Central City man accused of killing a man asks court to suppress evidence, statements made to police

A Central City man charged with shooting and killing Gregory O'Hare last year asked a judge Friday to suppress a search of his home and statements he made to authorities, which included his admittance of guilt.

Attorney Kjas Long said the search warrant for the home of Martin Wilkinson, 63, was "over broad" because it left items to be collected up to the discretion of the officers. He also argued Wilkinson was intoxicated and suffers from alcohol dementia which would impair his understanding of his rights.

Wilkinson is charged with first-degree murder and possession of a firearm by a felon. He is accused of fatally shooting O'Hare, 47, of Cedar Rapids, Aug. 24, 2012. An Astra A-7 handgun found in his home was identified by police as the weapon used in the homicide, according to a criminal complaint. Witnesses discovered O'Hare's body in a rural area a short distance from Wilkinson's home. Witnesses also told police they heard gunshots the day before.

According to an autopsy, O'Hare died of multiple gunshot. He was shot at least eight times, with five of those shots going into his back.

According to a search warrant, evidence of 37 weapons were recovered from his home. The weapons included various calibers and brands of shotguns, rifles, revolvers and pistols, and various ammunition.

Long argued there was only one search warrant and sheriff's deputies and investigators made four separate searches of Wilkinson's cabin.

Linn County Sheriff's Deputy Steven Lowe testified there were separate searches because the conditions of the cabin made it difficult to search for the items because teargas had been used in the cabin, which limited the amount of time the deputies could search. Wilkinson was in a stand off with deputies and a SWAT team for about five hours because he wouldn't voluntarily come out so teargas was used.

Lowe said the cabin was "cluttered" and there were many "piles of stuff" throughout the cabin. There were items listed on the warrant and they highlighted the items seized, he said.

Linn County Sheriff's Sgt. Dave Beuter testified about the statements Wilkinson made to him and another deputy at the hospital. He read Wilkinson his rights before questioning him and Wilkinson said he understood his rights and agreed to talk to them. The interview was audio recorded.

Beuter said Wilkinson wasn't confused or disoriented.

Long asked if Wilkinson seemed intoxicated because his blood alcohol content was .246.  The legal limit is .08.

Beuter said he was surprised when he found out his BAC because Wilkinson was coherent.

Arthur Komar, an Ames psychologist and psychology lecturer at Iowa State University, testified Wilkinson suffers from cognitive impairments, mainly dementia caused by a long history of alcohol abuse and dependence. His condition would make it difficult for him to understand his rights. Komar evaluated Wilkinson in jail last November.

A person with a BAC of .246, without mental issues, is extremely intoxicated and isn't going to make good decisions, Komar said. Wilkinson struggles with basic memory focus and judgment as a result of the dementia. He couldn't count backwards by seven and it was difficult to count backwards by one during the evaluation.

Linn County Attorney Jerry Vander Sanden asked Komar how many times he talked with Wilkinson and if he found him competent to stand trial.

Komar said he only met him once and evaluated him for about three hours. He also found him competent for trial.

Vander Sanden asked Komar if a intoxicated person can make voluntary decisions.

Komar said yes.

Sixth Judicial District Judge Robert Sosalla said he would take the motions under advisement and make a written ruling.

Wilkinson's trial is set Sept. 9.