CLEVELAND — The trial for the driver accused of killing Cleveland firefighter Johnny Tetrick wrapped up Tuesday, eight months after the defendant drove through a rollover crash scene on I-90 that Tetrick was responding to.
Defense attorneys conceded their client, Leander Bissell, was the driver who moved through the scene, hit firefighter Tetrick and then kept driving. But they argued no one stopped Bissell from driving in lane two and that he was allowed to be there.
The lead investigator on the crash that killed Tetrick testified that Bissell was driving approximately 49 miles an hour at the moment of impact. Tetrick was leaning over to pick up debris from the initial crash when Bissell slammed into him, throwing him 102 feet across the road, according to Sgt. Timothy O’Haire with the Bratenahl Police Department.
“At what point was it shown that no one could proceed through the scene?” the defense said in its closing argument.
Defense attorneys argued Bissell was driving negligently, not recklessly and did not intend to harm anyone and could not have known Tetrick would be in the road.
“We argue that Mr. Bissell did not perceive he was driving too fast in that zone and he did not know that someone was going to be walking out into the road from the right hand side,” the defense concluded.
“This was a hectic and dangerous accident scene. It was dangerous for first responders. It was dangerous for anyone would have been on their feet at the time.”
Carl Mazzone, assistant Cuyahoga County prosecuting attorney, was not impressed with the defense’s closing argument.
“For as much esteem as I have for my colleagues, the closing argument you just heard would be laughable if its wasn’t so insulting to firefighter Tetrick, the Cleveland fire department, his family and your intelligence,” he said.
Mazzone pulled up video during his closing argument showing the Chevy Malibu Bissell was driving move around traffic and parked police vehicles to get through the scene.
“Every one of these people did what they were supposed to do, except for one person—Leander Bissell. He said, ‘I don’t care. I don’t care. The hell with it. I’m going to go around this police car and I’m going to drive past all these other people,’” Mazzone said.
Mazzone argued Bissell should have reasonably foreseen that first responders might be in the road based on the presence of police and other first responders.
“That is knowingly and that is felonious assault. And, your honor, when you find him guilty of felonious assault, you must find him guilty of murder,” he concluded.
There is no jury in the trial for Bissell. Judge Timothy McCormick said he would review the arguments and evidence and deliver his verdict Thursday morning.
You can watch Tuesday's proceedings in the players below:
Day 1 recap
During day one of the trial for 40-year-old Leander Bissell, prosecutors took the judge, family members and first responders in the courtroom back to those awful moments that played out on Nov. 19, 2022.
“Firefighter Tetrick was hit with such force that it almost completely destroyed the front right end of the Chevy Malibu,” said Carl Mazzone, assistant Cuyahoga County prosecuting attorney.
On that night, Tetrick and his crew were responding to a rollover crash on I-90. Fellow firefighters testified they believed the scene was safe and secure because of the amount of police present.
“Because when we walked across, the highway was shut down. There were no cars coming,” said firefighter Trujillo who was following Tetrick that night as the newest member of the fire station.
He said he and Tetrick had just crossed the highway to check on the crash victim. Then as they headed back into I-90 a white Chevy Malibu slammed into Tetrick and then kept on going.
“By the time I realized what was happening I couldn’t articulate to firefighter Tetrick that he was in danger,” said Lt. Jeffrey Volmer, a 30-year veteran at the department who spent many of those years working alongside Tetrick.
“I saw a white blur. I heard a crunch,” said firefighter Bryan Burvis. “I saw firefighter Trujillo at the body of the Johnny Tetrick saying, ‘Burvis, I need you.’”
Firefighters and medics rushed him to the hospital, where doctors pronounced him dead.
At the root arguments in court, was the scene police had setup for the inital rollover crash, prior to Tetrick getting hit.
Mazzone told the judge that the video shows every driver "got the picture of what was going on, except for one person."
Bissell is accused of hitting Tetrick and then leaving the scene.
"It’s the felonious assault that’s the real question here. Whether the defendant knowingly caused serious physical harm," Mazzone said.
"When he went around three different police cars, never braked and hit firefighter Tetrick. And when your honor finds there’s enough evidence for felonious assault you must convict of the murder."
Bissell's defense attorney started his opening statement saying, "We do not deny the gravity of the loss of the brave firefighter Johnny Tetrick, to his family and the community and the brotherhood of the fire department."
"However it is our firm belief that the evidence will show that the prosecution’s portrayal of this accident to the family and the community and what will be presented to this court is distorted and inaccurate."
The defense didn't attempt to defend the charge that Bissell left the scene, but they said that does not make him guilty of the other charges.
"It was a horrible decision. Just a horrible decision. And does not compute culpability on Mr. Bissell for the remainder counts and certainly does not make him a murderer," they said.
Rather, the defense argued the initial scene of the rollover crash made it chaotic, confusing and unsafe for drivers like Bissell.
"It was those unsafe conditions and the negligent driving of Leander Bissell that lead to this accident and the tragic loss of Mr. Tetrick."
You can watch the entirety of Monday's proceedings in the players below:
Bissell faces the following charges:
- One count of murder
- Two counts of felonious assault
- One count of involuntary manslaughter
- One count of aggravated vehicular homicide
- One count of failure to stop after accident
- One count of failure to comply
A public defender entered a not guilty plea on Bissell's behalf last December.
“For over 20 years, Cleveland Firefighter Tetrick served the citizens of Cleveland. Firefighter Tetrick’s death is a heartbreaking tragedy that could have been avoided if Leander Bissell made better choices that day,” Cuyahoga County Prosecutor Michael C. O’Malley said in a statement after the charges were announced. “My thoughts remain with Firefighter Tetrick’s family, friends, and fellow firefighters during this truly devastating time.”
Tetrick's funeral services included a ceremony at Rocket Mortgage FieldHouse. Tetrick is survived by his wife and three children.
3News' Ryan Haidet contributed to this story.