GALLIPOLIS — Gallia County Common Pleas Court Judge D. Dean Evans overruled a motion to suppress statements in connection with a shooting incident in June that left a Bidwell man seriously injured.

Leland C. Winston, 19, Vinton, is charged with felonious assault for allegedly shooting Corey E. Armstrong in the facial area with an H&R 12 gauge single shot shotgun on June 27 at the Ohio 141 residence of Tyler Wilmouth. Following the shooting, Armstrong underwent extensive reconstructive surgeries due to the injuries inflicted upon him, according to a family member.

Winston’s attorney, William N. Eachus, filed a motion on his behalf to suppress a phone call and subsequent oral statements made prior to Miranda rights being given.

According to court records, some time after police arrived at Wilmouth’s residence on June 27, Winston called her and without being requested by officers, she placed the phone on speaker allowing everyone present to hear the conversation. Statements listed in the court docket as having been made by Winston at that time include, “Is he dead;” “I told you I’d do it — I told you I’d do it;” “Where did I shoot him;” “Shot him with a slug;” and “I’ll do (another individual) the same way.”

Eachus moved to suppress those alleged statements, among others, as Miranda rights had not yet been given to Winston and he added that this intercepted communication violates the Ohio Revised Code.

Evans disagreed, finding that only custodial interrogation sets off the need for a Miranda warning and Winston was not in custody or being interrogated when the alleged statements were made. He added that the officers did not act with purpose, but merely overheard Winston’s statements concerning the incident as Wilmouth was not prompted by law enforcement to place her phone on speaker.

Furthermore, he wrote that there is an exception to the section of the Ohio Revised Code referenced by Eachus that allows a law enforcement officer to intercept communications when one of the parties has given prior consent. He wrote that by Wilmouth activating her speaker phone without being requested by law enforcement, she gave implied consent for such interception.

Winston was placed under a $20,000 own recognizance bond after pleading not guilty to this charge. The initial date of his jury trial has been continued.