Clinger Trial: Day 5, Sunnie Offers Testimony

BROOKVILLE — The morning session of Day Five of Jason Clinger’s double-homicide trial can be summed up in one word: Sunnie.

For almost three hours, District Attorney Jeffrey Burkett’s first witness, Melvin Bohrer III, also known as “Sunnie,” testified about his relationships with Clinger — also known as “Spike,” the nickname to which he has been referred throughout much of the trail — and Davon Markeys “Banks” Jones, one of the victims in the Nov. 21, 2006, shooting.

The second victim was Dianikqua Arnell Johnson, who, like Jones, was from Brooklyn, N.Y. Clinger is accused of shooting the two Nov. 21, 2006, along a gas well road in Pine Creek Township and faces the death penalty if convicted of first-degree murder.

Referring to himself as openly gay and a “Jewish-American princess,” Borher testified that he and former lover, Gary “Joe” Frye, lived with Eric “Tater” Shaffer — who died of a drug overdose this past June — and became friends with Clinger, whom he described as “a fixture” at their house on South Highland Street, DuBois.

As the four spent more time together, usually watching TV or smoking crack, Borher said that Frye became romantically attracted to Clinger, citing Frye’s behavior as “a typical male, having several liaisons throughout our relationship.”

Clinger lived in an apartment owned by Dr. Richard Grout and received free rent for performing maintenance and handiwork, Borher said. Clinger didn’t live in the South Highland Street house, Borher said, but added that “when he was in the house, he was treated as family.”

Jones lived in one of the apartments, Borher testified, but remained friends with the group after he moved out. He said that Jones was “straight-forward” about selling drugs.

Borher said after Frye had arrived back in DuBois after picking up his four children from West Virginia for Thanksgiving, Clinger borrowed a Chevrolet HHR, which he later learned was to pick up Banks.

When Clinger returned, he told Frye that the HHR had to be hidden.

Borher said in statements to police, he believed that if Clinger said there was a “problem” with the vehicle, it was of a mechanical nature, “because Jason was the one who would tell us when it needed tires, oil.”

He testified, however, that Frye told him of a threatening note, and that there had been previous damage done to the vehicle.
“We weren’t the most popular people in the neighborhood because of our sexuality,” Borher said.

Under cross examination by defense attorney Blair Hindman, who asked Borher if Frye’s story about the HHR was a lie, Borher said, “Yes, which was not abnormal ... It sounds like a Joeism.”

Still under questioning by Burkett, Borher said that Frye and Clinger took the vehicle to Grout’s garage, and Clinger and Borher also took a shopping trip to Shoe Sensation in Sandy Township.

Borher said because Clinger was traveling to Maryland to meet the parents of his girlfriend, Cori Pifer, over Thanksgiving, “I bugged him about looking like a bum.”

Clinger picked out some boots, but Borher said he wasn’t sure if Clinger paid for them, or he gave Clinger the money to pay for them, because “I’m used to being squired around and treated like a princess.”

Borher also testified that upon returning to the South Highland Street house, Shaffer told him the vehicle was “trashed,” and they decided to clean it before Clinger and Pifer’s trip.

When asked if he filled a garbage bag with Clinger, Borher said yes, and that the items included “all kinds of junk,” McDonald’s bags, cups and a number of hair care and beauty products — which Borher said he figured belonged to Pifer, because she was in cosmetology school — and some other women’s items such as clothes and lingerie, which he thought belonged to Gerie Nelson, Clinger’s former girlfriend.

Borher also said he made Clinger change from his old shoes to the shoes purchased at Shoe Station, because “I wanted them to go out with the trash ... because they were disgusting.”

Borher also said he saw a broken, blue cell phone — which he thought was a toy — and that the garbage bag remained on the porch. His nephew, Jeremy May — whom he described as a “runner” for Banks — was told to dispose of the bag.

When asked by Burkett if he saw any bloody clothes in the bag, Borher replied, “If there were bloody clothes, he wouldn’t have been sitting in my house with my children.”

Throughout his testimony Friday, Burkett questioned Borher about two different timelines to explain how long Clinger had the Chevrolet HHR Nov. 21, 2006. He said Borher told police a certain time period three days after the shootings, and another timeframe in court Friday.

Borher also clashed with Burkett about to whom he was paying $300 for a drug debt — Jones, or Jeff Shenkle, who also testified this week — how much money Borher removed from the bank the night of the shopping trip — $600 or $900 — and who kept a receipt from a trip to Wal-Mart.
Finally, Burkett asked Borher, “Did you kill Banks?” Borher replied, “He was my friend. Spike was (also) my friend.”

Defense attorney seized upon Borher’s answer to the question, noting that Borher did not reply that he didn’t kill Jones.

“When he said, ‘Did you kill Banks?’ your response was, ‘Banks was my friend,’” Hindman said. “I would have said, ‘No.’”

Hindman said after Burkett’s questions, it was looking like Borher wanted to help Clinger, but that it would have been in the best interest of himself, Frye and Shaffer if Clinger took the blame.

“No,” Borher replied. “Anyone who knows me knows I hang myself out to dry before a friend or a family member.”

In Thursday’s testimony, Burkett questioned Grout why he called Hindman’s office — and not his office or the state police — about concerns he had following Shaffer’s death, because Borher had broken his hand on Shaffer’s face in an altercation.

Burkett also asked Borher why he hadn’t been in contact with his office since May of this year.

Borher said he had called Burkett’s office to find out who was representing Clinger, adding that a person in Burkett’s office told him that was public information, and that Burkett would meet with him soon.

“So you were on your own?” Hindman asked, and thus, Borher contacted Hindman.

Between the times Borher had testified to about how long Clinger had the HHR, to who paid for items at Shoe Sensation and other inconsistencies, Burkett told Borher that his “story has changed dramatically since you met with the defense,” to which Hindman objected.
Also, Burkett asked Borher why he wanted his attorney — whom he has since fired — when he met with him, but not when he met with Hindman, saying that Hindman “knows most of your answers.”

“That’s a lie, Jeff, and I’m sick of it,” Hindman retorted. “I’m not on trial here.”

The trial continues at 9 a.m. Monday.

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