WILMINGTON — Jury trial dates have been set for an alleged assault suspect and one of two alleged gas station robbers.
Brandon Breezley, 23, and Levi Cutcher, 56, received notice of their future appearances from Clinton County Common Pleas Judge John W. “Tim” Rudduck on Wednesday.
According to court documents, Breezley’s potential two-day jury trial is scheduled for April 29 with a second pre-trial hearing with Judge William McCracken before that on Feb. 20.
Cutcher’s potential three-day jury trial is scheduled to begin May 6, with a final pre-trial docketed for March 23.
Breezley was charged with attempted murder and felonious assault of his father, 55-year-old David, on New Year’s Day.
Clinton County Sheriff’s deputies were dispatched to a Lazenby Road residence in Midland that day where the victim was found lying on the kitchen floor “covered in blood,” according to the arrest affidavit
When Brandon Breezley was placed into custody, he reportedly said, “I just killed my dad, he is dead, I shot him in the head.”
According to the affidavit, the incident started when Brandon and David were arguing, which led to a physical altercation. After a while, Brandon told law enforcement officials he entered his parents’ bedroom and removed a .22-caliber semi-automatic pistol from a safe, officials stated.
When the suspect heard his father walking toward the closed bedroom door so he held the door closed with his left hand, and when his father tried to enter the bedroom “he then placed the muzzle of the pistol to the door and fired a single shot,” the affidavit reads.
Brandon Breezley allegedly said he heard his father yell and fall to the floor.
The affidavit continues: “Mr. (Brandon) Breezley opened the bedroom door, observed his father lying on the floor and when his father rose to a seated position he shot at him again and saw his father immediately fall backwards.”
The affidavit also reports the suspect said he did not give first aid to his father, or seek assistance.
If the defendant were to be found guilty of the attempted murder charge (plus a firearm specification), the maximum prison sentence is 21 years. If he were found guilty of the felonious assault charge (plus a firearm specification), the maximum prison sentence is 18 years.
Along with James Clifton, 61, Cutcher is charged with three counts of felonious assault, four counts of aggravated robbery, and failure to comply in connection with armed robberies that occurred in June and July in Clinton County.
Also during his recent court appearance, Cutcher entered a not guilty plea for additional charges of conspiracy, possession of a deadly weapon, and attempted escape that were filed in November.
Cutcher and Clifton were apprehended after a Clinton County Sheriff’s deputy responded to the Shell station on U.S. 68 near Interstate 71 on July 10. The initial caller reported the two suspects came in, one brandishing a shotgun, and stole money and miscellaneous items.
Deputies had determined they matched the characteristics of a robbery that occurred on June 28 at the Shell station on State Route 73 near Interstate 71.
According to authorities, the suspects led sheriff’s deputies on a chase which later involved the Ohio State Highway Patrol and the Mason Police Department. The vehicle was eventually slowed when stop sticks were deployed the Ohio State Highway Patrol.
The vehicle continued, however (on three tires and a rim) reaching Exit 25 when Cutcher exited the vehicle and attempted to run, police said.
Two troopers and a deputy gave chase and captured him just east of the vehicle. Clifton was taken without incident.
The shotgun allegedly used in the robberies was located in the vehicle, authorities said.
A bench trial for Clifton is scheduled for March 12.
Reach John Hamilton at 937-382-2574