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Published: Wednesday, September 13, 2017 @ 1:54 PM
— Key evidence is being challenged by the defense in the murder case against Brett Merrick, who is charged along with his brother in the January murders of two Greene County residents.
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Merrick, 24, appeared in Judge Stephen Wolaver's courtroom today as the prosecution called on the investigators to testify regarding their initial interview with the defendant.
That interview happened Jan. 24, the same day investigators arrested Brett's brother Dustin Merrick on suspicion of murder and searched his home.
Brett Merrick was arrested later that day, after he was interrogated on video at the Xenia police station for what prosecutors estimated to be six and a half hours.
Both brothers are charged with aggravated murder and could face the death penalty if convicted in the fatal shootings of William "Skip" Brown and Sherri Mendenhall, whose bodies were discovered Jan. 15 at the duplex where they lived in separate apartments on East Enon Road near Yellow Springs.
Ohio Bureau of Criminal Investigation Special Agent Seth Hagaman was the first to be called to testify. Hagaman testified that he was called in to assist the Greene County Sheriff's Office in the investigation. He led the first interview with Brett Merrick.
Hagaman asserted that Brett Merrick voluntarily went to the police station for the interview and he was considered a "witness" at the time and not a suspect, which is why he was not read his Miranda rights.
Hagaman told the courtroom that Brett Merrick had every opportunity to end the interrogation and leave, but he chose to speak without the presence of a lawyer.
SEE WHO’S IN JAIL: Greene County Jail inmates
Hagaman said he interviewed the defendant for approximately one hour and 45 minutes and during that time he came to the conclusion that Brett Merrick was lying about his brother's whereabouts on the day in question.
Defense Attorney Dennis Lieberman hammered Hagaman with questions as to at what point did Brett Merrick become a suspect.
"I viewed him as a witness in the sense that I was told Dustin Merrick could offer Brett as his alibi for where he was on the night of the murder," Hagaman responded. "That's why I wanted an opportunity to talk to him fresh without the two of them having a chance to interact."
Lieberman asserted that the investigators could have interviewed Brett Merrick before or after Dustin's arrest and not simultaneous to his arrest.
The prosecution planned to call two more witnesses to the stand. Wolaver is expected to rule on the motion to suppress at a later date.
Judge Michael Buckwalter could decide as early as next week on a motion to suppress evidence in Dustin Merrick's case, which was filed based on the defense's claim that investigators obtained the alleged firearm that was used in the slayings through a warrantless seizure.
Published: Friday, January 19, 2018 @ 12:35 AM
Updated: Tuesday, January 23, 2018 @ 7:06 AM
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Published: Tuesday, January 23, 2018 @ 5:02 AM
Updated: Tuesday, January 23, 2018 @ 6:55 AM
ALASKA — A tsunami warning is in effect after a preliminary 7.9 magnitude earthquake struck 173 miles southeast of Kodiak, Alaska.
UPDATE @ 6:55 a.m.
The Kodiak Police Department reports water has started to recede from their harbor, and are urging residents to move to higher ground and wait for updates, according to a Facebook post.
Police also posted a video about 5:40 a.m. Eastern Time, warning residents a tsunami could be on the way.
The tsunami watch, issued for parts of the Hawaii has been cancelled, but remains in effect Oregon, California, and Washington.
The earthquake was at a depth of 15 miles. There have been nine aftershocks, from 3.1 to 5.0 magnitude.
The Oregon, California and Washington coasts are under a tsunami watch.
According to the National Weather Service, the first waves should arrive around 2 a.m. local time (6 a.m. Eastern Time). Residents are being told to seek higher ground.
A #tsunami warning is in effect for the outer coast of SE #Alaska. First waves may arrive around 2:00 AM, according to Tsunami Warning Center. Further updates may be found at https://t.co/FIgKd7XW5Y or via NOAA wx radio. #akwx— NWS Juneau (@NWSJuneau) January 23, 2018
The National Weather Service tweeted that a buoy just northeast of the epicenter recorded a water displacement of 32 feet.
#ALASKA #EARTHQUAKE ... reports of an 8.2 magnitude earthquake off the S coast of Alaska; buoy 46410 just northeast of the epicenter has recorded a water displacement of 10 meters (32 feet); #TSUNAMI WARNINGS posted for the S Alaska and W Canadian coastline pic.twitter.com/xmtvsoclMq— NWS Boston (@NWSBoston) January 23, 2018
This story will be updated as we learn additional details.
Published: Tuesday, January 23, 2018 @ 3:38 AM
TODAY: Another batch of light showers off to the west will move in early this morning, said Storm Center 7 Meteorologist Kirstie Zontini. Showers today will mainly fall as rain, but at times a mix with wet snow flakes can occur. An accumulation isn’t expected with the wintry mix. Temperatures will linger in the upper 30s, but fall quickly towards the end of the afternoon. They’ll be gusty winds around 30 mph at times today with any evening rain or snow showers ending rather quickly.
TOMORROW: Colder temperatures start the day in the mid-20s. Some passing flurries are also possible for the first part of the day. Highs peak in the mid-30s as clouds decrease at nighttime.
THURSDAY: There will be sunshine throughout the day with temperatures warmer than normal in the low 40s. The day will be dry.
FRIDAY: We continue to see temperatures improve with sunshine and a few clouds as highs reach around 50 degrees.
SATURDAY: The day will be breezy and mild with highs around 50 degrees. Rain showers will start to arrive and become more widespread into the night.
Published: Tuesday, January 23, 2018 @ 2:15 AM
DAYTON — UPDATE @ 2:40 a.m.: One person is dead and another individual was taken to Miami Valley Hospital after a shooting occurred in Dayton early Tuesday morning, according to officials.
Crews were dispatched to the area of N. Upland Avenue and Fairbanks Avenue around 2 a.m. where they found two adult males, both shot with once deceased in the back of a vehicle.
A homicide detective has been called to the scene, as well as the Montgomery County Coroner’s Office.
The condition of the man taken to Miami Valley Hospital is unknown at this time.
The shooting remains under investigation.
Officials are responding to the area of N. Upland Avenue at Fairbanks Avenue for a reported shooting victim.
The incident was reported early Tuesday morning around 2 a.m., per initial reports.