HUTCHINSON, Kan. — The trial for a Hutchinson man accused of murder scheduled to begin next week will most likely be continued because the state will file an appeal of Judge Tim Chambers decision to suppress some of the statements that Michael Brisco made to law enforcement.
Brisco is charged with two alternate counts of murder for the shooting death of 26-year-old Sem Adrien. One is for premeditated first-degree murder and the alternate count is for intentional second-degree murder. Other charges include criminal possession of a firearm, aggravated intimidation of a victim or witness, possession of methamphetamine and solicitation to commit perjury. The shooting occurring back on Sept. 9, 2013.
The judge suppressed statements made by Brisco after the third time he mentioned he was done talking. Twice before he said that, but then started talking again on his own. But, the third time, Police Detective Jamie Schoenhoff initiated the conversation. Deputy District Attorney Tom Stanton argues that the defendant consented to cooperate with officers during both interviews. The defense contended he may have been under the influence of drugs or alcohol. Stanton says he will appeal the judges decision, so the case will be on hold pending a decision.
The killing itself occurred after Adrien may have been rude to Brisco’s girlfriend, questioning her on whether it was safe for her to be firing a gun from inside the home to a target outside. Brisco and the victim then began to fight inside the home, but he actual shooting occurred outside with the victim collapsing on a nearby parking lot near 8th & Plum.
Judge Tim Chambers notified the attorney’s by e-mail of his decision to suppress statements, but has yet to place the decision in the court file. Stanton says he can’t file an appeal until that is done, but says he will.