HAMILTON, Ohio — The attorney for a suspect in the murder of a Hamilton man says police violated his rights, and his alleged confession should be thrown out at trial.
Fermin Garcia-Gutierrez, 47, is charged with aggravated murder, murder, felonious assault and kidnapping, with firearm specifications, for the death of Fernando Reyna Oviedo.
Oviedo's body was found in a garage in April.
Butler County Sheriff Richard Jones called a press conference shortly after the arrest pointing to Garcia-Gutierrez as a multiple-time offender who has been deported seven times.
At the arraignment, Butler County Common Pleas Judge, Jennifer McElfresh, set Garcia-Gutierrez's 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 interrogated the defendant knowing he was unable to read or write either (English or Spanish) and without the aid of an interpreter being present.”
Fricker also said the detective observed that Garcia-Gutierrez had suffered injuries, including a head injury.
“The detective still read the defendant the Miranda warnings and had him make a mark 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, so the alleged confession and any other evidence collected should be suppressed.
Garcia-Gutierrez is scheduled to be back in court on Jan. 29 for a hearing on the motion. A trial date has not yet been set.
Oviedo, 41, was found dead on 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 homicide before he was arrested on other charges.
Jones said Garcia-Gutierrez is an exampleof his frustration with the Biden Administration’s immigration enforcement and border policies.
He also said Garcia-Gutierrez had been to prison three times and deported seven times to Mexico, but keeps returning.
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