LIMA — A man charged in the killing of his girlfriend made three statements to police but now wants those tossed from evidence.
Leo Stapleton, 48, was seeking the suppression of three statements he made to police, one on the day of the alleged murder, Dec. 21, one the following day and a final statement Dec. 23. His attorney questioned a detective on whether Stapleton was advised of his Constitutional rights.
Lima Police Detc. Steve Stechschulte said he properly advised Stapleton of his Constitutional rights including telling him he had the right to an attorney but Stapleton never asked for any attorney.
Judge David Cheney will review the videotaped interviews before making a ruling.
Stapleton was indicted on a murder charge with a repeat violent offender specification and one count of burglary. The charges carry a maximum penalty of life in prison.
Stapleton is charged in the Dec. 21 slaying of 40-year-old Kimberly Clark. Clark’s body was found inside her apartment at 118 S. Metcalf St. There were signs of foul play in the apartment that led police to label her death a homicide, a detective said.
Stechschulte said Clark was strangled.
Less than two months before her death, Clark and Stapleton were involved in an incident on Nov. 2. Stapleton was charged with domestic violence and intoxication, but the case was dismissed when Clark failed to appear in court to pursue the case against Stapleton.
Stapleton had lived in Indiana until about a year ago and has a criminal record in that state. He lived in Lima nearly 20 years ago but left for Indiana, Stechschulte said.
Indiana prison records showed Stapleton served sentences out of Fort Wayne, Indiana, for rape, resisting law enforcement, possession of paraphernalia, criminal recklessness, carrying a gun without a license, and mischief. He spent the majority of the last 20 years locked up in prison, according to records.
Reach Greg Sowinski at 567-242-0464 or on Twitter @Lima_Sowinski.