Hearing in Manslaughter Case Against Teen Provides Testimony From NYSP

by Mikayla Kemp | March 30, 2016 8:12 pm

OSWEGO, NY – A Huntley Hearing brought three NYS Troopers and a NYSP Investigator to the stand in the case against Markee L. Cathcart, 19, indicted on charges of manslaughter in the second degree and assault in the second degree, both felonies to which Cathcart plead not guilty[1].

All witnesses were called by the People, represented by Assistant District Attorney Matthew Bell, and were cross examined by the defense counsel, Joseph Rodak.

NYS Trooper, Robert Heath was the first responding officer in the early morning hours of October 24, 2015, in response to a dispatch of a possible stabbing at the residence of 99 Kellogg Road in Hannibal.

Cathcart has been confined in Oswego County Jail since the incident occurred in which a 23-year-old victim, Sean D. Leonard, lost his life due to a single stab wound, allegedly from Cathcart.

Heath testified during a Huntley Hearing that to the best of his recollection, the defendant, Cathcart, approached the patrol car before it came to stop and muttered such phrases as “I’m Markee, I didn’t do anything” and “I didn’t mean to,” in response to the trooper questioning the individual’s identity and if he had stabbed the victim.

Heath said he then told Cathcart to get on the ground and advised his fellow responding officer to detain him.

Once detained, both troopers went to the scene where the victim, Leonard, lay motionless on his back in the driveway, as Heath recalls.

NYS Trooper Patrick Ahern testifies that he arrived on scene after the defendant was already detained in the back of Trooper Heath’s patrol car.

Ahern recalled getting a brief overview of the situation from Troopers Heath and then going to thoroughly search Cathcart for the weapon used in the stabbing and to ensure he did not possess anything else on his person.

During the course of the search, Ahern testifies that Cathcart asked if what he had done was okay under self defense. When Ahern told Cathcart he didn’t know what he was talking about, he recalled Cathcart responding, “What I did to Sean when I stabbed him.”

Nothing turned up in the search of the defendant.

Both Trooper Heath and Trooper Ahern did not read Cathcart his Miranda rights with no intent to question him, both also testified that at no point in any conversation did Cathcart request an attorney or his right to remain silent, and neither were responsible for nor aware of how Cathcart was transported to the State Police barracks in Fulton.

Trooper Ahern did acknowledge that Cathcart was bloodied on his face and hands and appeared to have been in a fight, with blood under his nose but not actively running.

However, NYS Trooper Nicholas Boyd who assisted Ahern in the search of Cathcart did read the defendant his Miranda rights shortly before 3 a.m., he recalled.

He continued to recall conversation with Cathcart in which he testified that Cathcart asked if there was self defense law in New York State and if he would be able to read the statements made that night.

Boyd said Cathcart was then transported to State Police barracks in Fulton by himself and State Police Investigator, Timothy Browngardt and the defendant was placed in an interview room with the same two officers.

Boyd’s recollection of the interview involved asking Cathcart how long he had known Leonard and if they had issues in the past, to which Cathcart responded 4-6 years with no issues in that time.

Boyd testified that Cathcart continued to tell him where he got the knife and for what reason, he addressed the blood clotting in his nose and signed a consent form for his clothes to be taken and tested before he chose to request an attorney.

State Police Investigator, Timothy Browngardt took the stand and revealed his recollection of the interview as well.

Browngardt recalled Cathcart’s version of the night’s events as he told them, beginning with being picked up from Wal-Mart by some friends and going to a party on Russell Road. When that party ended, Cathcart rode with his friends and Leonard in the same vehicle to the party on Kellogg Road in Hannibal.

Browngardt said Cathcart admitted to drinking six or seven beers that night.

He continued to testify that Cathcart told him there was an altercation between himself and Leonard in which Cathcart was punched in the face, to which he responded by pulling out a black folding knife and unfolding it. After being punched in the nose again, Browngardt recalls Cathcart’s story as saying he took a few steps back and raised the knife to chest level advising Leonard to step back when Leonard then attempted to “superman punch” him, at which time Cathcart told Browngardt he heard a sigh from Leonard before he took a few steps back and fell to the ground.

Browngardt said he had to clarify what a superman punch was and explained that it is a jump and punch at the same time.

Browngardt testified that Cathcart then claimed that a party-goer lifted Leonard’s shirt and saw blood, at which time Cathcart began yelling for someone to call 911.

Three different pieces of evidence including a Miranda rights card, a police report and a video recording from the interview at the barracks in Fulton were received as evidence despite a brief objection from defense.

Oswego County Court Judge Donald Todd is expected to make a decision by April 18, at which time pre-trial will be scheduled as requested by the defense team.

Source URL: https://oswegocountytoday.com/news/fulton/hearing-in-manslaughter-case-against-teen-provides-testimony-from-nysp/

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