Judge denies motion to suppress confession in attempted murder case
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
The Highland County Common Pleas Court Judge Rocky Coss denied a motion to suppress an alleged confession from a Hillsboro man who police say admitted to shooting a neighbor in the face in December 2010.
Jimmie Jacobs, 65, was indicted in March on one count of attempted murder with a gun specification, a felony of the first degree; one count of felonious assault with a gun specification, a felony of the second degree; and one count of aggravated burglary with a gun specification, a felony of the first degree. The charges stem from a Dec. 15 incident in which Jacobs allegedly shot 28-year-old Jonathan Harris in the face.
A motion to suppress hearing was held Friday in Highland County Common Pleas Court regarding statements Jacobs allegedly made to officers with the Hillsboro Police Department while he was in custody at the Highland County Justice Center.
In addition to the criminal charges, Jacobs and his wife are the defendants in a civl suit brought by Harris regarding the Dec. 15 incident. Harris is asking for "in excess of $25,000 in punitive damages and in excess of $25,000 in compensatory damages" for medical expenses, loss of wages, and suffering due to permanent injuries.
According to court documents filed by Harris, as a result of the alleged assault by Jacobs, Harris lost his left eye and suffered additional permanent injuries to his face.
The state was represented by Assistant Highland County Prosecutor David Henry, and Jacobs was represented by attorney Jim Boulger.
Detective Sgt. Ron Priest and Officer Jeff Murphy of the Hillsboro Police Department testified that after Jacobs was taken into custody on Dec. 15, they went to the Highland County Justice Center to interview him. Both Priest and Murphy testified that they thought the interview was being recorded, but days later they found out that it had not been.
Murphy and Priest each testified that Jacobs was read his Miranda Rights by Priest. Before Priest finished, Jacobs said he wanted to invoke his right to an attorney. He signed a notice stating that he had been read his rights and understood them. Both officers testified that they asked Jacobs his attorney's name and phone number, but he was unable to provide them. Priest then asked Jacobs what he wanted to do about his pets that were still located at his residence because there was no one to take care of them if he was in jail. Jacobs allegedly said that he had no one to take care of them, and then mentioned the people "across the street." At that time, Priest testified, he informed Jacobs that talking about the people across the street meant talking about the investigation, which they were not going to do.
The defendant told the officers that he was religious and had been taking theology classes for several years. Priest testified that because Jacobs had brought up the matter, he told the defendant that he would have to answer to God on judgment day.
Jacobs then allegedly brought up the people across the street again, and Priest, according to testimony, asked Jacobs if he wanted to talk about it.
Murphy testified that Jacobs said "you can ask me about stuff, and I might answer, and I might not." Priest then asked Jacbos what happened, and he responded that he had gone across the street to 66 Belfast Pike, the location of J and J Automotive and Harris' residence, to discuss some money that Jacobs had loaned him. Murphy testified that Jacobs alleged Harris had borrowed $1,200 from him, and that he was upset because he had heard Harris used it to purchased cocaine.
The officers told Jacobs that Harris had identified Jacobs as the shooter. Jacobs said that was not true.
Jacobs then told the officers in a sarcastic manner, "if that's what you want to hear, then I shot him."
Priest testified that they did not believe that to be a confession and that he told the defendant, "I don't want you to tell us what you think we want to hear, I want you to tell us the truth."
Priest testified that Jacobs said he was not afraid of anyone, but because Harris is larger than he was, he took a .57 Chrome revolver that belonged to his wife. During his conversation with Harris, Jacobs allegedly said he felt threatened by Harris and that he didn't know how sensitive the gun was, and that he shot Harris once. He then got scared and went back home. He later allegedly told officers that they would not find the gun because it was "two states away" by then.
Attorney for Jacobs Jim Boulger questioned both Priest and Murphy and asked at what time Jacobs ever said that he had changed his mind and did not want an attorney. They both said that Jacobs never said that he did not want an attorney. He also asked if they had interrogated suspects at the justice center before. The both said that they had, but not in that particular room. They said they were under the assumption the interview was being recorded, but it had not been.
Jacobs also took the stand. He had to be helped to the stand by Boulger and used a walker and an oxygen tank. He testified of recent health problems including a heart attack and possible stroke. He said that he never told the officers he did not want an attorney and that the first thing he said was he wanted his lawyer. He told them he had the number in his cell phone, which was back at his residence.
The defendant said that Murphy and Priest were very friendly, told him about how they rode motorcycles and asked about his pets. He denied saying that he shot Harris.
During final arguments, Bougler said that the police "have their ways" in getting defendants to make statements.
Coss asked Boulger the difference between an interview and an interrogation, stating that the conversation about the animals and attorney did not seem to fall under the classification of interrogation.
Coss said that even though Jacobs did not specifically say he did not want an attorney, according to law, "when a defendant re-initiates a conversation, that is his waiver of rights."
The judge denied the defense motion to suppress the confession.
A two-day trial has been scheduled for July 14-15.[[In-content Ad]]
Jimmie Jacobs, 65, was indicted in March on one count of attempted murder with a gun specification, a felony of the first degree; one count of felonious assault with a gun specification, a felony of the second degree; and one count of aggravated burglary with a gun specification, a felony of the first degree. The charges stem from a Dec. 15 incident in which Jacobs allegedly shot 28-year-old Jonathan Harris in the face.
A motion to suppress hearing was held Friday in Highland County Common Pleas Court regarding statements Jacobs allegedly made to officers with the Hillsboro Police Department while he was in custody at the Highland County Justice Center.
In addition to the criminal charges, Jacobs and his wife are the defendants in a civl suit brought by Harris regarding the Dec. 15 incident. Harris is asking for "in excess of $25,000 in punitive damages and in excess of $25,000 in compensatory damages" for medical expenses, loss of wages, and suffering due to permanent injuries.
According to court documents filed by Harris, as a result of the alleged assault by Jacobs, Harris lost his left eye and suffered additional permanent injuries to his face.
The state was represented by Assistant Highland County Prosecutor David Henry, and Jacobs was represented by attorney Jim Boulger.
Detective Sgt. Ron Priest and Officer Jeff Murphy of the Hillsboro Police Department testified that after Jacobs was taken into custody on Dec. 15, they went to the Highland County Justice Center to interview him. Both Priest and Murphy testified that they thought the interview was being recorded, but days later they found out that it had not been.
Murphy and Priest each testified that Jacobs was read his Miranda Rights by Priest. Before Priest finished, Jacobs said he wanted to invoke his right to an attorney. He signed a notice stating that he had been read his rights and understood them. Both officers testified that they asked Jacobs his attorney's name and phone number, but he was unable to provide them. Priest then asked Jacobs what he wanted to do about his pets that were still located at his residence because there was no one to take care of them if he was in jail. Jacobs allegedly said that he had no one to take care of them, and then mentioned the people "across the street." At that time, Priest testified, he informed Jacobs that talking about the people across the street meant talking about the investigation, which they were not going to do.
The defendant told the officers that he was religious and had been taking theology classes for several years. Priest testified that because Jacobs had brought up the matter, he told the defendant that he would have to answer to God on judgment day.
Jacobs then allegedly brought up the people across the street again, and Priest, according to testimony, asked Jacobs if he wanted to talk about it.
Murphy testified that Jacobs said "you can ask me about stuff, and I might answer, and I might not." Priest then asked Jacbos what happened, and he responded that he had gone across the street to 66 Belfast Pike, the location of J and J Automotive and Harris' residence, to discuss some money that Jacobs had loaned him. Murphy testified that Jacobs alleged Harris had borrowed $1,200 from him, and that he was upset because he had heard Harris used it to purchased cocaine.
The officers told Jacobs that Harris had identified Jacobs as the shooter. Jacobs said that was not true.
Jacobs then told the officers in a sarcastic manner, "if that's what you want to hear, then I shot him."
Priest testified that they did not believe that to be a confession and that he told the defendant, "I don't want you to tell us what you think we want to hear, I want you to tell us the truth."
Priest testified that Jacobs said he was not afraid of anyone, but because Harris is larger than he was, he took a .57 Chrome revolver that belonged to his wife. During his conversation with Harris, Jacobs allegedly said he felt threatened by Harris and that he didn't know how sensitive the gun was, and that he shot Harris once. He then got scared and went back home. He later allegedly told officers that they would not find the gun because it was "two states away" by then.
Attorney for Jacobs Jim Boulger questioned both Priest and Murphy and asked at what time Jacobs ever said that he had changed his mind and did not want an attorney. They both said that Jacobs never said that he did not want an attorney. He also asked if they had interrogated suspects at the justice center before. The both said that they had, but not in that particular room. They said they were under the assumption the interview was being recorded, but it had not been.
Jacobs also took the stand. He had to be helped to the stand by Boulger and used a walker and an oxygen tank. He testified of recent health problems including a heart attack and possible stroke. He said that he never told the officers he did not want an attorney and that the first thing he said was he wanted his lawyer. He told them he had the number in his cell phone, which was back at his residence.
The defendant said that Murphy and Priest were very friendly, told him about how they rode motorcycles and asked about his pets. He denied saying that he shot Harris.
During final arguments, Bougler said that the police "have their ways" in getting defendants to make statements.
Coss asked Boulger the difference between an interview and an interrogation, stating that the conversation about the animals and attorney did not seem to fall under the classification of interrogation.
Coss said that even though Jacobs did not specifically say he did not want an attorney, according to law, "when a defendant re-initiates a conversation, that is his waiver of rights."
The judge denied the defense motion to suppress the confession.
A two-day trial has been scheduled for July 14-15.[[In-content Ad]]