Two men accused in the shooting of a Scranton police officer early last year will stand trial together in October and in Lackawanna County.
Jeremiah Cleveland, 20, of Scranton, sought a trial separate from the other suspect, Aiden Deininger, 22, of Old Forge, who is accused of firing the shots that struck Detective Kyle Gilmartin in the head in the early morning of Jan. 11, 2024.
Another officer fired back and wounded Deininger, but he survived.
Deininger is charged with shooting and wounding Gilmartin, shooting at two other officers and firing into an occupied home.
Cleveland is charged with shooting into an occupied home and counts related to Gilmartin’s shooting, but not shooting the officer.
Attorney Terrence McDonald, Cleveland's lawyer, argued his client should have a separate trial because he was 20 miles away and unaware the shooting occurred.
Judge Michael Barrasse disagreed in his July 2 ruling and ordered both tried together.
“Although (Cleveland’s) ignorance of the shooting incident on North Decker Court is accurate, (Cleveland) was aware (that) Deininger was in that area of Scranton and was aware of the purpose of Deininger’s presence in that area,” the judge wrote.
Attorney Robert Sauerman, Deininger’s lawyer, had asked Barrasse to bar prosecutors from using a police interview conducted when his client was “under the influence of mind-altering medication while recovering” from his wound.
That prevented him from voluntarily waiving his constitutional right to remain silent, Sauerman contended.
Barrasse rejected that argument, too. He cited the testimony of a state trooper. At a court hearing, Cpl. Daniel Nilon, who recorded the interview, testified he read Deininger his Miranda rights. Nilon’s testimony showed Deininger “did not appear confused, was cognizant of his surroundings, made eye contact and spoke normally” and the recording confirmed that, Barrasse wrote.
Both men sought to move the trial to another county because, their lawyers argued, pre-trial publicity would make it impossible to have a fair trial in Lackawanna County.
Barrasse said neither man submitted enough evidence to prove pre-trial publicity was “presumptively prejudicial” and “extensive, sustained and pervasive” enough to have “saturated the community” and prevent a fair trial.
In a text, District Attorney Brian Gallagher said the trial is on the court’s October trial list.
