Case to be heard by grand jury

Last updated: April 23. 2014 5:46PM - 1138 Views
Amber Gillenwater agillenwater@civitasmedia.com

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GALLIPOLIS — Following several weeks of investigation, a charge of murder has now been filed in relation to what investigators have previously referred to as a “suspicious death” of a Gallia County man earlier this month.

David Dwayne Brewster, 43, of Patriot, appeared in Gallipolis Municipal Court and was charged with one count of murder in connection with the death of Daniel Lee Day after a complaint, signed by Gallia County Sheriff Joe Browning, was filed with the court Wednesday.

Brewster, who had previously been charged with the theft of Day’s truck, further waived his right to a preliminary hearing Wednesday and both charges of the theft of a motor vehicle and murder were bound over to Gallia County Common Pleas Court for consideration by the grand jury.

An investigation into death of Day, 29, began on the evening of April 8 after the Gallia County 911 Dispatch Center received a call at approximately 9:23 p.m. from a Clay Chapel Road resident who told dispatchers that she believed that her son was dead.

Deputies were dispatched to the the scene and, upon arrival, discovered the body of Day deceased inside the Clay Township home.

Following an investigation, the sheriff’s office reported that Brewster was wanted for questioning, and a warrant was later issued for his arrest in regard to the theft charge.

Two days following the homicide, deputies and agents with the Ohio Bureau of Criminal Identification and Investigation located Brewster at a residence on Ohio 218 in Guyan Township and he was taken into custody for the theft of Day’s 1987 Ford Ranger.

Brewster was subsequently questioned by investigators and has remained incarcerated in the Gallia County Jail under a $200,000, 10 percent bond since his arrest.

According to the complaint filed Wednesday that outlines the charge of murder, through their investigation regarding the death of Day, investigators determined that the deceased had been in contact with the defendant in the days prior to his death.

“The victim’s parents called the victim’s cell phone and the Defendant, David Brewster, answered the phone. This took place the day of the murder, prior to the victim’s body being discovered,” the complaint reads. “Upon further investigation, officials were contacted by an acquaintance who stated that the Defendant, David Brewster, had been in contact with her and had asked her to pick him up, indicating to her that he was a suspect in the death of Daniel Day. The acquaintance picked the Defendant up. When she asked the Defendant what was going on, he made a statement to her that he killed that guy. When her vehicle was stopped, the Defendant was found to be in possession of a firearm belonging to the deceased, Daniel Day. The vehicle belonging to Daniel Day which [the] Defendant was seen driving was located on the property where the acquaintance had picked the Defendant up.”

During Wednesday’s hearing, Brewster was present in court with his court-appointed counsel, Barbara Wallen. Gallia County Assistant Prosecuting Attorney Britt Wiseman was also present representing the state of Ohio.

The defendant waived his right to a preliminary hearing and the court subsequently determined that there is probable cause to believe that the alleged crimes have been committed and that the defendant committed said crimes. This case was then bound over to the common pleas court for further proceedings.

The court set Brewster’s bond at $1 million, 10 percent. He is being held in the Gallia County Jail.

Further information on this case will be released as it is made available.

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