MIAMI COUNTY — Miami County Common Pleas Court Judge Christopher Gee denied Richard Terrel’s motion to suppress evidence according to a decision filed on May 12.
Terrel has been charged with 88-year-old William York’s murder last May. He was indicted on charges of fifth-degree felony abuse of a corpse, third-degree felony tampering with evidence, and second-degree felonious assault in connection with the case.
On Jan. 25, Miami County Common Pleas Court Judge Christopher Gee presided over the motion to suppress evidence filed by Terrel’s attorney, Jay Adams. Sgt. Chris Graham of the Tipp City Police Department and Major Steve Lord of the Miami County Sheriff’s Office provided their testimony during the hearing.
Adams claimed Terrel’s rights were violated because he was not properly given his Miranda rights or signed a waiver to speak with detectives and law enforcement officials, his request for a lawyer was ignored and he was under the influence of drugs.
In the judgment, Gee stated Terrel was advised of his Miranda rights which he waived and continued to speak voluntarily with officers.
The decision also notes, “Terrel showed his familiarity with his rights by asserting that he knew he could stop the questioning by saying ‘I want a lawyer right now.’”
“Terrel’s statements made to law enforcement officers were made voluntarily and on the one occasion he invoked his rights to counsel and to remain silent, the interrogation ceased,” the judgment stated in its conclusion.
The decision was delayed due to the court being unable to review the six-hour audio video recording of Terrel’s first interview with authorities after Terrel was arrested.
On April 25, Hope Earnshaw-York entered a plea of no contest to felony charges in connection with the murder of her grandfather William York Sr.
Earnshaw-York was found guilty of felony abuse of a corpse and tampering with evidence. She also pleaded no contest to three counts of receiving stolen property regarding several guns that were stolen from her grandfather prior to his death.
Earnshaw-York could face up to nine years in prison and will be sentenced June 7.
Earnshaw-York, and her boyfriend, Terrel, were indicted in July on the felony charges connected to York Sr.’s death and disappearance last May.
The couple lived with York in his Tipp City home. York, 88, was reported missing from his home on May 30. His body was found on June 3 in a park in Union, Ky. Officials ruled York’s cause of death as blunt force trauma to the back of the head.
A trial was scheduled in April, but was delayed due to the motion and Earnshaw-York’s plea agreement. A trial date has not been set.