“The defendant invoked his right to counsel at approximately 22 minutes into the interview,” Skelton wrote in a ruling earlier this month. “Any statements made after that invocation are suppressed.”
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Kinser, an 18-year-old Miamisburg High School graduate, was fatally shot in his Miamisburg apartment on North First Street in what was the city’s first homicide since 2011, police said.
Authorities said they believe the killing was drug-related.
Gillilan, 31, of Coshocton County, is one of three defendants charged with murder in the case. He faces 20 charges, including six murder counts, and his trial is scheduled to start May 4.
Miamisburg detectives interviewed Gillilan on April 5, 2019, at the Coshocton County Jail, where he was being held on unrelated charges, records show.
Skelton ruled other statements by Gillilan during that interview will be allowed.
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“The defendant was properly Mirandized; was not coerced or under the influence of any drug or alcohol that altered his ability to understand and respond to questions,” according to the filing.
Gillilan “didn’t verbatim ‘waive’ his rights after having been fully read the Miranda rights….The law in Ohio clearly holds that an express waiver is not required when a defendant willingly speaks to police after administration of Miranda,” Skelton’s ruling states.
Aside from multiple murder counts, Gillilan also faces four felonious assault charges, four robbery, two aggravated burglary and other counts, court records show.
Also facing murder charges in Kinser’s death is Jason B. Churchill, 32, of Moraine, and Daniel Matthew Simone, 29, of Englewood.
A fourth defendant, Dante English, 38, of Cincinnati, was indicted on arson, tampering with evidence, possession of criminal tools and insurance fraud in connection to the case.
Not guilty pleas have been entered for all four defendants.
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