The motion hearing which was continued back in October for 28-year-old Deron McCoy Jr., was concluded Monday over a number of motions including a motion to suppress, and a motion to dismiss among others.
The 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 were filed in the case. Included is a motion to suppress statements made by McCoy after his arrest. His attorney, Alice Osburn says because of his physical, mental, educational, and emotional state of McCoy, he couldn’t appreciate the full meaning of his rights under Miranda, and none his rights were waived voluntarily, and the statements made were sought as a result of direct questioning by law enforcement or others.
She also 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. There is only so much time allowed to get the case to trial after arraignment, and he argues time expired on September 30.
Reno County District Judge Tim Chambers took under advisement the motion to suppress, while initially denying the motion to dismiss. McCoy then asked the judge to reconsider his decision, and the judge then took that under advisement.
In the case, 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 word on when the judge might render a ruling on the motions.