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Dayton security officers charged with murder want statements tossed www.privateofficer.com
DAYTON, Ohio Dec 1 2012 - Attorneys for the two Dayton security guards charged with the murder of Dante Price will argue that their clients’ statements made to police should not be used as evidence against them in a trial.
In an argument filed with the court, Justin Wissinger’s attorney argues that things Wissinger said to police at the scene should not be used as evidence against him.
“According to police reports, Wissinger made incriminating statements both to police and prosecutors,” his attorney wrote. They contend that the statements were made without “benefit of council, without adequate warnings of his right against incrimination,” and were involuntary.
The motion to suppress the evidence also argues that because police were not investigating the shooting as a criminal matter at the time, any physical evidence seized from the security guards was taken by an illegal search and should be thrown out of court.
Wissinger and co-defendant Christopher Tarbert face murder and abduction charges in connection with the March 1 death of Dante Price.
Tarbert and Wissinger said Price was trespassing at a townhouse where his girlfriend and infant son live, and tried to run them over with his car. They opened fire, striking Price who died from gunshot wounds.
The Montgomery County prosecutor said the security guards had “no legal right” to detain Price or use deadly force against him.