Statements by wounded defendant not ruled out
OCEAN CITY -- A Worcester County Circuit Court Judge denied motions to suppress at a trial several statements made by a Berlin man facing attempted murder charges in the moments after he had been shot by an Ocean City police officer.
In December 2010, Marvin Jefferson Mitchell, 27, of Berlin, allegedly had a knife and assaulted his wife in view of Ocean City police officers who had arrived to the scene of a 911 call. Cpl. Rick Wawrzeniak shot Mitchell to stop his attack. The officer fired three rounds, two of which struck Mitchell, Wawrzeniak said at a motions hearing.
Judge Richard Bloxom also denied a motion to suppress various text messages between Marvin Jefferson Mitchell, 27, of Berlin, and his wife, Shanna Mitchell, also 27. The messages were found on two cell phones seized by police during a search of a home on 82nd Street in Ocean City where the incident took place.
Marvin Mitchell's public defender, Chasity Simpson, said Mitchell's statements to officers in the home after being shot were involuntary due to the duress he was under as a result of being shot and held at gunpoint by police. She asked the statements made to Sgt. Chasity Blades of the Maryland State Police Homicide Unit, while Marvin Mitchell was being treated at Peninsula Regional Medical Center in Salisbury, be suppressed as well.
Simpson told Bloxom she felt the text messages should be suppressed because Marvin Mitchell had a right to privacy pertaining to his cell phone, although it was owned and paid for by his wife.
"I don't find anything involuntary with respect to the spontaneous statements Mr. Mitchell made," said Bloxom, in deciding the statements were fair to use at trial. He also ruled that the text messages were usable during trial, since they were collected by police on a valid search and seizure warrant, and since Shanna Mitchell had given Blades permission to search both phones.
Marvin Mitchell's trial is scheduled for July 11-12.
smuska@dmg.gannett.com
410-213-9442, ext. 14
In December 2010, Marvin Jefferson Mitchell, 27, of Berlin, allegedly had a knife and assaulted his wife in view of Ocean City police officers who had arrived to the scene of a 911 call. Cpl. Rick Wawrzeniak shot Mitchell to stop his attack. The officer fired three rounds, two of which struck Mitchell, Wawrzeniak said at a motions hearing.
Judge Richard Bloxom also denied a motion to suppress various text messages between Marvin Jefferson Mitchell, 27, of Berlin, and his wife, Shanna Mitchell, also 27. The messages were found on two cell phones seized by police during a search of a home on 82nd Street in Ocean City where the incident took place.
Marvin Mitchell's public defender, Chasity Simpson, said Mitchell's statements to officers in the home after being shot were involuntary due to the duress he was under as a result of being shot and held at gunpoint by police. She asked the statements made to Sgt. Chasity Blades of the Maryland State Police Homicide Unit, while Marvin Mitchell was being treated at Peninsula Regional Medical Center in Salisbury, be suppressed as well.
Simpson told Bloxom she felt the text messages should be suppressed because Marvin Mitchell had a right to privacy pertaining to his cell phone, although it was owned and paid for by his wife.
"I don't find anything involuntary with respect to the spontaneous statements Mr. Mitchell made," said Bloxom, in deciding the statements were fair to use at trial. He also ruled that the text messages were usable during trial, since they were collected by police on a valid search and seizure warrant, and since Shanna Mitchell had given Blades permission to search both phones.
Marvin Mitchell's trial is scheduled for July 11-12.
smuska@dmg.gannett.com
410-213-9442, ext. 14
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