A Trumbull County judge is being asked to throw out the case against one of the suspects charged in a fire that killed a 16-year-old girl from Warren.

The attorney representing 30-year-old Brendan Daviduk filed a motion to dismiss on Friday, claiming there’s been no proof that Daviduk murdered Chassidy Broadstone whose body was found in a burning Warren home on January 19, 2023.

According to court documents, security camera video in the home showed two suspects in the home before and after the home was set ablaze with one taking a television set and another carrying a can of gasoline.

Police had previously identified the suspect carrying the can of gasoline as 24-year-old Zackary Gurd of Youngstown. Gurd has already pleaded guilty in this case and has yet to be sentenced.

The document goes on to state that an affidavit revealed cell phone data for Daviduk and a third suspect, 28-year-old Patricia Zarlingo of Youngstown planted the two in the vicinity of the scene of the crime around the time it happened.

However, the document states that there is no indication that Daviduk had any intentions of commit a murder in the affidavit or in any other court documents.

"Neither the affidavit, the bill of particulars, nor any other piece of charging material demonstrates Daviduk acted with any prior calculation and design, nor that he was the principal offender in the commission of the felony murder for which he is charged," the document reads.

Daviduk's attorneys argue that because of the lack of evidence that Daviduk had the intention to kill anyone, he should not be eligible for the death penalty stating that a evidence "thought-out" plan to kill is crucial in order for the death penalty to be applied in a case.

"This absence is not merely a procedural oversight, but a substantial failure that impacts the defense's ability to formulate a comprehensive strategy and undermines the fairness of the judicial process against Mr. Daviduk," the document reads.

The document goes on to state that the indictment against Daviduk was too vague because it "interposes two inconsistent theories of criminality." Those being that of the principal offender and acting with prior calculation and design, but not as the principal offender.

Daviduk's attorneys argue that this introduces "troubling ambiguity" to the charges against him and violate the 6th Amendment requirements of an accused party receiving unequivocal notice of the specific charges against them.

"This lack of clarity goes against the grain of constitutional mandates, effectively denying Daviduk the opportunity to prepare an adequate defense," the document reads. 

Daviduk is scheduled to go on trial June 17 on charges that include aggravated murder, aggravated arson, aggravated burglary, and tampering with evidence.

Zarlingo is set to go on trial in July on similar charges.

 

Chassidy Broadstone
Chassidy Broadstone