Tevin Biles-Thomas, the older brother of Olympic gymnast Simone Biles, was acquitted in June 2021 of murder and related charges in the Simone Biles brother murder case, which stemmed from a New Year’s Eve 2018 shooting at a Cleveland party that killed three young men. A Cuyahoga County judge dismissed the charges after finding the prosecution’s evidence insufficient to sustain a conviction, following a mistrial the month before.1CNN. Simone Biles’ Brother Acquitted of Murder Charges
The New Year’s Eve Shooting in Cleveland
On December 31, 2018, gunfire broke out at a party in an Airbnb apartment above LoVellee’s Restaurant and Lounge on Denison Avenue in Cleveland. According to police and prosecutors, a group of uninvited men arrived, were asked to leave, and got into an altercation with the invited guests before shots were fired.2NBC News. Simone Biles’ Brother Arrested in Ohio Triple Murder
Three men were killed: Delvante Johnson, 19; Toshaun Banks, 21; and DeVaughn Gibson, 23. A 23-year-old woman was grazed by a bullet, and a 21-year-old man was shot in the head.3ABC News. Simone Biles’ Brother Charged With Murder in Triple Homicide4News 5 Cleveland. 3 People Killed in New Year’s Day Shooting The uninvited men fled, and police had no named suspects the day after the shooting.5Cleveland.com. Three Killed, Two Others Hurt in Shooting at New Year’s Eve Party
How Biles-Thomas Became a Suspect
Biles-Thomas was 24 and serving as an Army specialist at Fort Stewart, Georgia, when he was arrested on August 29, 2019, roughly eight months after the shooting.6New York Post. Simone Biles’ Brother Was on Active Duty in the Army, Busted After Cheek Swab
Detectives showed witnesses still images pulled from security footage outside the restaurant, and one witness identified him from those photos. Others described the shooter as wearing gold-rimmed glasses and Timberland boots. In an interview with a detective, Biles-Thomas confirmed he was the person in the surveillance images. When police later conducted a formal photo lineup, however, witnesses did not select him. DNA recovered from bullet casings at the scene did not match him either.7Cleveland.com. Prosecutors Refute Defense Claims That Investigation Was Improper8Cleveland.com. Jury Selection Set to Begin in Trial of Simone Biles’ Brother
The Charges
A Cuyahoga County grand jury indicted Biles-Thomas on murder, voluntary manslaughter, felonious assault, and perjury, along with a firearm specification alleging he used a gun to commit the crimes.2NBC News. Simone Biles’ Brother Arrested in Ohio Triple Murder He was arraigned in Cuyahoga County Common Pleas Court on September 13, 2019, with no bond set.3ABC News. Simone Biles’ Brother Charged With Murder in Triple Homicide
Defense attorneys Joseph Patituce and Megan Patituce argued from the start that the indictment was obtained “without evidence” and after an improper interrogation.9Cleveland.com. Lawyer Says Simone Biles’ Brother Indicted Without Evidence and After Improper Interrogation
The May 2021 Mistrial
The trial began in May 2021 before Judge Joan Synenberg. The state built its case largely on two witnesses. Jozette Brown, a partygoer grazed by a bullet, gave testimony that ran into problems. Macquise Lewis, testifying under a plea deal on unrelated felony charges, conceded on cross-examination that he had not actually seen Biles-Thomas fire a weapon and was repeating what others had told him.10Cleveland.com. Judge Tosses Key Evidence Ahead of Second Trial for Army Soldier
On the third day of deliberations, all twelve jurors told the judge they had inadvertently read legal briefs prepared by both sides, which contained arguments about whether Biles-Thomas had acted in self-defense. How the confidential documents ended up with the jury was unclear. Judge Synenberg declared a mistrial on May 25, 2021.11The New York Times. Tevin Biles-Thomas Murder Mistrial
Key Evidence Suppressed Before Retrial
Before a second trial began, Judge Synenberg suppressed Jozette Brown’s in-court identification of Biles-Thomas. Brown had testified she never actually saw the shooter’s face and only identified Biles-Thomas after seeing his arrest photo in a news story. The judge also suppressed Biles-Thomas’s grand jury testimony, which had been the basis for the perjury count, finding it was obtained after he had asked for an attorney during a police interrogation. Prosecutors then dropped the perjury charge.10Cleveland.com. Judge Tosses Key Evidence Ahead of Second Trial for Army Soldier
The Acquittal
On June 15, 2021, Judge Synenberg granted a defense motion for acquittal under Ohio’s Rule 29, which lets a judge dismiss charges when the evidence cannot sustain a conviction. She dismissed the murder counts and acquitted Biles-Thomas of voluntary manslaughter and felonious assault.1CNN. Simone Biles’ Brother Acquitted of Murder Charges12NBC News. Brother of Simone Biles Rushed by Victim’s Mother After Murder Acquittal13ESPN. Judge Dismisses Murder Charges Against Brother of Simone Biles
Joseph Patituce said Biles-Thomas had been “vindicated” and that the state had “no evidence” to support the charges.1CNN. Simone Biles’ Brother Acquitted of Murder Charges
A Victim’s Mother Lunges in Court
As Judge Synenberg announced the acquittal, Brandie Johnson, mother of Delvante Johnson, stood up in the gallery and rushed toward Biles-Thomas, knocking over barriers and screaming, “He killed my baby! You know he killed my baby!” Three sheriff’s deputies tackled and restrained her before she reached him. She was handcuffed, escorted out, and released without any charges filed.14Oxygen. Brandie Johnson Lunges at Tevin Biles-Thomas After Acquittal15Fox 8. Woman Charges at Suspect After Acquittal in Triple Murder
Patituce said afterward, “She lost a son and we understand, and we respect the fact that she has suffered horribly, her family has suffered horribly, just like the other families. We don’t fault her for that.” He added that Johnson had been “led to believe Mr. Biles was guilty, when he wasn’t.”15Fox 8. Woman Charges at Suspect After Acquittal in Triple Murder
What Simone Biles Said
Simone Biles and Tevin Biles-Thomas are biological siblings but were raised in separate households in different states after their mother struggled with addiction, and it was unclear how close the two were at the time of his arrest.16People. Simone Biles Was Raised in Different Household Than Brother Charged With Murder17NBC News. Simone Biles and Her Brother’s Arrest
Hours after news of the arrest broke on August 29, 2019, Simone Biles posted on Twitter: “Eating my feelings don’t talk to me.” On September 2, she released a longer statement: “Still having a hard time processing last week’s news. My heart aches for everyone involved, especially for the victims and their families. There is nothing that I can say that will heal anyone’s pain, but I do want to express my sincere condolences to everyone affected by this terrible tragedy. I ask everyone to please respect my family’s privacy as we deal with our pain.”18People. Simone Biles Breaks Silence on Brother’s Murder Arrest