A final pretrial hearing is scheduled Monday for a Little Rock man accused of holding a Conway woman and her then six-year-old son at gunpoint in their home in 2012.
Gabriel Jaquez, 23, faces two counts of aggravated robbery, theft of property, possession of a firearm by a certain person and criminal use of a prohibited weapon.
According to the victim’s statement, a man entered her garage in the 1900 block of Creekwood Drive on Oct. 15, 2012. The victim said she and her son were leaving for school when they encountered the man with a shotgun.
The victim said the man cocked and pointed the weapon at her, and demanded her keys. Before leaving in the vehicle, the man said, "I’m sorry, this is my last resort," according to the victim.
Days later, Jaquez was apprehended by Pulaski County authorities after leading police on a high-speed chase, which ended with him being seriously injured in an accident.
According to the Pulaski County Sheriff’s Office, Jaquez allegedly shot a man, and shot at officers. Authorities located the Conway woman’s stolen vehicle near the scene of the shooting.
Conway police spokesperson La Tresha Woodruff told the Log Cabin Democrat in 2012 that Jaquez admitted to the Conway crime during a police interview.
Faulkner County Circuit Court Ed Clawson recently denied a defense motion to suppress the incriminating statements made by Jaquez.
In a Jan. 6 court filing, the defendant’s attorney, Deputy Public Defender Keith Faulkner, said the statements were made by Jaquez within hours of his release from the hospital, and while still under the effect of pain medication.
"The defendant had been Mirandized prior to making the statements," the motion states. "However, such statements were involuntarily given since the defendant was still under the influence of powerful, mind-altering drugs administered by hospital personnel in connection with his treatment of serious face and head trauma as well as a brain contusion."
Jaquez’s medication, paired with his injuries, "eliminated" his "ability to comprehend the Miranda warnings and the consequences of the waiver of the rights associated therewith," the motion states.
In a Jan. 21 order, the court concluded Jaquez "knowingly, intelligently and voluntarily waived his rights."
"[Dr. Nazer Qureshi, of Baptist Health] testified that at the time of the defendant’s discharge he had suffered a head injury but was not confused or needed medication," the order states. "In fact, he said that if either of those had been present he would have not been discharged."
Jaquez’s trial is scheduled for Feb. 12-13.
(Staff writer Lee Hogan can be reached by email at firstname.lastname@example.org or by phone at 505-1246. Follow Lee Hogan on Twitter at twitter.com/LCD_LeeHogan.)