Dec. 11 – The attorney for a suspect in the killing of a Hamilton man last spring says police violated his rights and that his alleged confession at trial should be thrown out.
Fermin Garcia-Gutierrez, 47, is charged with aggravated murder, murder, assault and kidnapping, with firearm specifications, for the death of Fernando Reyna Oviedo, who was found dead in a garage in April.
Butler County Sheriff Richard Jones called a news conference shortly after the arrest in which he identified Garcia-Gutierrez as a multiple offender who has been deported seven times.
At the arraignment, Butler County Common Pleas Judge Jennifer McElfresh set bond at $5 million cash or surety.
Attorney Keith Fricker said in a motion to suppress evidence that Garcia-Gutierrez is illiterate, but he “was incarcerated on other charges and the Hamilton detective questioned the suspect knowing he could not read or write (English or Spanish) and without the help of having an interpreter present.”
Fricker also said the detective noted that Garcia-Gutierrez had suffered injuries, including a head injury.
“The detective still read the suspect the Miranda warnings and had him make a note on the Miranda card,” Fricker said in the motion.
The defense says Garcia-Gutierrez’s rights were violated because he did not understand his right to remain silent or to have an attorney present. Therefore, the alleged confession and all other evidence collected must be suppressed.
Garcia-Gutierrez will be back in court on January 29 for a hearing on the motion. A trial date has not yet been set.
Oviedo, 41, was found dead April 1 after Hamilton police officers were called about a body in the 1100 block of South 13th Street.
Investigators believe Garcia-Gutierrez committed the murder before he was arrested on other charges
Jones said Garcia-Gutierrez exemplifies his frustration with the Biden administration’s immigration enforcement and border policies.
Jones said Garcia-Gutierrez has been in prison three times and deported to Mexico seven times, but keeps returning.
“She says it’ll be two weeks before he comes back,” the sheriff said.
