Clayton man appears for hearing


Motion to suppress evidence in fatal accident

By Melanie Yingst - myingst@civitasmedia.com



MIAMI COUNTY — The Clayton man who fled from officers and caused a fatal crash last March appeared in Miami County Common Pleas Court on Friday for a motion to suppress hearing.

Jordan Harville, 25, appeared with defense attorney Robert Long. Long filed the motion to suppress under the condition Harville was not properly given his Miranda rights after he was detained and statements he had made during the aftermath of the collision are inadmissible. Harville had admitted to officers and medics that he had used heroin as he fled from several law enforcement agencies before causing the fatal crash.

Long also states that the results from the blood tests should not be used as evidence against him.

Harville was indicted by a grand jury on one count of first-degree aggravated vehicular homicide, second-degree aggravated vehicular homicide, third-degree failure to comply and fourth-degree grand theft auto. He entered a plea of not guilty.

On March 27, Harville fled police in a stolen truck from Fletcher, led police officers on a pursuit on southbound Interstate 75, through Vandalia on North Dixie Drive. The pursuit ended after Harville struck a vehicle killing Anthony Hufford, 28, of Englewood, during the pursuit. Hufford was pronounced dead at the scene.

Judge Christopher Gee collected the state’s exhibits including dash cam video from Deputy Chase Underwood’s cruiser camera, which recorded statements made by Harville as well as officers and medics on the scene. Judge Gee said he would review the information provided during the five-hour hearing and make a written ruling on the motion.

Other exhibits included the search warrant obtained by Troy Police Department at Miami Valley Hospital, a copy of the property card, lab results from Harville’s blood test, a toxicology report, a copy of the Miranda Card Harville signed the day after the incident, and a DVD of the interview conducted with Detective Ben Garbig and Troy Police Detective Dominic Burnside at the sheriff’s office.

Miami County Prosecutor Tony Kendell and Long questioned various officers who were on the scene of the incident including Miami County Sheriff’s Detective Ben Garbig and Deputy Chase Underwood, Montgomery County Sheriff’s Office Deputies Brian Godsey and Chris Kidwell, and Troy Police Department Capt. Joe Long and Detective Chris Baker. The phlebotomist from Miami Valley Hospital who drew Harville’s blood for the toxicology report was also present. Elizabeth Keily, a forensic pathologist from the Montgomery County Crime Lab also testified as an expert witness.

According to testimony, Harville was hospitalized from an apparent overdose and a seizure following the accident. His blood was taken three hours after the fatal accident at the hospital for OVI testing.

Motion to suppress evidence in fatal accident

By Melanie Yingst

myingst@civitasmedia.com

Follow Melanie Yingst on Twitter @Troydailynews

Follow Melanie Yingst on Twitter @Troydailynews