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Order Granting Defendant's Motion to Suppress

Order Granting Defendant's Motion to Suppress

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Published by Magdalena Wegrzyn
More than two years after Kevin Lossiah was beaten to death, the second suspect in his death will stand trial.

Donovan King, 24, is charged with first-degree murder, armed robbery, aggravated burglary and conspiracy. He is accused of breaking into Lossiah's Farmington apartment, 2700 West Apache St., with another man and beating him to death on May 29, 2011. His trial starts Monday and is scheduled to last four days.
More than two years after Kevin Lossiah was beaten to death, the second suspect in his death will stand trial.

Donovan King, 24, is charged with first-degree murder, armed robbery, aggravated burglary and conspiracy. He is accused of breaking into Lossiah's Farmington apartment, 2700 West Apache St., with another man and beating him to death on May 29, 2011. His trial starts Monday and is scheduled to last four days.

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Published by: Magdalena Wegrzyn on Aug 03, 2013
Copyright:Attribution Non-commercial

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10/30/2013

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STATE
OF
NEW MEXICOCOUNTY
OF
SAN
JUANELEVENTHJUDICIALDISTRICT
COURT
STATE
OFNEW
MEXICO,
Plaintiff,
v.
DONOVAN
KING,
Defendant.
i,I*:"-i'-'^-""-e,.l'::llfi. lilIj'l
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' t-,._.I
;
No.
D-l
1
16-CR
201
100510-4
ORDER
GRANTING DEFENDANT'S
MOTION
TO
SUPPRESS
THISMATTER
comes
before
the
Courtupon Defendant's
Motion
To
SuppressCoerced
Statements
Involuntarily
Macle
to
Detective
Paul
Martinezfiled
hereinon
October
21,2011.
The Defendantwas
interviewed byDetective
Paul
Martinez
at
the
Farmington
PoliceDepartment
on
May
29,2011
commencing
at
about3:00
p.m.An
audio-visualrecord
of
the
interview
was made
on
a
digitalvideo
disc
("DVD").
The
parties
have
stipulated
to
a
transcript
of
the
audio
portion
of
the record,the relevant
portionof
which is
attachedhereto
as
Appendix
A
and is
incorporatedherein.
Statement
numbers have
been added to
the
transcript
and
a
notation indicating
the
point
at
which
theDefendant
can
be
seen
onthe
DVD
signing
the
waiverof rightsfbrm.
The Court,
having
considered
the
written
and
oralargument
of
counsel,
having
heard
testimony
at
a
hearing
convened
on
December
8,2011
and
having
reviewed the
DVD
recordingnow
makes
the
following
Findings
Of
Fact,
Conclusions
OfLaw
and
Order.
W&ffi
 
FINDINGS
OF
FACT
1.
At
the
time of
the
interview
that
is
the subject
of
the
motion,
the Defendant
was
in
custodyfor
Miranda
ptxposes
and
was
under
interrogation
by
the
Detective.
2.
At
the
outset
of
the interrogation whentheDetectiveexplainedthe
Defendant'sMiranda
rights,
the
Defendant
appearson the
DVD
to
be
physically
affectedby
the
alcohol
and
marijuana he
testified
to
having
consumed
duringthe
hours
priorto
the
custodial
interrogation.
However,
it
is
clear
that the Defendant's mentation
was
rational
and
lucid.
Hewas
able
to
readily
recite
his
date
of
birth,
age,
post
office
box
and
physical
address.
His
remarks
and
questions were
logical
and
appropriatetothe situation.
3.
The
DVD
and
Appendix
A,
pg.2
statements7
through
T4,revealthe
following
exchange.
Detective:
All
right.
Donovan, listen
to
me.
You
have
the
right
to remain
silent.Listen
to
me
-
look
at
rre
bro!
You
have the
right
to
remain
silent. Anl.thing
you
say
may
be used
against
you.
You
have
a
right
to
a
lawyer.
If
you
cannot
afford
a
lawyer
one
will
be
provided
free.
Doyou
understand
your
rights?
Donovan:
YeahDetective:
Do
you
wishto
answer anyquestions?
Donovan:
Not
at
the
moment.
Kind of
intoxicated.
Detective:
Well
intoxication
isn't
one
of
thereasons
you
can't talk
to
us. It's
uh
...
Donovan:
It's
what?
Detective:
Three
o'clock.
Sign
thistbr
me
if
youwish to
answer
questions.
Right
there.
0P
#de
2
 
r-_]Donovan:
If
I
wishto
answer
questions?
Like
I
said
not
at
themoment.
4.
As
the
Detective
said
"sign thisfor
me,"
he
placedthe
waiverof rights
form
across
the
table
infrontof
the
Defendant,
tossed
a
pen
and
markedthesignature
line.
TheDefendant
did
not
sign.
5.
A
short
time
later,the
following
exchange
took
place.
(See
Appendix
A,
pg.3
statements
4
through
13.)
Detective:
We
just
want
your
side.
So
sign
that
and
lets
-
the
quickerwe
do
this
the
quickerwe
can
findyou
a
place
to sleep.
All
right?
Donovan:
Uh
huh.
Detective:
OK.
Go
aheadand
signthat
and
we'11go
from
there.
Donovan:
What
happens
if I
don't
sign it?
Detective:
Well,
we
just
need
you
to
sign
it
so
we
can
-
that'swhat
-
this
is
StepOne.
Donovan:
Yeah,but
you
didn't
ans\^/er
my
question.
Detective:What
will
happen
if
you
don't
sign
it?
Well
it's
not
against
the law.
Donovan:
YeahDetective:
And
we
want
to
talk
toyou
Donovan:
Yeah.
6.
Then
thisrelevant
exchange
followed.
(See
AppendixA,
pg.
3
statements
18
and
i9
and
pg.4
statements
I
and2.)Detective:
So
why
don't
you
sign that
and
let's
move
on.
e9
asl
J

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