FAYETTEVILLE -- Washington County prosecutors will not use statements made last year to police by a Springdale teen accused of participating in a fatal shooting.
Giovanni Vasquez-Sanchez, who was 17 at the time, said in a recent motion that he invoked his Miranda rights at the beginning of a police interview, but officers steered the conversation in a direction that led him to make potentially incriminating statements.
Kent McLemore, Vasquez-Sanchez's attorney, argued in the June 10 court motion that his client didn't knowingly waive his rights after saying he wanted to remain silent.
The issue was set for a hearing Monday, but the sides reached an agreement instead, said McLemore and prosecutor Matt Durrett. Durrett said Tuesday that he agreed not to use the statement if the case goes to trial.
"He didn't really incriminate himself in that statement anyway," Durrett said.
Police talked to Vasquez-Sanchez about a news story on the shooting, according to the motion.
The question about the news story, in which Vasquez-Sanchez was mentioned, elicited the possibly incriminating statements, according to the motion.
Three men were standing near a car in Springdale in April 2015 when four men in a blue Ford Focus pulled up and demanded to know their gang affiliations, police said. One of the three said he was in a gang, and one of the people in the car opened fire, killing Jimmy Rodriguez, 20, police said.
Vasquez-Sanchez, who police said was the driver, is charged with accomplice to capital murder and accomplice to the unlawful discharge of a firearm from a vehicle. Accomplice to capital murder is punishable by life in prison without parole or by the death penalty. Vasquez-Sanchez is not subject to the death penalty because he was a minor at the time.
Unlawful discharge of a firearm from a vehicle is a felony punishable by 10 to 40 years or life in prison.
Rodolfo Martinez, 18, who police say they believe is the gunman, is charged in Washington County Circuit Court with accomplice to capital murder and accomplice to the unlawful discharge of a firearm from a vehicle.
Jose Delatorre, 18, who police say was a passenger, is charged with accomplice to capital murder.
A 13-year-old boy, who police also say was a passenger, was arrested on preliminary charges of accomplice to capital murder and engaging in continuing criminal enterprise. His case is being handled in Washington County Juvenile Court.
State Desk on 07/09/2016