TOLEDO, Ohio — Wednesday marked Day Three in the trial of two Toledo men accused of killing 3-year-old Malachi Barnes.
K'veon Giles and Matthew Smith are charged with murder in the incident that took place on Thanksgiving 2018. According to police, a car pulled up next to Anthony Barnes' vehicle that had three children inside and opened fire.
Questioning through Wednesday afternoon seemed to focus mostly on the two vehicles involved.
The state's key witness, Anthony White, was expected to take the stand. However, court wrapped up Wednesday with no word from White.
White also was charged in the case and already pleaded guilty to charges of complicity to involuntary manslaughter and complicity to felonious assault. He can't be sentenced until he testifies.
Here are the key takeaways from Wednesday's trial:
- Surveillance video taken from the hotel before the shooting on I-75 show's the state's star witness, Andre White. A detective stated Smith could be seen in that footage next to White.
- Detectives identified a white Chevy HHR registered to Matthew Smith's mom.
- There were two items found inside the HHR: a 40-caliber unfired bullet and a 40-caliber casing underneath the passenger seat.
- The CSI expert dusted the HHR for fingerprints and sent them to a database that linked the prints to K'veon Giles.
- The CSI expert admitted they could not tell when the prints were put on the car.
WEDNESDAY'S WITNESSES
TOLEDO POLICE - DETECTIVE
Wednesday's first witness was a detective with Toledo police who specifically investigates assaults, robberies and homicides. He was the assistant investigator assigned to the Malachi Barnes case.
The detective said that Barnes described the involved vehicle as being white and similar to a PT Cruiser.
After watching video surveillance from a gas station on Bancroft, the detective found a white Chevy HHR at a pump that seemed to match Barnes' description.
According to the detective, the car spotted on the hotel's parking lot surveillance camera parking matched the description of the Chevy HHR. Additionally, the detective claimed that the individual seen on the Gas and Go security camera was wearing the same grey sweatshirt and concluded they were the same individual caught on the hotel security camera.
The registration number on the car came back to a Ms. Jones, who was later identified as Matthew Smith's mother.
Smith became a person of interest in the case after Jones told the detective that her son operated the vehicle. However, the detective stated that White had been the one driving the HHR.
The detective identified White in the courtroom and said Smith could be seen next to White on the hotel surveillance camera.
The detective stated in court Wednesday that they didn't believe the third person seen in the hotel's surveillance video was traveling with the other two.
TOLEDO POLICE - CSI INVESTIGATOR
TPD CSI investigator Kristi Eycke also took the stand on Wednesday. She's the detective who examined Malachi's father, Anthony Barnes’, Ford 500.
On the night of the shooting, Eycke said I-75 southbound was shut down to investigate the crime scene and look for cartridge casings. Detectives were able to collect a few empty 9 mm shell casings from the shooting scene. However, according to Eycke, she has never been successful in getting a fingerprint off of a shell casing.
The casings were found on the left side of the highway, consistent with the shooting happening in one area. Additionally, a piece of bullet jacketing went into the highway and was found on the right side of the road. According to Eycke, jacketing happens when the bullet pierces something; in this case that would be Barnes' vehicle.
Eycke revealed that in addition to the previously mentioned vehicles, TPD also processed a Saturn for DNA and fingerprints in early December.
The CSI investigator also handed over an evidence bag containing the coat and t-shirt that Malachi was wearing on the night of the shooting.
TOLEDO POLICE - RETIRED CSI DETECTIVE
Retired TPD detective with the CSI unit, Scott Smith followed Eycke on the stand.
Smith is an expert in finger analysis and processed both Barnes' Ford 500 and the Chevy HHR.
He said Barnes' vehicle was struck by bullets at least 8 times. Detectives collected bullet jackets on the floor of the 500 and from the left rear door.
Malachi was reportedly seated behind his father, and according to Smith, the bullet entered through the door and exited through the seat before it hit the toddler.
Smith also determined that the gun was fired from the interior of the HHR, as there was a bulge on the outside of the car. He found several prints inside and the database identified K'veon Giles.
However, Smith admitted that he could not tell when the fingerprints were put on the car.
"I don't find fingerprints on vehicles all of the time. I find fingerprints on vehicles some of the time," he said.
Two items were found on the floor of the HHR: a Winchester 40-caliber unfired bullet and a 40-caliber casing.
NEUROSURGEON
A neurosurgeon who took trauma calls at St. Vincent Hospital in 2018, and is specialized in pediatrics, testified on Wednesday.
The surgeon said that 3-year-old Malachi was already in a coma when the doctor arrived.
Court is expected to resume at 8:30 a.m. on Thursday.
This story will be continually updated as the trial continues Wednesday. Check back with WTOL for the latest updates.