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Lakewood Man Charged in Slaying

U.S. Attorney’s Office January 12, 2010
  • Northern District of Ohio (216) 622-3600

Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, today announced that a federal grand jury, sitting in Cleveland, Ohio, has returned a three-count indictment charging a Lakewood man with slaying two Cleveland area men with a gun in Detroit, Michigan and attempting to destroy evidence afterwards.

Dwayne A. Davis, Jr., age 23, was charged with one count of traveling in interstate commerce, on October 6, 2008, from Cleveland, Ohio to Detroit, Michigan with intent to commit a crime of violence to further a business involving narcotics. The Grand Jury also charged, in Count 2, that Davis carried a firearm during and in relation to the travel count alleged in count 1 and that he did unlawfully assault Rob Susko and David Miller, discharging the firearm and murdering both Susko and Smith.

Finally, the Grand Jury charged, in the third count, that Davis attempted to destroy evidence from Miller’s car before it could be subjected to testing by authorities. According to the indictment, DAVIS stole Miller’s Chevy HHR and drove it back to Ohio where he parked it next to a park on Cleveland’s West Side before getting fuel to burn the interior of the automobile.

The actual sentence in this case will be determined by the Court after consideration of the Federal Sentencing Guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The case was presented to the Grand Jury by Assistant United States Attorneys Gary D. Arbeznik and Carol M. Skutnik following an investigation by the Cleveland office of the Federal Bureau of Investigation and the Detroit, Michigan, Cleveland, Lakewood and Westlake Police Departments. United States Attorney Dettelbach complimented the cooperative efforts of the investigating agencies, noting that the case reflected a close working relationship among both federal agents and local authorities from two states.

An indictment is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

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