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Motion hearing in standoff case scheduled for this week.

Judge Tim Chambers has scheduled a motions hearing for a 28-year-old Wichita man charged with crimes associated with a stand-off with Hutchinson Police back in March. Deron McCoy Jr., 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. His attorney, Alice Osburn argues that some statements were obtained prior to any waiver of Miranda rights. She 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 goes onto say that the statements elicited 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.

But, 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.

Then, there are the standard pre-trial motions including a motion of limine to keep the jury from hearing his prior criminal history. That’s pretty much standard in most criminal proceedings.

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 in the downtown area of Hutchinson.

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.

The motions hearing is scheduled for Thursday.

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