Columbus man denied bond in I-76 road rage shooting incident in Norton

• 'Defendant had a constitutional right' to appear in court, says public defender
• Video and cell phone evidence ties Columbus man to shooting, Norton detective says
• "Right decision' on bond, says assistant prosecutor

The Columbus man charged with murder in a road rage shooting last month on Interstate 76 in Norton was denied bond Tuesday during a video appearance in Barberton Municipal Court.

In his ruling, Judge Todd McKenney said he was swayed by the testimony of Norton Police Department Detective Ryan Connell and Dacarrei Tovon Kinard's conviction on prior felonies.

A public defender for the 30-year-old Kinard argued in the bond hearing that his client should be able to appear in the courtroom instead of via video link from the Summit County Jail.

Arrest made in road rage shooting:Dacarrei Tovon Kinard, suspect in Norton fatal road rage shooting, arrested in Columbus

"We believe that the defendant had a constitutional right to be present in the courtroom for these proceedings," said Scott Rilley, managing attorney with Summit Legal Defenders.

Norton detective details course of investigation

Connell said Norton police and other law enforcement agencies had used video and cellphone evidence to link Kinard to the I-76 incident.

Akron resident George Jensen was shot twice and crashed his vehicle after swerving back and forth on the highway on May 17. He was driving home from his job at ECS Tuning in Wadsworth at the time.

What began as an investigation into a single-vehicle crash quickly became a shooting investigation after officers spoke to witnesses, Connell said.

"When we spoke to witnesses, they described a road rage incident," Connell said. "...(They) heard and observed shots being fired from this Camaro."

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Video from different sources showed the path of the black Camaro, which exited I-76 at Barber Road, driving past several surveillance cameras.

"One of the cameras was able to capture license plate (information)," he said.

With that evidence, police were able to gather information from registration, drivers license and cellphone records, the detective told the court.

"We were able to show the (cellphone) device ... was in fact with the Camaro on I-76," Connell said.

Shell casings in Norton, Columbus incidents match each other

Connell said law enforcement authorities spoke with Kinard before the arrest. Eight shell casings found along the incident path were able to link Kinard to a similar, non-fatal incident, the detective said.

"The shell casings here in Norton matches those in an investigation in Columbus," he said.

What happened after shooting?:Suspect in Norton road rage shooting drove back past I-76 scene after incident

Witnesses told officers the incident spiraled after a common high-traffic encounter between the victim's vehicle and the black Camaro.

"They stated that the smaller blue car had cut off the black Camaro," he said.

Connell said Kinard was cooperative with Columbus police when he was arrested.

Defense says evidence doesn't merit holding Kinard without bond

Rilley argued that the evidence presented and Kinard's lack of violence in the court record called for bond to be set for his client.

"Here we have circumstantial evidence at best," he said.

Assistant prosecutor Michelle Banbury argued otherwise.

"Are we going to risk allowing him out at the risk of the death of another person?" she said.

Kinard did not testify during the hearing before the judge's ruling.

"You will continue to be held without bond in Summit County Jail," McKenney said.

The case will now move to Summit County Common Pleas Court, with a grand jury hearing evidence.

In post-hearing comments, Banbury said she was satisfied with McKenney's ruling.

"I just believe the court made the right decision based on the circumstances of this case," the assistant prosecutor said.

Leave a message for Alan Ashworth at 330-996-3859 or email him ataashworth@gannett.com. Follow him on Twitter at @newsalanbeaconj.