Man charged with kidnapping files to suppress statements
Dec. 20—LIMA — Allen County Common Pleas Court Judge Jeffrey Reed will take under advisement a motion to suppress statements made by a Lima man to police following his arrest on assault, kidnapping and drug charges.
Jacquavious Cooper, 35, is charged with first-degree felony kidnapping and second-degree felonious assault of a woman on or about Aug. 20 through Aug. 23 with firearm specifications. He is also charged with illegal cultivation of marijuana and cocaine possession — fifth-degree felonies.
Assistant Public Defender Steve Chamberlain argued in court documents that Cartwright was not advised of his right to remain silent, that anything he said could be used as evidence against him and that he had a right to an attorney, and therefore his Fifth Amendment right against self-incrimination was violated. According to the document, "prior to accusatory questioning and/or custodial interrogation, [Cartwright] was not properly advised of [his] United States and Ohio constitutional rights ..."
At a hearing on Tuesday, Allen County Assistant Prosecuting Attorney Joseph Everhart said the statements should be used in trial because Lima Police Detective Steve Stechschulte advised Cartwright of his Miranda Rights before beginning the interview. He provided a copy of the interview to Reed for review.
Chamberlain also requested Cartwright's $150,000 cash or surety bond be changed to an own recognizance bond, in which he would promise to show up to all his court hearings and wear an ankle monitor, as he cannot afford the bond at present and would like to be with his family for Christmas.
Reed denied the request due to the serious nature of the allegations against Cartwright and the mandatory prison time he faces if convicted of the firearm specifications. If the man is released on bond, he will be tracked with a GPS ankle monitor.
