A federal judge dismissed the idea that there could be two men in Akron named Dezay Ely with the nickname of “Scrap” in deciding to move forward with a trial for the Ely in custody.
Ely is accused of shooting a woman in the head three times and leaving her for dead in a Cuyahoga Valley National Park field. The woman was blinded and spent several days in a medically induced coma, but survived and identified her would-be killer as Dezay “Scrap” Ely of Akron.
In a Wednesday hearing to decide whether there was probable cause for charges of attempted murder and discharging a firearm during a violent crime, defense attorney Charles Fleming argued that because the victim is blind, she cannot confirm that the Dezay “Scrap” Ely that she believed shot her is the same Dezay Ely with “Scrap” tattooed on his arm who was arrested for the shooting.
Magistrate Judge Kathleen Burke of the U.S. District Court in Akron didn’t buy that defense, saying she had heard enough compelling evidence for the case to move forward. It is being tried in federal court because the shooting occurred on federal land.
No trial date has been set, but the 27-year-old Ely will remain in custody until its conclusion. The state’s parole agency ordered him held because he was on parole in a case in which he served time for involuntary manslaughter and aggravated robbery. Independently, Burke also ordered him held without bail, saying Ely “poses a danger to the community.”
A second suspect in the case, Raymond Moore III, had his probable cause and detainment hearing delayed until 11:45 a.m. Friday because his previous court-appointed attorney had to be replaced with another due to a personal emergency.
The only evidence presented at the hearing came from investigator and Special Agent Christopher Fassler.
Fassler said the full identity of a third suspect is known but was not asked by the court to provide it. That man, who goes by the nickname “G,” is accused of providing the gun used in the assault.
Bikers find victim
Fassler said his investigation began July 3 when he was called to the crime scene in a field on the west side of Akron-Peninsula Road in Boston Township. Bikers had found the 18-year-old woman — semi-conscious, bloody and lying in a fetal position — and called park rangers at 9:20 a.m.
The Beacon Journal is not identifying the victim for her safety.
She was transported to a local hospital and subsequently placed in a medically induced coma, with no personal belongings to identify her. An examination revealed three bullets embedded in her skull.
A family member eventually identified her and said that while the victim’s 2-year-old child was staying with a grandparent, the victim herself had been “missing” for several days. Another witness said the victim had been staying with brothers known as “Scrap” and “Kilo” in a house off Manchester Road.
Having been given the victim’s cellphone number by family members, law enforcement determined a 10-second call was placed between the woman’s phone and a phone belonging to Michael Ely the night before the shooting. A review of social media accounts revealed Michael Ely, aka “Turffboy Kilo” had a brother Dezay Ely, aka “Scrap,” and that they were both known to the victim.
Previous convictions
Meanwhile, a criminal history check revealed Dezay Ely’s manslaughter and robbery case in 2008, for which he was paroled on Nov. 9, 2015.
Investigators also interviewed two people who were biking in the park when they heard gunshots at about 8:30 a.m. July 3, then saw a blue or maroon vehicle pull away from the field where the victim was found. The witnesses told investigators two black men in their early 20s were inside.
Surveillance videos from businesses farther down the road recorded a car that met the description: A maroon Chevrolet Impala driving on a temporary “donut” spare tire and with temporary tags.
After the victim woke from the coma, she filled in other details with investigators. She said the night before the shooting, Dezay Ely became angry with her and contacted someone called “Ray” to come pick him up. Ray — whom investigators later determined to be Raymond Moore III — did so in a maroon Chevrolet Impala with a spare tire, she told investigators.
Ely told the victim and Moore that he wanted to test a gun that he planned to use in a robbery. It was a small black and gray automatic that could fit into a pocket, she said, and had been purchased from someone named “G.” G used to live in Springhill Apartments and was from Alabama, but had lost his apartment a few months earlier after being arrested for fighting, she told investigators.
Ely gave Moore $5 to pay for the ride, and Moore drove Ely and the woman to the park, she told investigators. Moore stayed in the car, and Ely and the victim got out.
The victim told investigators that Ely shot the gun a couple of times, then told her it was jammed. He then suggested he heard something, causing the victim to look away. After she turned, she was shot three times in the head. She said she saw Ely run away and the car drive off.
She tried to stand a couple of times, but kept falling.
Accepting her fate, she thought to herself, “Forget it. I’m about to die,” she told investigators. She remained on the ground and closed her eyes, and did not recall being found.
Paula Schleis can be reached at 330-996-3741 or pschleis@thebeaconjournal.com. Follow her on Twitter at http://twitter.com/paulaschleis.