 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Hicks7/16/1982
ed in his complete statement.
A trial court's ruling on a motion to suppress will not be disturbed on appeal absent clear and manifest error. State v. Smith, 123 Ariz. 231, 599 P.2d 187 (1979). Considering the totality of the facts and circumstances, we find no such error.
Appellant next contends that his statement should have been suppressed as taken in violation of his so-called Miranda rights. In particular, appellant claims that his right to remain silent was not honored because the interrogation continued after he had expressed a desire to invoke his fifth amendment right. The complained-of portion of the statement is as follows:
Q. Now we've got some people that saw it happen, OK?
A. I'm gonna tell you something and I'm gonna tell you one time and one time only. I'm a small son-of-a-bitch. But I don't shoot nobody. You either accept it or you reject it. And that's that, I ain't gonna go no farther. I ain't saying a fucking word from now on. It's as simple as that. I don't have to shoot nobody. I got too God damn many friends. I got too many friends that beat the . . . I got friends that beat JERRY'S [the victim's] ass in a minute. I don't have to worry about JERRY. I don't like him. But I don't dislike him enough to kill him. Now, you can accept this or you can reject it. And I have no scruples about it. You can believe me or you can disbelieve me, it's up . . . it's up to you. And personally I could care less. Now it's up to you guys. I have no further words to say. No . . . I won't even say that. Now you want . . . you . . . you wanta nail me? Go ahead, it's cool. I wanna go . . . I have no reason to kill nobody. If I got a reason, you'll never find out about it, I'll tell you that right now. This I can guarantee. If I have reason to killing anybody, you'll never find out. Now, you wanta talk to me?
Q. I'll talk to you, you said you don't wanta talk to me anymore.
A. Or you want . . . you want . . . you wanta believe me or you wanta nail me?
Q. I want to talk to you.
A. No, you wanta nail me.
Q. It's up to you. You don't have to talk to me.
A. What you wanta do is you wanta nail me, right?
Q. I want to get your side of the story and find out what your involvement is in this situation?
A. I don't like JERRY. I . . . I . . . I'll tell you the truth. I don't like this dude. Him and me's coming in so God damn . . . But that don't mean I'm gonna kill him.
Q. Do you want to keep talking about this or not?
A. What did I kill him with?
Q. I'm asking you a question, do you want to keep talking about it or not?
A. I'm gonna tell you something. I own a 32-20. It's an antique. I hang on to this God damn gun because it's worth a thousand bucks in the street. It's worth a thousand bucks. Now if I shot him with that . . . if he got killed with a 32-20, well, apparently I did it. But if he got killed with anything else, I didn't do it. But I own a 32-20. It's not registered which I don't know if they have to be registered or . . . if it's a state law or not. But I own a 32-20. It's an antique. That's the only God damn reason I ain't hanging on to that son-of-a-bitch is because I was offered a thousand bucks the othe day for that God damn 32-20. And I'm waiting for . . . for 1500, I'm going 1500 and then I'll take it. Other than that, you can kiss my ass when it comes to that God damn gun. Now you wanta go . . . go and confiscate my gun?
Q. Where is it?
A. I ain't saying shit.
Page 1 2 3 4 5 6 7 8 9 Arizona DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|