Ross suppression motion granted
Scotts Bluff County District Judge Leo Dobrovolny has ruled that part of a police interview conducted with a Scottsbluff man arrested for purchasing methamphetamine after he was used as a confidential informant for several serious drug cases cannot be used. 32 year old Brian Ross faces charges of possession of methamphetamine and attempted assault on a police officer.
In his motion Ross' attorney Tylor Petitt argued for suppression of the statements after Ross invoked his right to have an attorney during questioning by investigators.
Judge Dobrovolny ruled Ross invoked his right to an attorney 22 minutes into the interview when he said he wanted to talk to Scotts Bluff County Attorney Doug Warner or an attorney. Dobrovolny said even though it would have been helpful for Ross to have clarified his statement, anything the defendant said after the officer responded "OK" but re-engaged in the interview cannot be used.
In the second part of the interview, Ross did admit to possessing the methamphetamine that was in a baggie and then throwing the contents out his vehicle's window during a pursuit with police. Police were never able to recover the drug.
Warner told KNEB News the ruling won't change the way the prosecution proceeds with the case. Petitt says it helps his case and could lead to plea negotiations but noted the state can still argue the evidence, including the witness' accounts of the purchase by Ross.
Ross was sentenced February 12th to four years probation in a plea agreement regarding the sale of methamphetamine from the front counter of a local restaurant. At the time of sentencing, Warner praised Ross for his cooperation with authorities as a confidential informant in other drug cases.
But court documents say Ross fled from Wing Drug Task Force investigators March 27th following his purchase of meth from a woman who alerted authorities Ross had contacted her. Ross eventually was pulled over in the pursuit but after he had thrown the purchased meth out his vehicle's window.
© 2013 Rural Radio Network. All rights reserved. Republishing, rebroadcasting, rewriting, redistributing prohibited. Copyright Information