Judge Considers Price's Motion To Suppress

Jacob Price came before Judge Derek C. Weimer in Kimball District Courtroom the afternoon of February 5 with his attorney Cassie Baldwin for a motion to suppress the case against him.

Price was charged on November 3, 2012 for his alleged involvement in break ins that had occurred at Petyon's Island Time Eatery October 18, 2012 around 10:00 p.m and a second break in that occurred at the Kimball Civic Center.

Captain Darren Huff was called to the stand by Kimball County Attorney David Wilson who was representing the state. WIlson asked Captain Huff for a detailed description of the November 3, 2012 interview conducted by Captain Huff that led to charges being filed against Price.

Huff stated that he had approached Price with one of Price's friends present at which time he asked Price if he could ask him a few questions about an incident the night before which had led to the death of Price's father among other things.

Price was then taken to the police station by Captain Huff at which time he was read his miranda rights before being questioned, according to Huff.

"He understood the Miranda warning, and he agreed to talk to me without an attorney present," Huff said.

It was at this time that Price admitted to committing the burglaries at Peyton's Island Time Eatery and the Kimball Civic Center. However, Huff stresses that during the whole interview process Price was not put under arrest.

"He was free to go at any time. He was never put in custody. After he confessed, he was issued a court citation and a ticket," Huff said.

Huff had recorded the interview with the recording being submitted to the court as exhibits a and b in the case.

However, Baldwin said that her client felt intimidated by Captain Huff and brought to the police station in a misleading way.

"He was brought to the police station by a police officer in a police car. He was mislead to believe he would be discussing his father's death, not the burglaries when he was read his rights," Baldwin said.

This sentiment was echoed by Price when he took the stand. Price stated that he didn't completely understand his rights when they were read to him.

"I didn't completely understand I could have an attorney there," Price said.

However, when questioned by Wilson, Price admitted that he never expressed to Captain Huff that he was unclear on what his rights were.

Baldwin asked if Price felt like he was really free to leave during the interview process.

"i didn't completely feel like I could leave," Price said.

Price slightly modified this statement when questioned by Wilson expressing that he knew that he wasn't under arrest at the time. When asked by Wilson if he was allowed to leave, Price gave a slightly different response.

"I was, but I felt I was obligated to stay there," Price said.

In his closing statements attorney Wilson put emphasis on the fact that Price was free to go at any time during the interview process.

"He was told he was free to go and yet he still agreed to talk to Captain Huff. The court needs to look at what was said then and what is being said now," Wison said.

The hearing was adjourned with the Honorable Judge Derek C. Weimer stating that he would take the evidence of the case under advisement and come to a decision at a later date.