MIDDLETOWN, Ohio — The families of two Middletown men killed in 2023 will be allowed to continue attending court proceedings in the case against the man accused of killing them, after a judge on Wednesday rejected a request to close the courtroom to the public.
Natrone C. Kakaris, 29, is accused of killing Marvin “Ty” Davis Jr. and Daniel Fitzgerald. He faces one count of aggravated murder and two counts of murder. The aggravated murder charge includes death-penalty specifications, making Kakaris eligible for the death penalty if convicted and sentenced accordingly.
WATCH: A Butler County death penalty case takes an emotional turn as the families of two Middletown men fight to stay in the courtroom
At Wednesday's hearing in Butler County Common Pleas Court, Kakaris' defense attorneys asked Judge Jennifer Muench-McElfresh to close the courtroom during future proceedings, including jury selection, the trial, the mitigation phase and motion hearings.
The defense cited what it described as four threats or harassing incidents involving attorneys Lawrence C. Hawkins III and David Brewer.
One alleged incident involved someone entering Brewer's office and saying, “I'm going to kill you,” according to the defense.
Hawkins also allegedly received a text warning him about what he says in court.
The defense argued the threats could affect the attorneys' ability to represent Kakaris and could create complications for the case, including on appeal.
“At this point it's about trying to limit this so we can go forward, we can do our job and we can go through this process one time,” Hawkins told the court.
The defense also emphasized the stakes of the case and the importance of due process rights because of the potential death sentence.
“There is nothing bigger, there is nothing greater than the threat of taking another person's life by the state of Ohio,” Hawkins told the court.
Prosecutors oppose closing courtroom
Butler County prosecutors opposed the request, arguing the public, the victims' families and the media should be able to attend the proceedings.
Assistant Butler County Prosecutor Mike Hon argued that closing the courtroom would not solve the safety concerns raised by the defense.
“The closure is not going to serve any purpose. The hearing wouldn't be any different if it were opened or closed,” Hon said.
He also argued that closing the courtroom would not guarantee the threats would stop.
The media organizations present in court, including WCPO 9, also objected to the proposed closure.
Judge orders heightened security
Muench-McElfresh ultimately denied the request to close the courtroom, citing Ohio Supreme Court precedent.
“The court takes very seriously the safety of all persons involved,” the judge said.
She ordered heightened security from the Butler County Sheriff's Office and warned that anyone who threatens or disrupts the proceedings could be removed or permanently barred from the courthouse.
“If I find out that anyone in this courtroom has made any threat to any individual involved with these proceedings, you can have the confidence that you will be permanently excluded from these proceedings and this courthouse,” Muench-McElfresh said.
She also said she would not tolerate threats that interfere with anyone's ability to do their job.
Mothers say they need to be in court
For the mothers of Davis and Fitzgerald, being able to remain in the courtroom is about more than simply watching the case.
“My son cannot walk into this courtroom. He cannot tell you who he was,” said Davis' mother, Patricia Snow. “So I am here to tell you because I am his mother.”
Davis and Fitzgerald were shot and killed three years ago on 15th Avenue in Middletown.
Fitzgerald's mother, Karhma Foster, described the losses her family continues to face.
“There will never ever be another Mother's Day gift from my son. There will never ever be another happy birthday,” Foster said.
Snow said the families want to be present for the proceedings without compromising anyone's safety.
“There must be ways for protection without preventing our families from being present,” Snow said. “For me, being in this courtroom is not about revenge. It's not about intimidating anyone. It is about witnessing the process.”
Foster said the families have little choice but to continue showing up.
“These people love Dan. There is nothing else that we can do but to be present,” Foster said.
Kakaris remains accused of the killings. The charges against him are allegations, and he is presumed innocent unless proven guilty in court.
The case will continue in Butler County Common Pleas Court.
