Recordpub.com - Would-be partner takes stand: Portage detective also testifies at trial for murder

Cortez Oliver stand next to his attorney at his trial at the Portage County Courthouse.

Cortez Oliver, lower left corner, is on trial for murder at the Portage County Courthouse. Portage County Prosecutor Eugene Muldowney and Detective from the Portage County Sheriffs Office go over a map of the grounds where evidence was found.

By Dave O’Brien

Record-Courier staff writer

Investigators recovered dozens of Richard Lowther’s quarters and other coin collecting materials from his property, along Tallmadge Road and inside Darrell Dukes’ car — the scenes of alleged crimes that prosecutors say resulted in the 68-year-old Rootstown man’s death on July 30, 2009.

Prosecutors allege that Fairlawn man Cortez Oliver was the ringleader in the robbery and murder of 68-year-old Lowther in July 2009. They backed up their theory Thursday with the testimony of Bobby Nolan, a Ravenna man who said he declined to be part of a plot to rob Lowther’s house because he had a bad feeling that his partners in crime would be snitched out by their female accomplice.

Prosecutors made Oliver one final plea offer — 25 years to life in prison on the murder, robbery and burglary charges — that Assistant Portage County Prosecutor Tom Buchanan said was valid only until the state put its first witness on the stand Thursday. Oliver told Portage County Common Pleas Judge Laurie Pittman he rejected the offer.

Nolan, currently incarcerated on a 100-day jail sentence for attempted drug possession, testified Thursday he “never had a problem” with Oliver, but didn’t want any part of the “big lick,” or robbery, because Lowther was rumored to own guns and because Jodi Fetty was involved.

“I had a bad feeling. We didn’t have no weapons, we knew the old man had weapons, and because of the white girl,” said Nolan, who is black.

Fetty has pleaded guilty to her involvement in the robbery, burglary and murder and is expected to testify at trial.

Nolan said Oliver showed up at Jonathan Dukes’ house on July 1, 2009 and “asked us if we wanted to hit a lick — a robbery, theft and such.” Nolan said Oliver wanted him to be the lookout, but he declined. Oliver asked again later, and Nolan again declined after seeing Fetty in Darrell Dukes’ car.

“I told him I had a bad feeling about it. He said I was acting scared ... I seen the white girl, I thought if we all got popped, she’d be the first one to say something,” Nolan testified.

Nolan said prosecutors offered him no deals to testify. He told defense attorney Troy Reeves on cross examination that “the main reason why I’m testifying is because word on the street is that Cortez Oliver is trying to put it on” Jonathan Dukes. A second reason was that someone involved in the case had given Nolan’s name to police as a person of interest.

“If my name wasn’t involved, I wouldn’t be sitting up here,” Nolan said.

Testimony that Oliver was the ringleader of the plot wasn’t the only evidence prosecutors offered Thursday. Eyewitness James Oaks testified that barking dogs — his and Lowther’s — woke him from a sound sleep that morning. Oaks, who rents a small house on Lowther’s property, testified he looked out the window to see a tall man and a short white woman running from Lowther’s house carrying coins.

Oaks also testified he took several swings with a large wooden dowel at a man who was fleeing Lowther’s house. Oaks said he was “pretty sure I got him at least once, maybe twice” before the man outran him toward Tallmadge Road. Prosecutors say that man was Jonathan Dukes.

After several sheriff’s deputies and Rootstown paramedics arrived in response to Oaks’ 911 call, Portage County Sheriff’s Office detective James Acklin arrived. He testified he found Lowther’s house in “general disarray.”

There was blood on the floor of the enclosed porch where Lowther was assaulted, Acklin testified. Other items were knocked over or out of place, he said, suggesting a burglary.

Detectives found no suspect fingerprints or DNA during their crime scene investigation, Acklin admitted during cross examination.

Also testifying Thursday:

• Giant Eagle loss prevention manager Bill Dorrich testified a woman who appeared to be Fetty obtained a Coinstar change machine receipt for 740 quarters totaling $185. That receipt was used to buy several packs of Newport cigarettes, a lighter, a bottle of mouthwash and a mobile phone card the morning of the incident. Fetty was arrested shortly afterward in Darrell Dukes’ car in the Giant Eagle parking lot.

• Summit County Deputy Medical Examiner Dorothy Dean testified Lowther’s death was from complications of a spinal cord injury due to blunt force trauma to his neck. The manner of death is homicide because Lowther’s death was caused by another person, she testified.

“Someone else killed Mr. Lowther. That’s all homicide means,” Dean said.

• Rootstown Fire Department paramedic Lt. Michael Leigh also testified he observed a boot print on Lowther’s lower back upon taking the injured man to Robinson Memorial Hospital in Ravenna.

Testimony resumes at 8:30 a.m. today.