OMAHA, Nebraska — The former doctor accused of killing four people with ties to an Omaha medical school is challenging his arrest and trying to suppress some of the initial evidence police collected.
The Omaha World-Herald reports (http://bit.ly/1tuZ8So ) attorneys for Anthony Garcia, of Terre Haute, Indiana, argued Monday that his arrest in July 2013 was improper.
Garcia's attorneys — Robert Motta Sr., Robert Motta Jr. and Alison Motta of Chicago — said the arrest warrant wasn't issued until several hours after Garcia was taken into custody. And they complain that the documents filed in support of the arrest and search warrants didn't include enough evidence.
Douglas County prosecutors defended the warrants, and they maintain all the affidavits filed in court were valid.
Garcia is charged with first-degree murder in the 2008 deaths of the 11-year-old son of Creighton University pathologist William Hunter and the family's housekeeper, as well as the May 2013 deaths of Creighton pathologist Roger Brumback and his wife.
Authorities said Garcia was motivated by revenge for being fired from Creighton's pathology department in 2001. He has pleaded not guilty.
When Garcia was arrested in southern Illinois, he was being watched by a task force of officers. They arrested him after he turned south on Interstate 57 because authorities worried that he might be headed toward Louisiana State University because he was fired there in 2008.
"We were fearful that he would go to Louisiana and harm members of the LSU medical staff," FBI special agent Jonathan Robitaille testified Monday.
Garcia was initially arrested on suspicion of following too closely and driving under the influence. A warrant charging him with the Omaha slayings was issued roughly five hours later.
A judge will rule later on Garcia's motion to exclude much of the evidence gathered during and after his arrest.
Information from: Omaha World-Herald, http://www.omaha.com
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