FIRST ON FOX – Jose Ibarra, the suspect charged within the February homicide of Augusta College nursing pupil Laken Riley, is looking for a listening to to suppress an inventory of evidentiary pieces, together with mobile phones, a buccal swab and social media accounts.
Ibarra, a 26-year-old unlawful immigrant from Venezuela, is accused of attacking and killing Riley, 22, whilst she used to be out for a run alongside grime trails at the College of Georgia campus in Athens at the morning of Feb. 22.
Particularly, Ibarra is looking to suppress “(a) two cell gadgets believed via the State to belong to Defendant and the tips contained inside them; (b) genetic and bodily knowledge taken from the individual of Defendant; (c) the contents of Defendant’s social media accounts, which come with Snapchat, TikTok, Fb, and Instagram; and (d) location knowledge got from Google, Inc. In make stronger of this movement,” a court docket file filed on Thursday reads.
Ibarra’s protection is arguing that the aforementioned pieces had been unlawfully accumulated via regulation enforcement and that detectives entered his place of abode with out a seek warrant. He’s requesting the proof to be suppressed below the “fruit of the toxic tree” doctrine, which makes sure proof inadmissible if received via unlawful measures.
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Ibarra’s protection additional states in court docket paperwork filed Thursday that the suspect used to be “detained with out cheap suspicion that he had dedicated any offense on February 23, 2024.”
Along with his request to suppress proof, Ibarra may be asking to exclude testimony from a witness who carried out DNA checking out throughout Riley’s post-mortem, alleging that the consequences “didn’t exclude Defendant, but in addition didn’t exclude any other identified person related to the case.”
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“Because of the complexity of the combination utilized in checking out, the checking out used to be analyzed via the usage of TrueAllele Casework Instrument. Result of this research had been reported via [Ashley Hinkle, forensic biologist for the Georgia Bureau of Investigation] on April 3, 2024. The ones effects gave quite a lot of chances of whether or not or no longer the pattern in query used to be kind of prone to be a selected person or a coincidental fit,” court docket paperwork state.
A Georgia grand jury in Would possibly indicted Ibarra on counts of malice homicide, two counts of kidnapping with physically harm, two counts of annoyed attack with intent to rape, two counts of annoyed battery, obstructing or hindering an individual from creating a 911 name, tampering with proof and being a “peeping Tom.”
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The suspect is accused of inflicting Riley’s dying via causing blunt-force trauma to her head and “asphyxiating her in a fashion unknown to jurors,” the indictment states.
The suspect may be accused of going to a place of abode on UGA’s campus, the place he “peeped via” a window and “spied upon” a school team of workers member at the identical day he allegedly killed Riley, the indictment alleges.
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Ibarra and his brothers, additionally in america illegally from Venezuela, lived in an rental construction that sits at the fringe of the on-campus park the place Riley used to be working, allegedly murdered the aspiring nurse in what UGA Police Leader Jeffrey Clark described as a “crime of alternative.”
The quiet, wooded loop Riley ran that morning is well available from at the back of Ibarra’s rental advanced. This is a five-minute stroll from Ibarra’s door to the approximate scene the place Riley used to be discovered useless.
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The 26-year-old suspect illegally crossed into america via El Paso, Texas, in September 2022 and used to be launched into the U.S. by the use of parole, ICE and DHS assets in the past instructed Fox Information. His older brother, Diego Ibarra, is charged with inexperienced card fraud and had ties to a identified Venezuelan gang within the U.S., consistent with federal court docket paperwork.
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UGA stated in a February remark following Riley’s dying that the varsity has invested $16 million “during the last 8 years to rent extra cops, set up extra safety cameras, give a boost to lights, determine a nightly rideshare program, and create a UGASafe app.”
Since February, the varsity has dedicated greater than $7.3 million to extra protection measures, together with a 20% build up to UGA’s police price range, emergency blue lighting, and a university-focused rideshare program.
Ibarra’s trial is scheduled to happen in November.