STATE OF INDIANA ) IN THE ST.

JOSEPH SUPERIOR COURT

) SS:
ST. JOSEPH COUNTY )

CAUSE NO. 71D0

STATE OF INDIANA )
)
VS. ) SUPPLEMENTAL AFFIDAVIT IN

CYJARRON ESHAR ODYNSKI ) SUPPORT OF PROBABLE CAUSE

DOB: 06/21/2006 )

Nicholas Pogotis, upon information and belief, affirms under the penalty of perjury that:
I am sworn law enforcement officer with the South Bend Police Department and have
been since August 2010. I am currently assigned as an investigator with the Violent Crimes Unit.
I make this affidavit after reviewing verified police reports, speaking with other investigating
officers and conducting my own investigation.
On July 30, 2024, at approximately 10:35 pm, officers with the South Bend Police
Department were notified of a ShotSpotter activation in the area of the 3600 block of Sample St.
Officers arrived to investigate and found the body of Isaiah Walton-Davis in an alley. Walton-
Davis appeared to have suffered from a gunshot wound. When medics rolled him over, they
found a firearm underneath him.
Investigators with the Violent Crimes Unit were called to investigate. A casing and a
projectile were collected from the scene along with the firearm discovered and a cell phone. The
firearm was found to be fake.
On July 31, 2024, South Bend Police Crime Scene technician, Ron Kazas, attended the
autopsy of Mr. Walton-Davis. He was informed that Mr. Walton-Davis had suffered from two
gunshot wounds that lead to his death. A projectile was recovered from Mr. Walton-Davis’s
body.
After identifying Mr. Walton-Davis, officers were able to get into the phone that was
found on his body, which led to a potential witness. Witness 1 stated that she had been at her
home on Dunham and Mr. Walton-Davis and CYJARRION ODYNSKI were at her residence
with Juvenile 1, Juvenile 2 and Juvenile 3 (at this time, only known by a nickname). Mr. Walton-
Davis, ODYNSKI and the juveniles, along with another male, left her residence. They came back
to her home, and they were walking around. She separated from the males and continued to walk
around on her own. A short time later, she heard two gunshots. She later heard from ODYNSKI
who told her that there had been a shootout with “POG” (POG is known to me as a local gang).
Officers were able to determine an address for Juveniles 1 and 2. In attempting to locate a
potential address for ODYNSKI, investigators were advised by a Juvenile Justice Center (JJC)
employee that ODYNSKI had been monitored through the JJC, and they had recently filed an
escape report. I reviewed the escape report and learned that ODYNSKI had been ordered to
detention and was under the supervision of the Bridge Link program with the JJC. On July 26,
2024, ODYNSKI was 20 days into a 120-day sentence. On that day, he was permitted to attend a
South Bend Cubs baseball game under the supervision of a probation officer. During the game,
ODYNSKI left the stadium. He had used another person’s cellphone to contact his girlfriend to
pick him up. It was reported that ODYNSKI’s girlfriend resided at an address on Edison Ave. in
South Bend. Officers followed up but were unable to locate ODYNSKI the night of the escape.
Based on this report and conversations with a JJC probation employee, it was determined that
ODYNSKI may be at the residence on Edison Ave.
Investigators applied for search warrants for the residence of Juvenile 1 and Juvenile 2,
located on Belle Vista, and the residence on Edison which were granted. During the execution of
the search warrant on the residence on Edison Ave., officers located a firearm tucked inside a
mattress in a utility room in the basement. Also located in the basement, hiding in a closet in the
laundry room was ODYNSKI. Also located in the home were two adults.
During the execution of the search warrant on Belle Vista, Juvenile 1 and Juvenile 2 were
located. Juvenile 1 and Juvenile 2 were interviewed by Detective Philip Simms. Juvenile 1
indicated that they he, Juvenile 2, ODYNSKI and Mr. Walton-Davis had been together along
with Juvenile 3. Juvenile 3 left them, and ODYNSKI suggested that they take an alley, and while
they were in the alley, ODYNSKI shot Mr. Walton-Davis. After this, Juveniles 1 and 2 ran to
their home. ODYNSKI arrived shortly after. Juvenile 1 told him to leave. ODYNSKI had a
backpack belonging to Mr. Walton-Davis.
Juvenile 2 indicated that he was with Juvenile 1, ODYNSKI, Mr. Walton-Davis and
Juvenile 3. Juvenile 3 split off from them, and the other males went to the alley. Juvenile 2
stated that he saw a muzzle flash and heard gunshots. ODYNSKI was standing behind Mr.
Walton-Davis, and Mr. Walton-Davis fell to the ground. Juvenile 2 ran back to his house,
followed by his brother, Juvenile 1. Shortly after, ODYNSKI came to their home. ODYNSKI
stated that he was going to take Mr. Walton-Davis’s firearm, but it was fake. He also was
wearing Mr. Walton-Davis’s backpack.
ODYNSKI was advised of his rights under Miranda. I interviewed him along with
Detective Victor Aguilar. Initially, ODYNSKI stated that there was a party on Lake Street, and
there were threats from members of the POG gang. He indicated they were at the party until 1 or
2 am. He later stated that a truck had pulled into the alley and shots were fired. ODYNSKI
continued to change his version of events, at one point stating he went to a house and asked
someone to call the police, and that Mr. Walton-Davis had told him to run and save himself.
Eventually, ODYNSKI admitted to being in the alley with Mr. Walton-Davis, Juvenile 1 and
Juvenile 2. He also stated that there was another person with them (it was believed he was
talking about Juvenile 3), and that person shot Mr. Walton-Davis.
We were able to identify and locate Juvenile 3. Juvenile 3 indicated that he was with
ODYNSKI, Juvenile 1 and Juvenile 2 at Juvenile 1 and 2’s residence. Mr. Walton-Davis came
over. Juvenile 3 said he and all the males were hanging out in the neighborhood. Juvenile 3 said
while walking back to Belle Vista ODYNSKI, Juvenile 1, Juvenile 2 and himself walked into the
alley. Juvenile 3 stated that ODYNSKI shot Mr. Walton-Davis. Juvenile 3 stated that he,
Juvenile 1 and Juvenile 2 all ran back to Juvenile 1 and 2’s residence. ODYNSKI arrived shortly
thereafter with a backpack, then left.
Ray Wolfenbarger with the South Bend Police Department Crime lab is a firearm and
toolmark examiner. The firearm collected from the home on Edison was test-fired. Mr.
Wolfenbarger compared the test-fire to the casing found in the alley and found it to be a match.
Further, the projectile found in the alley and the projectile recovered from Mr. Walton-Davis’s
body were also found the match the firearm collected.
All incidents listed herein happened in St. Joseph County, Indiana.

Nicholas K Pogotis 2191

Nicholas K Pogotis 2191
08/03/2024
 DETENTION CONSIDERATIONS

The Defendant does NOT appear to be eligible for Criminal Rule 2.6 consideration and
the State respectfully requests that the Court detain the Defendant until a bail hearing in open
court, where the State will be requesting that he be held without bond, for the following reasons:
The Defendant is charged with Murder.
The Defendant is a substantial flight risk.
I affirm under the penalty for perjury that the foregoing representations are true as they
have been related to me.

Jennifer J. McKinney
Chief Deputy Prosecuting Attorney