Evidence hearing to be held in 2024 city murder case
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The trial of a Buffalo man who has been charged in a 2024 murder in Jamestown is slowly progressing.
Two years ago, Darius Kadenhead was indicted by a grand jury and arraigned in Chautauqua County Court on a charge of second-degree murder arising from the shooting death of 28-year-old Marlon Clay which occurred on Jan. 22, 2024 at the Parkview Apartments on Fourth Street, Jamestown
Clay, who was a Buffalo resident, was shot in the back of the head, suggesting it was an execution-style homicide.
Kadenhead was on parole when he was identified as a suspect. Jamestown police went to his listed parole residence in Buffalo as part of the investigation.
According to Chautauqua County District Attorney Jason Schmidt, Jamestown detectives went to the apartment building, knocked on the apartment door, but Kadenhead wouldn't come out.
"The police, instead of leaving, acted like they were going to leave but instead just staked out the area, and eventually Darius comes out," Schmidt said during a recent interview. "As soon as he comes out of the apartment in the hallway he was taken into custody. It was Jamestown detectives, with the assistance of Buffalo PD because we were in their jurisdiction in Buffalo."
When Kadenhead was taken into custody, he allegedly had in his possession a handgun, a key fob for the Parkview Apartments, and a cell phone. Those items were taken as evidence.
Because Kadenhead was accused of having a handgun, the Erie County District Attorney's office charged him with possession of a loaded weapon.
That gun charge kept Kadenhead behind bars as Chautauqua County continued with its investigation, before the grand jury indictment was completed.
With the Erie County arrest, Kadenhead's attorneys sought to suppress all the evidence seized, arguing that police needed a warrant to get into the building.
The judge in Erie County ruled in favor of the defense.
"He (judge) felt that there was probable cause to arrest Darius, but nevertheless they were in a building in which he had a right of privacy and therefore the police really needed some type of permission to be in there in order to have taken him into custody,” Schmidt said.
Once that ruling was made, the Erie County District Attorney's Office appealed that decision.
Two weeks ago, the Appellate Division reversed the order made by the Erie County judge.
"They said there was sufficient evidence for there to be probable cause to arrest Darius, so when the police took him into custody, and seized (the evidence) they did have probable cause," Schmidt said.
Schmidt added that the Appellate Division also ruled that the area where Kadenhead was taken into custody was "a common area," so there was "nothing wrong with what they did."
Meanwhile, Schmidt said the defense has stated they intend to go to the Court of Appeals regarding the Appellate Division's ruling.
While that case continues, Schmidt said in Chautauqua County they are moving forward with their own trial.
Schmidt said it appears the gun that was allegedly possessed by Kadenhead is not the same weapon that was used in the Jan. 22, 2024, murder so he had no plans to use that in Chautauqua County's trial. However the key fob that was allegedly found in Kadenhead's possession is a key piece of evidence and Schmidt wants to be able to use that in the murder trial.
According to Schmidt, a suppression hearing will take place in September regarding the key fob, since the ruling by the Erie County judge has no bearing on Chautauqua County's case.
He said the case could be ready by January, however, if the Appellate Division's ruling is appealed, it could delay Kadenhead's trial in Chautauqua County.