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VERNAL — Statements made to police by a Guatemalan man accused of killing his cousin in Uintah County were obtained legally, a judge has ruled.
Jose Eduardo Leiva-Perez had asked 8th District Judge Clark McClellan to suppress verbal and written statements made to police following his arrest in connection with the January 2013 killing of David Urrutia.
Defense attorney Greg Lamb argued that differences between the way police are perceived in Guatemala and the United States, coupled with his client's inability to understand English, made him particularly vulnerable to police interrogation tactics. Lamb also raised concerns about the temperature of the room where Leiva-Perez was interrogated and the duration of the questioning.
In a 32-page ruling, McClellan held that police properly advised Leiva-Perez of his Miranda rights and that his decision to waive those rights was "knowing and voluntary," as required by law.
The judge also rejected defense claims that officers subjected Leiva-Perez to duress during questioning. McClellan noted that while everyone agreed the jail cell where investigators questioned Leiva-Perez was cold, the inmate was provided with blankets for warmth.
As for the interrogation, which lasted slightly more than an hour and a half, McClellan pointed out that much of that time was spent translating questions and answers.
"Because of interpretation issues, and the need for the interpreting officer to confer with the other officer, the actual amount of time spent interrogating the defendant was less than the 95 minutes (cited in court papers)," the judge wrote.
The Guatemalan national, who speaks no English, initially told Uintah County sheriff's detectives that Urrutia, 38, had been attacked by three men wielding baseball bats. He said his cousin was already severely injured when he found him inside the Fort Duchesne mobile home they were sharing.
During the jailhouse interview Leiva-Perez had sought to suppress, however, he admitted that he killed his cousin, but said he was acting in self-defense.
"He was going to kill me," Leiva-Perez wrote in a statement after the interview that was translated and included in McClellan's ruling.
"He threatened to shoot me with a rifle and with kicking me out (of the trailer home)," Leiva-Perez continued, adding that he regrets what happened.
Leiva-Perez has been deported from the United States at least once before, according to court records. He was in the country illegally when Urrutia was killed and remains in the Uintah County Jail where he is being held without bail.
