White is being tried as an adult after the case was bound over to Common Pleas Court by Juvenile Court Judge Kathleen Romans.
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White’s attorney, Timothy Upton, last week requested that Judge Noah Powers II permit White to attend the funeral of Gary Clark today in Cincinnati. In March, Clark’s skeletal remains were discovered in Delhi Twp. Clark, White’s father, had been missing since May 2017.
Powers granted permission, ordering Butler County deputes to transport White to a Cincinnati church for one hour of attendance.
The remains of Clark, 35, were found in the 300 block of Rosemont Avenue on March 20. Delhi police are handling the death investigation.
White’s trial is scheduled to being May 13.
In January, following a hearing in which a tape of Middletown detectives questioning the teen was played, Powers ruled White’s confession will be permitted as evidence at trial.
Upton filed a motion to suppress the statement, arguing White’s rights were violated. In the motion, Upton said White was 16 at the time of the interrogation by police and was not accompanied by an attorney, parent or guardian.
He said the detective quickly read White his rights, then flipped over the card and showed him where to sign.
Assistant Prosecutor Brad Burress said in a written response that White was read his Miranda Warning just seven minutes into the 60-minute interview with Detective Kristi Hughes and Detective Steve Winters after they asked basic questions including date of birth, phone number and family history.
The prosecution said White voluntarily made statements and was not coerced by the detectives in any way.
A portion of the interview with White in May, a day after the fatal shooting, was played for Powers.
At first, White said he had been in Douglass Park with friends on May 29 but went home about 8 p.m. to sleep. He says he talked with his girlfriend and tries to show Hughes messages and a call history on his phone.
During testimony at the hearing, Winters said White was not being truthful based on the investigation, and he was trying to get him to admit what he had done.
Eventually, White says he was with others when he saw Davis on a bike and saw him make a movement at his side.
“I was scared for my life, (I thought) he had a gun,” White said. “I shot in the air and closed my eyes and shot.”
Winters pointed out that Davis was shot four times, including once in the back, and Davis did not have a gun.
Burress said while Winters did make “some false references,” White’s free will was not overborne.
Powers agreed with the prosecution, saying that “police can be dishonest and outright lie,” in interviews, but boundaries must not be crossed. The judge said White handled himself with more maturity than his years during the interview and did not appear to be in any distress, nor did he ask for an attorney or parents.
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