A motion to suppress filed by a Springfield man accused of zip-tying teenage boys and robbing their home was rejected Friday by a Montgomery County judge.
Jonavon McCoy, 23, is charged with kidnapping, aggravated robbery, and two counts of aggravated burglary in Montgomery County Common Pleas Court. He’s pleaded not guilty to the charges and asked the court to consider suppressing evidence that prosecutor’s plan to use against him at trial.
Montgomery County judge Dennis Langer denied that request.
“… the court hereby overrules the defendant’s motion to suppress as it relates to branch one (search warrant) and branch II (identification),” a court ruling filed in the case says. “Branch III (statements) of the motion to suppress was withdrawn by counsel.”
McCoy is due back in court on Thursday for a status hearing and on June 20 for another hearing
McCoy is accused of zip-tying and forcing teens to hobble around their home to help him search the interior of the house while he “was on the phone with an unknown person who appeared to be directing him around the house”, according to court documents.
The alleged incident took place on May 22, 2018, at a home in Huber Heights. Later that morning, Cedric Holt Jr., identified as the father of one of the teens, was found dead in a Springfield park.
His death was ruled a homicide. McCoy has not been charged in Holt’s death.
Holt’s motion to suppress filed in April asked the court to consider tossing evidence against him. His attorney argued that police breached the fourth amendment when they seized McCoy’s phone because the search warrant did not name or describe the person to be searched and law enforcement failed to return the warrant to the designated judge or clerk of court, the motion says.
“Any evidence from the defendant’s phone should be suppressed,” the motion says.
The motion also accuses police of botching a photo lineup used by witnesses to identify McCoy.
“The defendant requests that his identification be suppressed because law enforcement failed to follow the procedures set forth in (the Ohio Revised Code) and provided a needlessly suggestive photo array to alleged witnesses,” the motion says.
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