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State v. Philpot

The trial court properly granted the defendant's motion to suppress his confession to crimes associated with a murder and four aggravated assaults during an armed robbery, because he had unequivocally invoked his right to counsel and had not thereafter reinitiated conversation with the officers or waived his right to counsel.

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On September 26, 2012, Brandon Philpot and Travis Yarbrough were arrested for crimes associated with the shooting death of Aaron Holloway and the aggravated assault of four other victims during an armed robbery on September 28, 2010. After his arrest, Philpot, who had been identified in a photo line-up by one of the victims, was questioned for about an hour by Detectives David Quinn and Brett Zimbrick of the Atlanta Police Department, starting in an interview room at the police station and then continuing outside so Philpot could smoke a cigarette. The entire interview was audio recorded, apparently surreptitiously, with a device Detective Quinn had on his person. Near the end of the interview, Philpot admitted that he helped Yarbrough commit the crimes by holding one of the victims at gunpoint. Philpot never signed a written waiver of his rights. On December 14, 2012, Philpot and Yarbrough were indicted for murder and numerous other crimes.

On November 24, 2014, Philpot filed a motion to suppress the statement he gave when interrogated by the detectives. The trial court held an evidentiary hearing on June 3 and 5, 2015, at which the audio recording of the interview was admitted into evidence and Detective Quinn and Philpot testified. On June 22, 2015, the trial court granted the suppression motion, ruling that Philpot had unequivocally invoked his right to counsel and had not thereafter reinitiated conversation with the officers or waived his right to counsel. The State filed a timely notice of appeal. See OCGA § 5-7-1 a 4; State v. Andrade, 298 Ga. 464, 467 782 SE2d 665 2016. We affirm the trial court’s decision.

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