The motion hearing that was scheduled for this past week for 28-year-old Deron McCoy Jr., has been continued because the defense attorney in the case is ill.
This case has to do with a stand-off with Hutchinson Police back in March. McCoy is charged with 19-counts in the case, and a number of motions have been filed in the case.
Included is a motion to suppress statements made by McCoy after his arrest. Osburn argues that some statements were obtained prior to any waiver of Miranda rights and were obtained in violation of his fifth, sixth, and fourteenth amendments to the U-S Constitution, and Section 10 of the Bill of Rights to the Kansas Constitution.
McCoy in a hand written filing, claims the case should be dismissed entirely because of a violation of the speedy trial rule.
The 19-charges are a result of a stand-off occurring when police were called to a domestic dispute when McCoy and the mother of his child were disputing custody. It involved their 7-month old daughter and he was held up in a room at the Budget Inn Motel at 4th & Washington.
After repeated attempts to contact him, police officials decided to rush into the room, and McCoy allegedly had a gun pointed in the direction of a woman he calls his sister, and is also accused of using the baby as a shield in front of his head when officers entered. He was taken into custody without incident. He denies that he held the baby to shield himself.
No new date was announced for the motions hearing.
