John Frost, 58, of Bellevue, is accused of shooting and killing Curtis Gibbs in a hallway outside Frost’s apartment. Bellevue police questioned Frost and charged him the following day.
His attorney, David Klucas, filed the motion in the Sandusky County Common Pleas Court in November to suppress certain evidence from the case.
“Since it’s pending litigation, I’m limited in what I feel comfortable saying. But I can tell you (Frost) is challenging his statement to the police and whether it should be admissible in court,” Sandusky County prosecutor Tim Braun said.
Common pleas Judge John Dewey will decide if the statement should be excluded from the trial. A hearing for the motion to suppress is scheduled for Jan. 23.
“We are kind of waiting on this (motion) until the case can move forward,” Braun said.
In addition to a murder charge, Frost also faces charges of involuntary manslaughter and possessing a weapon under disability. The prosecution believes Frost shouldn’t have been able to own a firearm because of an alleged drug addiction.
Braun previously told the Register that Frost took a medication used to manage opioid addiction, and under Ohio law, people with a drug dependency cannot legally own a firearm. Frost’s attorney couldn’t be immediately reached for comment.
On the night of July 30, Gibbs allegedly went to an apartment complex, where he didn’t live, on Thomas Drive. Bellevue police then received several calls about gunshots in the apartment building.
When officers arrived, they found Gibbs dead on the hallway floor from an apparent gunshot wound. They confiscated two firearms that had been fired — one belonged to Gibbs and the other to Frost.
Frost’s family claimed the shooting was in self-defense after Gibbs attempted to break-in. Gibbs’ family, however, contends he went to find his girlfriend and was shot by Frost before he ever reached the door.