Judge vacates evidence ruling in favor of defendant in fatal Black River drowning, new hearing set

Due to an error in his ruling, Lorain County Common Pleas Judge Chris Cook has overturned a decision he handed down Friday suppressing evidence in two criminal cases against an Elyria man accused of causing a teen to drown in the Black River last year. Wednesday, Cook vacated his ruling suppressing "any and all evidence" of alleged child sexual abuse material found by Elyria police on Jacob Rosado's cellphone in August 2025. Cook wrote that the Lorain County Prosecutor's Office and defense attorney James Ingalls had brought to his attention that his ruling "fails to address all the issues raised" by Ingalls in a July motion to suppress several search warrants. A further hearing in the case is set for 1 p.m. Monday. The Prosecutor's Office previously said it was considering appealing Cook's Aug. 21 ruling that "any and all evidence" allegedly found on Rosado's cellphone can't be used against him in two pending criminal cases. Rosado, 25, of Birchbark Drive, is charged with involuntary manslaughter, pandering obscenity, pandering sexually oriented material, gross sexual imposition and one count of tampering with evidence, all felonies, plus furnishing alcohol to minors, a misdemeanor, across three cases. Several of the charges are related to the Aug. 7, 2025, drowning death of 16-year-old Vincent Pabon of Sheffield Lake. Rosado has pleaded not guilty to all of them. Rosado allegedly told Elyria police that he couldn't save Pabon when the younger man, whom he had given alcohol, fell into the Black River. Rosado reportedly left the riverbank, called his mother for a ride, went home, changed clothes then reported the incident to Elyria police. Searchers looked for Pabon until his body was recovered on Aug. 9, 2025. The involuntary manslaughter, evidence tampering and alcohol charges related to Pabon's death are set for trial on Sept. 29. Cook has expressed doubt that Elyria police detectives had enough probable cause to get a warrant to search Rosado's electronic devices while Pabon was still only missing and his body had not yet been recovered. Police allegedly found images and video on Rosado's phone showing Pabon, Rosado and at least one other person engaged in sexual acts, and charged Rosado for possessing those materials. Contact Dave O'Brien at dobrien@chroniclet.com.