Wayne County Outlook

Posted October 31, 2012 at 2:17 pm

There was not sufficient probable cause for a search warrant to be issued to take blood from a former Wayne County Assistant Attorney, following a fatal crash that occurred on April 19 in Monticello.

That is the ruling of Special Judge James L. Bowling, Jr., in regard to a motion filed by defendant Rod Tejeda to suppress blood evidence taken at Wayne County Hospital, several hours after the collision that resulted in the death of Helen Jerus Neal.

Tejeda was indicted on the charge of murder in July.

A hearing on that motion and another to suppress evidence taken from Tejeda’s car after the crash was heard in Wayne Circuit Court on October 5. At that point, Bowling said he would issue his ruling in writing. Those rulings were filed in Wayne Circuit Court on Tuesday, October 16.

Bowling noted in the ruling that Tejeda was not arrested or charged with any crime at the time of the search warrant for blood evidence.

Bowling noted if there had been an arrest Kentucky law would have authorized issuance of a search warrant to take blood if Tejeda refused consent.

Bowling cited the Fourth Amendment which protects citizens from searches that are not based upon probable cause. “It is the opinion of this court that the warrant for Tejeda’s blood was not supported by sufficient probable cause and that the results of the search must be suppressed,” the ruling stated.

Regarding the motion to suppress evidence taken from Tejeda’s car, Bowling ruled that there was probable cause to support the search warrant for the vehicle.

The warrant allowed police to take the vehicle’s “black box” and other data from the car. Officials contend that Tejeda was traveling at a high rate of speed at the time of the crash.

Bowling also considered a motion in limine that would prevent the Commonwealth from offering evidence of Tejeda leaving the hospital as well as his withdrawal of cooperation and consent to have his blood tested.

In last week’s ruling, Bowling stated that the court would reserve making a final ruling on this matter until immediately prior to the trial or until the evidence is offered to the jury.

Tejeda’s trial has been set for February 13, 2013.

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Twenty one-step meth labs and eight meth lab components were found on Friday, October 19 in the ditch along Highway 834 in Wayne County.

According to UNITE Detective Chris Lyon, the sheriff’s department initially received the report of youth discovering several meth labs as they picked up trash along Highway 834 and responded to the scene.

UNITE was called to collect evidence before removing the meth labs and components.

Agents with UNITE were also called to the Missouri Hollow Baptist Church parking lot on Sunday, October 21, where an abandoned meth lab was discovered.

Lyon noted that residents need to remain aware that this type of activity continues to occur in the county. Watch for two-liter bottles or smaller bottles with tubing at the top, as well as other items that are associated with manufacturing.

He advised if any of these items are found, do not pick them up. Call 911 and ask that UNITE detectives be notified.

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Three people were charged with manufacturing methamphetamine after police went to a Missouri Hollow home on a separate case late on Monday, October 15.

Wayne County Sheriff’s deputies arrested 32-year-old Bryan “Bear” Hutton, 22-year-old Joe Young, Jr., and 44-year-old Joe Young, Sr after discovering an active methamphetamine lab in the basement of the Young residence on Bob Shelton Road.

Detectives from Operation UNITE were called to the home about 10 p.m. to neutralize and dispose of the active one-step meth lab, an active “smoking jug” and other items related to the manufacture of methamphetamine.

Hutton was additionally charged on a warrant for receiving stolen property in an unrelated case.

On Tuesday, October 16, Hutton was indicted by the Wayne County Grand Jury on charges of manufacturing methamphetamine and first-degree criminal possession of a forged instrument for a third unrelated case.

Hutton is currently also awaiting trial on charges brought by UNITE in a fourth case for possession of methamphetamine and possession of meth precursors.

All three men were lodged in Wayne County Detention Center.

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Perry Elam has been appointed to fill the vacant Division Three seat on the Wayne County Board of Education, according to the Kentucky Department of Education.

Elam is a former member of the school board, and served as chairman of the group for several years. His appointment was officially made on October 15.

“We are pleased to have an experienced board member come back to the board,” stated Superintendent John Dalton.

Dalton noted that Elam will be taking the oath of office prior to the November board meeting.

Elam was selected from a group of five candidates who applied for the position, following the resignation of Paul Dunnington. Dunnington passed away shortly after resigning as a board member.

Elam will complete Dunnington’s term which continues through the end of 2014.