A court has ruled against suppressing evidence against a defendant accused of kidnapping an 85-year-old Miamisburg man and leaving him in Dayton inside his car trunk.
Montgomery County Common Pleas Court Judge Mary Wiseman ruled Monday Billy Joe Farra was legally advised of his Miranda rights and “knowingly, voluntarily and intelligently waived” them.
Farra, 35, is accused along with Jessica Boomershine, 42, of Dayton, of breaking into the victim’s home, taking his gun and firing a round into a bedroom before kidnapping the man in his own car, authorities said.
The victim – who said he met the defendants at a gambling casino – was later “abandoned” at the Rumpke Waste & Recycling facility on East Monument Avenue in Dayton after he was “pistol-whipped,” bound and put him inside the trunk of his car, where Montgomery County Prosecutor Mat Heck Jr. has said they “left him for dead.”
Farra, whose address is listed as at large, sought to suppress “all evidence obtained from a warrantless search and seizure” in violation of his rights, court records show.
“There is no evidence that defendant was under the influence or unable to intelligently waive his Miranda rights,” Wiseman’s ruling states.
Miamisburg police detective Sgt. Jeff Muncy testified last month that on Jan. 16 he called the Tactical Crime Suppression Unit to help investigate the issue.
Warrants were issued for Farra’s arrest on a probation violation and for the ability to “ping” Boomershine’s cellphone, court records show.
Authorities found Boomershine, who led them to Farra at a Drummer Avenue address in Dayton, according to court records.
Farra was arrested and later indicated that he wanted to talk to detectives, records show.
Farra and Boomershine were indicted in January on two counts of aggravated robbery; two counts of aggravated burglary; two counts of kidnapping; and one count of grand theft of a motor vehicle; grand theft of a firearm; and misuse of a credit card.
All but two charges include a three-year firearm specification, according to prosecutors.
Boomershine also faces more charges stemming from an attempted escape from the county jail, records show.
Wiseman has ruled the defendants will receive separate trials.
Both Farra and Boomershine remain in the Montgomery County Jail, each on a $500,000 bond.
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