RAPID CITY, S.D. — A Washington state man accused of trying to kill a South Dakota Highway Patrol trooper wants statements he made to investigators barred from trial.
Donald Willingham, 34, of Renton, has pleaded not guilty to attempted murder and other charges in the Oct. 24, 2015, beating of Trooper Zachary Bader during a traffic stop on I-90 east of Rapid City.
Willingham’s attorneys maintain that his interrogation following his arrest violated his constitutional protections because he wasn’t properly informed of his right against self-incrimination, the Rapid City Journal reported.
“Nowhere, in the purported Miranda warning given to defendant by the investigators, is defendant warned that anything that he says can be used against him in a court of law,” defense attorney Dennis Doherty said in his motion.
Deputy State’s Attorney Josh Hendrickson said the prosecution will present witnesses at a July hearing on the defense request.
“It’s not uncommon for the defense to file these types of motions so it was not unexpected,” he said.
Authorities say the traffic stop led to the recovery of more than 50 pounds of marijuana, $33,000 in cash and a handgun. Bader spent two weeks at a Rapid City hospital being treated for injuries that included skull and facial fractures.
Three other Washington state residents are charged with being accessories in the case. Willingham’s case is being handled separately. He remains jailed on $5 million bond.
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