BROOKVILLE – A DuBois man had charges of homicide, robbery and kidnapping held to court after a four-plus hour long hearing on Friday.
Jason “Spike” Clinger is accused of the murders of New York residents Davon Jones and Dianikqua Johnson in what appears to be a drug-related case.
The first to testify was a 27-year-old Troutville woman who was essentially Clinger’s mistress; the woman testified that she was aware that Clinger had a girlfriend. She went on to testify that they two of them became close at about the same time she Jones and Johnson, or “Banks” and “Misty,” as she called them.
She said that she introduced Clinger to Jones and Johnson. She also went on to state that when she heard that two African-American’s were found dead in Pine Creek Township, she began to get a sick feeling in her stomach. She called to police to find out if the bodies were those of a man and woman or two men. When a state trooper confirmed that it was indeed a man and woman, she went to talk to police.
She identified the man as Banks, or Jones.
“I felt deep down that Spike did it,” said the woman.
She said she felt this way because, in what she called casual conversation, she and Clinger discussed killing out-of-town drug dealers that were making money she and Clinger felt they should be making selling drugs.
“You didn’t think he was serious at the time,” Jefferson County District Attorney Jeff Burkett asked the woman.
“Why would I,” she replied.
She also stated that Jones’ name would come up in those conversations as a “for instance.”
“The majority of the people who come from out of town to sell drugs are black,” added the woman.
The woman also said that around the time all of this occurred in November, Clinger was supposed to go to Maryland to pick up the girlfriend’s relatives. This was never confirmed during the preliminary hearing, however.
The woman also testified that Clinger was trying to sell a .22 to Jones.
Under cross-examination defense attorney Blair Hindman questioned the woman about other people who had drug dealings with Jones and Johnson, who may have owed them money, and more. Hindman also questioned whether or not the woman was offered immunity or informed of her Fifth Amendment right, both of which she replied no.
An interesting point throughout the hearing was a lack of notice of Miranda warnings … police warning given to criminal suspects.
Another man testified that Jones and Johnson stayed with him on occasion. He said that the last time he saw them was on Nov. 21 around 3:30 or 4 p.m. He said that they left with Clinger in a burnt-orange colored vehicle.
A husband and wife who were out Moore Road, where the bodies were found, testified to seeing a burnt-orange vehicle similar to the one the other man described. Both said they saw two people in the vehicle, with the wife stating she saw a darker person in the passenger seat. The husband said he saw the vehicle pull off near the intersection of Moore Road and an old strip mine road.
This was the general area where the bodies of Jones and Johnson were found. The husband said that while he lost site of them while cresting a hill, the car was soon back on the road behind them about a minute or so later.
State Trooper Carol Ponce, the lead investigator of the case, determined that Jones and Johnson were shot at the Moore Road area where they were found, as opposed to being killed earlier and left their later.
Ponce came to this conclusion because a blood pool beneath Jones. She said that gouges in the dirt led her to believe that Johnson was running when she was shot. Ponce also said that she did not learn the identities of Jones and Johnson until after she heard from the Federal Bureau of Investigation. Ponce said that the autopsy reports had gunshot wounds as the causes of death for both Jones and Johnson. Jones was shot three times, while Johnson was shot twice.
Ponce said that while questioning an acquaintance of Clinger’s, the acquaintance related that Clinger came to him a week or so before the bodies were found and asked him if he wanted to help him kill some people and take their drugs and money.
Under cross Ponce related that no physical evidence, other than the bodies, was available at the crime scene.
Trooper Robert Ball was on-hand during the search of Clinger’s apartment, a .22 revolver was found in a top dresser drawer. He said that a sock was tied off, and within the sock were spent cartridges. Cell phones were also found, were linked to Jones and Johnson, according to another state trooper.
Hindman argued that the commonwealth did not meet their prima facea, or on the face, burden of the preliminary hearing on any of the charges, and asked that charges be dismissed. Burkett argued that the evidence, photographs, and testimony covered their burden. Magisterial District Judge Richard Beck agreed that the commonwealth had met its burden, and bound all charges to the Court of Common Pleas.
After the case, Hindman said that Clinger maintains he had nothing to do with the homicides. He called into question some of the commonwealth’s witnesses and pointed out aspects of the case he believed the prosecution was unaware of.
“We believe he was the easiest person to tag for this,” said Hindman, who added that it’s possible his client may have been framed. “We believe there are a lot of other possibilities here.”
Burkett said afterward that he was pleased with the day’s preceedings. He added that a lot can happen between now and when the case goes to trial.
“There is a lot to consider in this case,” said Burkett.
Burkett said he has until formal arraignment before he must make a decision on pursuing the death penalty for Clinger.
Formal arraignment is scheduled for May 2.
Clinger is being held in Jefferson County Jail without bail.
To read a story relating to the drug culture in the DuBois area, click here.
