HUTCHINSON, Kan. – A 28-year-old Hutchinson man charged with one count of aggravated battery and bound over for trial now wants evidence suppressed.
Matthew Cole allegedly beat 32-year-old Bobby Pinkston back on Sept. 15. 2015. Pinkston was found by police at a home in the 100 block of East Campbell and, according to earlier statements made in court, was barely conscious. He was taken to Hutchinson Regional Medical Center where he later stated it was Cole who he got into a fight with.
The defense wants statements made by the defendant to Hutchinson Police Officer Travis Lahann suppressed believing he was never read his Miranda rights before the officer started asking questions. The state argues he was still in the investigative stage and that the defendant was not under arrest at that point.
Judge Tim Chambers says he wants to review the transcript before he rules on the matter. He questioned why his rights weren’t read saying its very simple to do. He took the matter under advisement at this point and says he will issue a written opinion.