Originally published Feb. 11, 2010 in The Observer
By JOHN MACKOWIAK
OBSERVER Staff Writer
In a preliminary hearing Wednesday, Village Justice David Prince ruled there is sufficient evidence stacked against Jason P. Wells, 37, for his second-degree murder charge to move to the county for action by the grand jury.
Wells is charged with second-degree murder in the death of Ruth Fisk.
If the grand jury indicts Wells, he will be arraigned on that indictment in front of a Chautauqua County court judge.
“We put in what we felt we need to put in in order to get the case held over for action by the grand jury,” said District Attorney David Foley. “We were successful in what we needed to do today.”
Prince did not set bail because local courts are not permitted to set bail when an individual is charged with second-degree murder or any other A1 felony. Wells will be held in Chautauqua County Jail. According to Foley, the defense has the option of submitting an application for bail to a superior court.
Public Defender William Coughlin and Assistant Public Defender Janice Slaton served as counsel for Wells.
Foley called on three witnesses to relive their observations and experiences from Friday, Feb. 5 the day Wells was arrested.
The testimonies of Village Police Officer John Ferrara, Village Police Sergeant David Price and County Coroner Richard Mackowiak filled in the details of the crime.
Scheduled to work the hours of 7 a.m. to 3 p.m. on Feb. 5, uniformed Officer Ferrara was one of the first responders to arrive on the scene One Temple Square, apartment 301. The time was 12:18 p.m. when he was dispatched.
After being greeted at the Temple Street complex by an apartment manager, Ferrara was escorted to the crime scene, along with another village police officer and an EMT.
The door to apartment 301 was partially open, Ferrara said. Inside, a white male was sitting on a couch with multiple beer cans on the floor around him. Ferrara noticed stains, which appeared to be blood, on his pants.
“Do you see that man in this room?” Foley asked, while Ferrara was on the stand.
“Yes, he is sitting next to Mr. Coughlin,” Ferrara responded, referring to Wells.
Ferrara continued with his description of events.
“I asked, ‘What’s going on here?’” Ferrara said.
Wells proceeded to give a tale of what happened. Wells said he found Fisk’s body in the parking lot and decided to bring the body up to his apartment.
Then, at approximately 12:25 p.m., Ferrara stopped Wells from saying any more, and, believing Wells would be a person of interest, he read Wells his Miranda rights. Ferrara asked him if he understood and if he wanted to continue answering questions.
Ferrara recalled Wells responding, “Yes sir. I’ll answer anything you want.”
Shortly after, Sergeant Price arrived on the scene. The decision was made to take Wells to the police station.
Since Wells was not wearing any shoes, Ferrara took Wells to his bedroom to get a pair. There, Ferrara observed stains on the floor and a stained pair of pants on the bed. The stains were believed to be blood.
Before being taken to the station, Wells told Ferrara where he had found the body. Ferrara examined the site and said there appeared to be no blood stains at the location. Wells also alleged that he carried Fisk’s body from the parking lot to the building in a grocery cart.
Pointing out which cart he had used, Ferrara looked at the cart and saw no blood evidence. Regardless, an apartment manger was asked to lock the cart in a room, anticipating that it would become evidence.
Wells was then taken to the village police station. Ferrara and Sheriff’s Investigator James Hanson questioned Wells.
During the interrogation, Wells tried to give the same story he had started telling Ferrara earlier.
It was Wednesday night, Ferrara recalled Wells saying, when he found Fisk dead. According to Wells’s first statement of events, he attempted to call Lakeshore Hospital to contact the morgue, so they could pick up the body.
“We (Deputy Hanson and I) weren’t comfortable with what he was saying,” Ferrara said. He added, “We called him a liar.”
The questioners asked Wells if he killed Fisk.
Wells relented. He changed his story, confessing to the crime.
“I killed her,” Wells said, according to Ferrara’s testimony.
Wells asked the officers if he could type or write his own statement. Over the course of approximately 30 minutes, Wells typed his statement.
During the hearing, Foley inquired whether Ferrara could recall what Wells had said in his confession statement. However, before Ferrara could tell the court about Wells’s own retelling of the event, the defense requested the statement be instituted as evidence and considered by Justice Prince without Ferrara reviewing it in his testimony.
Later that day, at approximately 6:15 p.m., Sergeant Price and a sheriff’s deputy spoke to Wells, asking follow-up questions, according to Price’s testimony. Price entered Wells’s answers into a computer and printed the statement.
While it was entered as evidence, this statement, too, was not reviewed in court at the request of the defense.
However, Coroner Mackowiak did report the matter and cause of death, which was determined following a Feb. 6 autopsy by the Erie County Medical Examiner.
“(I found) the manner of death to be homicide,” Mackowiak said.
The cause of death was strangulation and blunt and sharp-forced trauma, according to the coroner’s testimony.
Foley still has not yet received the official autopsy report from the medical examiner. Also, he could not confirm whether the observed stains had been blood. The evidence still has not been tested.
“We’re still less than a week into this,” Foley said. “I mean, we at some point, have to sit down, look at what evidence was collected, make a determination as to what will be sent to be tested.
“It’s a tragic and really awful situation,” Foley added. “You’re dealing with an elderly individual. It’s tragic. It’s upsetting to the community, and it’s an unfortunate situation.”