FAYETTEVILLE -- A Springdale teen accused of participating in a fatal drive-by shooting last year is asking his statement to police be suppressed.
Giovanni Vasquez-Sanchez, who was 17 at the time, contends he clearly invoked his Miranda rights at the beginning of a police interview, but officers continued talking to him and eventually steered the conversation a direction for Vasquez-Sanchez to make potentially incriminating statements.
In a motion to suppress filed Friday afternoon, Kent McLemore, Vasquez-Sanchez' attorney, argues his client didn't knowingly waive his rights after saying he wanted to remain silent.
Police talked to Vasquez-Sanchez about his new tattoos, "little demon faces," and later asked him about a news story about the shooting, according to the motion. The question about the news story, in which Vasquez-Sanchez was mentioned, allegedly elicited the possibly incriminating statements, according to the motion.
Vasquez has a status hearing set for Aug. 4 in Washington County Circuit Court.
In April 2015, three men were standing near a car in Springdale when four men in a blue Ford Focus pulled up and demanded to know their gang affiliations, according to police. One of the three said he was in a gang, and one of the people in the car opened fire, killing Jimmy Rodriguez, 20.
Vasquez-Sanchez, who police believe 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 the possibility of parole or the death penalty. Vasquez-Sanchez, because of his age at the time, isn't subject to the death penalty. 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 believe to be 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. Circuit Judge Mark Lindsay has set Martinez' trial for Sept. 16.
Jose Delatorre, 18, believed to have been a passenger, is charged with accomplice to capital murder.
A 13-year-old boy, believed to be 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. Information about his case is, therefore, unavailable.
NW News on 06/11/2016