootings occurred as part of a robbery. She was shot in the face, chest and arm but survived after surgery.
Whether Powell at some point identified Mathias as the person who shot her was also the subject of testimony.
Deputy District Attorney Leslie Ridge took the position that in the confusion immediately surrounding Powell while she was being treated for gunshot wounds, incorrect information was given to the emergency dispatch center about Mathias being the shooter.
According to Stanek, Powell identified the shooter as “Brandon” who had an unusual last name.
Mathias, who was shot in the back as he was fleeing his home during what is believed to have been a robbery of guns, was already dead when police responded to the emergency.
Ridge, on her laptop, played a recording of 10 calls to the 911 center made in connection with the shooting, but the compact disc was largely inaudible. The judge, however, could replay it in chambers.
Wolowski’s court-appointed attorney Noah Geary, meanwhile, is hoping to exonerate Wolowski, who has been incarcerated without bond since Jan. 9, 2013.
DiSalle did not immediately rule on the attorneys’ interpretations of actions by the police, instead giving each side time to submit briefs.
Geary tried to cast doubt on law enforcement officers’ focus on Wolowski as the perpetrator.
City police Lt. David Bradley testified that, according to the description they received, police were seeking a white or biracial male dressed in dark clothing.
Stanek also cited his interaction with Ja’treveton Bledsoe, a black man who lived in a basement apartment with an Addison Street address. Bledsoe said an agitated Wolowski appeared at his home and asked for a change of clothing. When police entered Bledsoe’s apartment, where the smell of marijuana smoke was apparent, Wolowski was wearing a white undershirt and basketball shorts.
Wolowski, who did not appear to be under the influence of drugs or alcohol, went to the police station and consented to be questioned by Stanek, the lieutenant said, adding the defendant appeared to understand what was happening.
Geary, as he has in previous court appearances, Monday pointed to Wolowski’s learning disability linked to fetal alcohol syndrome.
Ridge argued Stanek would not have been aware of Wolowski’s condition because he had no previous contact with him.
“It’s foreseeable a defendant may have cognitive impairments or conditions that would invalidate the waiver” of his right to remain silent, Geary said after the hearing.
DiSalle briefly questioned Wolowski about his choice to either testify or remain silent at his trial.
“That is correct, your honor,” responded Wolowski, who occasionally took notes during the hearing while in handcuffs.
In a related matter, Ridge told DiSalle she was notified late last week the Superior Court denied Geary’s petition for review.
Geary said after the hearing, “I don’t know if we would appeal. It just came in Saturday’s mail. I have to give it some thought and talk to the client about it.”
He allowed that an appeal could affect the beginning of jury selection scheduled for next month.