A Lucas County judge sentenced to probation a Toledo man acquitted of murder by a jury last month but convicted of illegal gun possession.
Judge Lori Olender previously denied a defense motion seeking to have the charge of having weapons while under disability dismissed because police did not prove the gun Treshaun Whitlock, 26, confessed to carrying during a May 5 party at a home in the 2100 block of Elm Street was operable.
While granting defense lawyer Jeffrey Crowther’s request in Lucas County Common Pleas Court for a nonprison sentence, Judge Olender urged Whitlock to avoid associating with friends who use drugs and carry firearms.
“I can’t keep you in a controlled environment for the rest of your life,” the judge told Whitlock before advising him that he faces 30 months in prison if he violates the conditions of his three-year probation, which include no use of alcohol or other drugs, including marijuana.
“You have a mental-health diagnosis. You cannot be smoking marijuana,” Judge Olender said. “I’m fearful about the safety of others when you don’t make good decisions.”
Whitlock was charged with murder for the death of Najaye Owens, 19, who was shot twice — in the head and chest — after Owens who was waving a gun, ran into a garage occupied by Whitlock and a woman seated at a table who was facing away from the two men when shots rang out.
Prosecutors theorized that Whitlock shot Mr. Owens after disarming him. But witness testimony cast doubt on the likelihood that could have happened quickly enough to fit the shooting’s timeline. And while a jailhouse witness said Whitlock confessed to him, even that supposed confession was to an accidental shooting, not a deliberate one.
The defense theorized that Mr. Owens accidentally shot himself in the head, then dropped the gun, which fired a second shot that hit him in the chest when it struck the concrete floor.
Whitlock fled the scene, but later turned himself in to police.
The interrogation video shown during the trial included Whitlock telling detectives he had been carrying his own gun, but took it apart after the shooting and scattered the pieces in a nearby alley. Because of a prior felony conviction, Whitlock was legally forbidden to possess a gun.
Judge Olender ruled that confession was sufficient to sustain his jury conviction for having weapons while under disability. Once the judge gave Whitlock only probation, defense attorney Mr. Crowther opted not to request appointment of appellate counsel, although Whitlock could still appeal if he does so by April 19.
The judge also found Whitlock in violation of his previous probation for the gun conviction. She ordered him to be on electronic monitoring for 30 days, after which that previous probation would be unsuccessfully terminated.
The new probation term allows absolutely no guns, drugs, or alcohol, Judge Olender said: “Whether it’s legal or not, it’s illegal for my probation.
“I’m pretty much giving you a clean slate,” she told Whitlock. “You need to stay away from people who are going to have you around guns.”
First Published March 20, 2025, 8:37 p.m.
