Orange City, Iowa — A judge has denied a defense motion to suppress evidence filed on behalf of a Spirit Lake man who has been charged with First Degree Murder following a shooting incident in May at a rural Ireton residence.
Sioux County authorities say they received a report of a disturbance that involved a shooting inside a residence on Dove Avenue, three miles northwest of Ireton. When deputies arrived they discovered 58-year-old Grant Wayne Wilson, of Cleghorn inside the residence, dead of an apparent gunshot wound.
As a result of the investigation, the sheriff’s office arrested 70-year-old Gregg Winterfeld of Spirit Lake on a charge of Second-Degree Murder, which was upgraded to First Degree Murder about three weeks later. Deputies say one other person was inside the residence at the time of the shooting and was unharmed.
Winterfeld pleaded not guilty.
His attorney filed a motion asking that Winterfeld’s testimony in custody be suppressed because Winterfeld was under the influence of alcohol at the time.
Judge Patrick Tott has denied the motion, saying that Winterfeld continued to comply with deputies’ commands and answer their questions even after being read his Miranda rights.
Tott writes, “The Court finds that the State has met its burden to show by a preponderance of the evidence that the defendant’s statements were made pursuant to a valid and voluntary waiver of his constitutional rights. While the Defendant never expressly stated that he waived his rights, his conduct by continuing to cooperate with the officers and responding to their questions after being advised of his rights, clearly implied his voluntary decision to waive those rights as shown by his behavior.”
