Sibley, Iowa — One of the defendants in the case of four people charged with robbery in Osceola County has filed a motion that says his fourth amendment constitutional rights were violated.
Court records indicate the four are accused of the armed robbery of an occupied home on Third Avenue in Sibley.
On August 21st, 2016, Osceola County Deputies arrested 35-year-old Jose Manuel Maldonado Castillo of Sibley on charges of Robbery in the 1st Degree, a class B Felony; two counts of Assault while Participating in a Felony; Going Armed with Intent; Interference with Official Acts with a Dangerous Weapon; and Unauthorized Possession of a Dangerous Weapon, all class D Felonies. They said they also arrested 25-year-old Peter Nazario Alvira of Sibley, as well as 55-year-old Pedro Juan Figueroa Rios and 38-year-old Nicomedes Montanez Cruz, both of Sioux City — and charged them all with Robbery in the 1st Degree, a class B Felony.
Court documents say officers believe that Montanez Cruz and Figuera Rios were allegedly inside the dwelling while the robbery took place, and officers say they believe the two were aiding and abetting.
The motion to suppress, filed by Figuera Rios’s attorney, Jared Weber of Orange City claims that the out-of-court identification of Figuera Rios was “impermissibly suggestive.” It also claims that, “A mixture of language barriers; impermissible collaboration of witnesses; the custodial line up on a street, without control subjects; the lack of alternative choices for witnesses; and other factors contributed to the substantial likelihood of irreparable misidentification.”
The motion says the use of a non-line up or non-photo array, violated Figuera Rios’s due process rights. It goes on to say that all evidence secured after this identification is “therefore fruit of the poisonous tree, and therefore should be suppressed.”
District Judge Carl Peterson has scheduled a hearing on the matter for 1:00 p.m. on Thursday, November 10th.
Figuera Rios’s pre-trial conference is scheduled for November 23rd, with the jury trial to begin on December 20th.
