Jun. 10—WILKES-BARRE — Surveillance footage from inside Craig’s Food Mart in Hazleton showed Ashokkumar Patel mopping the floor when confronted by a masked gunman who stormed into the business sand shoved him into a closet. Seconds later, he is seen falling to the floor with a gunshot wound to his neck.
Footage also showed the masked gunman go directly to a cabinet behind the cash register counter and stole a money bag that, specially assigned Assistant District Attorney Drew McLaughlin and Assistant District Attorney Gerry Scott allege, contained more than $14,000.
Video footage of Patel’s murder inside the food mart on Dec. 12, 2020, was played to the Luzerne County jury Tuesday by McLaughlin and Scott in their case against Jafet De Jesus Rodriguez, 44, charged with an open count of criminal homicide, robbery and theft.
While the killer was not able to be identified by video footage, McLaughlin and Scott used cellular phone mapping in their effort to convince the jury Rodriguez was the gunman.
Pennsylvania State Police Corporal Christopher Hill, a supervisor for the Northeast Computer Crime Lab Unit, testified Tuesday about how he forensically extracted data from Rodriguez’s Apple 11 iPhone.
The data was then analyzed by Hazleton City Police Detective Brett Green, who used the iPhone’s global positioning to pinpoint its locations before and after Patel was killed.
Green testified about her analysis:
—8:09 p.m. Rodriguez’s iPhone was in the area of Craig’s Food Mart on West Broad Street, Hazleton.
—8:45-8:47 p.m. Traveling on West Broad Street.
—9:03 p.m. In the area of Rodriguez’s residence at 131 E. Cranberry Avenue, Hazleton.
—9:05 p.m. Traveling in the direction of Craig’s Food Mart.
—9:07 p.m. In the area of Craig’s Food Mart.
—9:11 p.m. Traveling on North Church Street, Hazleton.
—9:13 p.m. In the area of Rodriguez’s residence on East Cranberry Avenue.
—9:18 p.m. Traveling north on North Cedar Street.
—9:19 p.m. In the area of 410 E. Diamond Ave., Hazleton.
—9:23 p.m. In the area of Rodriguez’s residence.
McLaughlin and Scott used Green’s testimony to illustrate to the jury that Rodriguez was likely at Craig’s Food Mart when Patel was fatally shot.
On cross-examination by Rodriguez’s co-defense lawyer, Michael O. Palermo Jr., Green said she had no way of knowing if someone else had Rodriguez’s phone the night Patel was killed. Palermo is assisting co-defense attorneys, Michael A. Sklarosky and Joseph F. Sklarosky Jr. in representing Rodriguez.
Hazleton City Police Detective Lieutenant William J. Gallagher testified, giving a second-by-second illustration of video footage showing Patel mopping the floor, and a masked gunman wearing a red sweatshirt and gloves rushing inside the business and shoving Patel into a closet at 9:07 p.m.
A second after being shoved into the closet, the masked gunman emerges and runs behind the counter, directly to a floor cabinet to steal a money bag. Patel falls to the floor with his head in camera view, bleeding from a gunshot wound to his neck.
About 30 seconds after falling, Patel manages to crawl to the cash register, where he calls 911.
McLaughlin and Scott played Patel’s 911 call to the jury, but only he could be heard grunting.
Forensic pathologist Dr. Gary Ross, who conducted the autopsy, testified Monday that the gunshot severed Patel’s tongue, making him unable to speak.
During the early days of the investigation, Gallagher said additional video footage was gathered that showed the masked gunman arriving in a dark-colored Jeep Grand Cherokee at Craig’s Food Mart and quickly leaving within a minute. Using investigative sources only available to law enforcement, it became known Rodriguez owned a dark-colored Jeep Cherokee.
McLaughlin and Scott allege GPS data from Rodriguez’s phone led detectives to an auto-detailing garage at 410 E. Diamond Ave., where Rodriguez worked. Found inside a garbage bag hidden in a stove inside the garage was a red sweatshirt, gloves and a face mask, prosecutors told the jury.
During his opening statement to the jury on Monday, McLaughlin said Patel’s blood was found on the sweatshirt.
Michael Sklarosky told the jury Monday the investigation was “sloppy,” an abundance of evidence was not tested or disregarded, and there was a rush to arrest someone or anyone, noting Rodriguez’s DNA was not found on the sweatshirt, gloves and mask.
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