FIRST ON 13: Alleged driveway shooter: Toss statements including ‘nothing living’ in his house
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Attorneys for the man accused of shooting and killing Kaylin Gillis have repeated their request to suppress statements he made that night – including an exchange when he told police there was “nothing living” in the house.
Kevin Monahan is accused of shooting the 20-year-old Schuylerville girl who was a passenger in an SUV that had turned around in his Hebron driveway on April 15. They were looking for a friend’s house and had gotten lost.
Monahan’s attorneys filed new documents on Thursday, seeking to exclude at trial statements he made saying that he had been in bed since 8:30 p.m. that night and that there are “hunters up here shooting all the time.”
Monahan also had an exchange with a State Police sergeant who was preparing to enter his residence to search it. He asked Monahan if he was 100% sure if there was no one else in the house.
“Nothing. Nothing living,” Monahan responded.
“OK. Anything dead?” the trooper replied.
“No,” Monahan responded.
Another officer said it was a “kinda weird” remark for Monahan to make.
Monahan said “no cats or dogs.”
His attorneys have argued that Monahan was not allowed to leave and had asked for a lawyer.
“Mr. Monahan clearly invoked his right to counsel early in his encounter with police. No law enforcement official ever provided Mr. Monahan with his Miranda warnings,” he said.
The next step is for the prosecution to file its response and Judge Adam Michelini will rule on the motions.
The case is headed for a trial in late October.