Police violated Des Moines murder suspect's rights, judge rules in tossing interviews

Polk County prosecutors will not be able to use statements made by a murder suspect over several hours of interviews after a judge found the detective questioning him repeatedly violated his constitutional rights.

Tony Arterberry, 58, will be tried beginning Oct. 31 on charges of first-degree murder and other felonies in the May 2022 killing of 56-year-old Rhonda Howard. Prosecutors allege Arterberry, Howard's boyfriend, had broken into her home and threatened her days prior, then returned to make good on his threats.

Court records show Arterberry's attorneys filed motions to suppress statements made after he was found and detained by police. Earlier this month, Judge Scott Rosenberg sided with the defense, finding that Des Moines police Detective Brad Youngblut had illegally questioned Arterberry before reading him his Miranda rights, and then continued the interrogation after Arterberry repeatedly invoked his right to remain silent.

Prosecutors declined to comment on the ruling, citing the pending trial.

Arterberry's attorneys said Rosenberg made the right call.

"The judge’s analysis was spot-on and Americans are lucky that our Constitution protects suspects from inappropriate police tactics," attorney Gina Messamer said in an email. "Mr. Arterberry is looking forward to presenting his case to the jury next week."

A murder, an arrest, but no Miranda warning

According to court filings, Howard was found dead in her residence with injuries to her head and body on May 10. Based on information from her family, police began searching for Arterberry and found him at 3:45 p.m. that day, walking down the street. Officers handcuffed him and placed him in the back of a police vehicle.

Youngblut arrived to speak with Arterberry as he sat in the back of the vehicle, asking whether he had "anything to do with" Howard's death and suggesting that others were pointing the finger at him. At no point did Youngblut or the other officers present read Arterberry his Miranda rights, leading the judge to suppress all of Arterberry's statements before he was transported to police headquarters to be interviewed, arriving around 4:23 p.m.

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Judge: delayed Miranda explanation 'wholly unconvincing'

Once there, investigators took a break to allow Arterberry to eat before resuming questioning. However, Youngblut still did not immediately read Arterberry his rights. In court filings, prosecutors argued that Youngblut was unable to do so because Arterberry kept interrupting him. As Youngblut attempted to read the Miranda warning, Arterberry told him, "You ain’t finna (gonna) read that 'you have the right to remain silent' and all that. I’m finna tell you right now bro, you might as well go back outside that door."

"(Youngblut) keeps saying he would like to discuss matters more with Arterberry, but first he has to advise him of his rights," prosecutor Nan Horvat wrote. "And of course, the defendant just keeps talking."

In a subsequent hearing, Youngblut testified he desired at this stage "not to interrupt (Arterberry)" and that “it is better to not upset him." Rosenberg wrote that he found this explanation "wholly unconvincing," and that Youngblut could have left the room or simply talked over Arterberry.

"There is simply no indication or support on the record for the court to find Detective Youngblut was unable to administer Miranda or end the interrogation," Rosenberg wrote.

Right to remain silent ignored, lawyers say

About 5:30 p.m., Arterberry was finally read his rights, and the interview continued for another two hours and eight minutes until Arterberry was formally arrested. The defense argued these statements also should be suppressed because Youngblut ignored Arterberry repeatedly invoking his right to remain silent.

As recounted in court filings, Arterberry repeatedly and profanely told Youngblut to take his voice recorder and leave, that he wished to leave himself, and that "I'm done, man. I'm not answering no more questions." At each point, Youngblut simply continued questioning Arterberry about Howard's death.

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Horvat argued that Arterberry himself extended the interview.

"This defendant had no intention to cease answering the questions by the detectives," she wrote. "... He waived his Miranda rights and just kept right on talking."

But it's the responsibility of law enforcement officers to "scrupulously honor" a defendant's invocation of his rights, the judge wrote.

"As it was incumbent upon law enforcement to have administered Miranda before arresting and questioning (Arterberry), it was also incumbent on Detective Youngblut to stop the interrogation when (Arterberry) invoked and told him to end the interrogation," Rosenberg wrote.

What did Arterberry tell police?

Separately, Arterberry's attorneys also sought to suppress Howard's autopsy report, which the defense argued was not filed within the 90-day deadline required by law. In his order, Rosenberg rejected that request, noting the law explicitly provides for exceptions when, as in this case, more time is needed for specialized testing.

Rosenberg's order means prosecutors may not use any of Arterberry's statements before or after arriving at the police station at trial. Other than his invocations of his rights, the court filings do not discuss what Arterberry told police during the interviews, and it's not clear how much their absence will alter the state's case.

In addition to first-degree murder, Arterberry is charged with first-degree burglary and robbery for allegedly breaking into Howard's home and assaulting her with intent to steal from her. If convicted of the murder charge, he faces a mandatory sentence of life in prison.

William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com, 715-573-8166 or on Twitter at @DMRMorris.

This article originally appeared on Des Moines Register: Des Moines police violated murder suspect's Miranda rights, judge rules