A Dayton man charged with shooting and killing two teens on his property is to be in court today.
Victor Santana, 63, is due in court this afternoon for a suppression hearing. His attorneys filed a motion with the court saying that while officers investigated the killings, Santana, during an interrogation, is alleged to have made incriminating statements involuntarily and without understanding his constitutional rights.
“More specifically, Santana was taken into custody by Dayton Police officers and interviewed at the Safety Building on August 29, 2019, by Detectives Schloss and Geiger,” the motion says.
“Despite a clear language barrier, Santana was interrogated for approximately 35 minutes before he asked for a lawyer. Detectives Schloss and Geiger did end the interview at that time. However, despite his previous request not to answer questions without a lawyer, Santana was again interrogated at the Safety Building by detectives Schloss and Geiger on Nov. 18. This time, another Spanish-speaking person was present to help interpret the interview. This interrogation lasted approximately 80 minutes.”
Santana has asked that an interpreter be present at his court hearings, citing that while he is an American citizen, Spanish is his native language. The defense is asking the court to toss exclude the interviews from being used as evidence in court.
Santana is accused of killing 17-year-old Dayton residents Devin Henderson and Javier Harrison and firing at a third teenager who survived on Aug. 28. Santana is charged with four counts of murder, five counts of felonious assault and one count of attempt to commit murder.
Montgomery County Prosecutor Mat Heck Jr. said the boys were shot and killed while trespassing in a vehicle in a detached garage they thought was abandoned at 848 Conners St., where they went to smoke marijuana.
The boys broke the law by trespassing, Heck said, but lethal force cannot be used against people who are only committing that offense.
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