Booking photo for Shawn Andrews (Courtesy: Cache County Jail).

LOGAN — A judge has thrown out the confession of a 29-year-old North Logan man charged with stabbing and killing his mother. The recorded interview between Shawn R. Andrews and law enforcement was determined to be done illegally and will not be used as evidence in the case against him.

Andrews participated in a virtual hearing in 1st District Court Tuesday morning, appearing by web conference from the Cache County Jail. He was previously charged with murder, a first-degree felony; and, three counts of obstruction of justice, a second-degree felony.

Cache County Deputy Attorney Dane Murray said that after reviewing the interview between Andrews and police, made just after the alleged victim was found dead, it was determined the rules of Miranda were not followed. Under the law, Miranda Rights must be given to a suspect before speaking to law enforcement.

Murray told the court it appeared officers did not inform Andrews of his rights. The recorded interview will not be used by prosecutors as evidence in their case.

Tuesday’s decision only impacts a portion of the prosecution’s lawsuit.

According to a probable cause affidavit, police officers found Debra Andrews lying on the floor, just inside the front door of her North Logan apartment, on the afternoon of November 23. A cellphone and set of dentures were near her head. An empty bottle of alcohol was on a coffee table nearby.

Several neighbors reported seeing a man matching Shawn Andrews’ description running from the apartment complex at the time the alleged murder occurred. He was carrying a black backpack and had something wrapped around his arm.

Police later arrested Shawn Andrews and located a black discarded backpack that had blood and a knife inside.
In July, a judge found the defendant competent to stand trial after undergoing treatment at the Utah State Medical Hospital. The ruling restarted the case after he was determined to be temporarily unable to understand the court process in April.

During Tuesday’s hearing, defense attorney Mike McGinnis said he and prosecutors were continuing to work on a possible plea agreement. He didn’t disclose details of the settlement but asked for time to work out the conditions.

Andrews spoke only briefly, telling the court he understood what was taking place during the hearing. He was ordered to appear again in court May 18. He remains incarcerated, being held without bail, and could still face up to life in prison if convicted.

Individuals arrested and charged in complaints are presumed innocent unless or until proven guilty beyond a reasonable doubt in court.


will@cvradio.com



Source link