LIMA — A motion to suppress statements obtained by the Lima Police Department during its investigation of the Jan. 15 shooting death of Branson Tucker, 34, was filed on behalf of Kenneth L. Cobb, 59, last month.
Cobb, the alleged gunman in Tucker’s death, is charged with murder with a firearm specification and having weapons while under disability.
A second man, Jerome Fuqua, 59, was also charged in relation to the shooting death.
The defense filed a motion on May 31 to suppress statements Cobb made to investigators during a phone call and in-person interview with LPD detectives on Jan. 15, arguing that the interviews were conducted in violation of Cobb’s Constitutional rights.
The motion argues that Cobb was “overcome with severe emotional and mental stress” during the call, which occurred less than 24 hours after the incident.
The filing further states Cobb “confessed to feeling that he was being robbed, that his life was in danger and that he tried to fire a warning shot into the victim’s leg to save his own life,” but it alleges that Cobb asked for attorney multiple times during the call and that detectives interrogated Cobb in custody without an attorney present.
The defense filed a second motion on May 31 requesting an independent analysis of cell phones seized from witnesses.
During a hearing on the motion held in Allen County Common Pleas Court Wednesday, assistant prosecuting attorney Kenneth Sturgill said “it will be clear there was no violation” of Cobb’s rights once the judge reviews the recordings.
Judge Terri Kohlrieser is set to review the recordings, after which the state will have until June 26 to file closing arguments and the defense will have until July 10 to respond.
Cobb’s trial has been postponed until Sept. 16 at 8:45 a.m. in Allen County Common Pleas Court.