The attorney for the man accused of running over and killing a Douglasville woman in front of her family last month is claiming that police took advantage of his client by illegally confiscating his cell phone, the Birmingham News reports.
Police claim that 23-year-old Dewey Calhoun Green was driving under the influence of alcohol or drugs, but his attorney claims that the blood drawn for testing under implied consent is simply a “fishing expedition” for police, the News reports.
Green’s attorney says his client was sober when the fatal incident occurred on June 25.
Green is currently being held without bond in the Douglas County Jail, charged with murder, aggravated assault and aggravated battery in the death of 53-year-old Janice Pitts on Highway 5.
Acting District Attorney Brian Fortner said Green, of Pelham, Ala., rear-ended Pitts’ vehicle multiple times and when she got out to check the damage, Green pinned her between the vehicles. Then he backed up allowing Pitts to fall to the ground and ran over her.
The incident all happened in front of Pitts’ daughter and 4-year-old grandson, who were in the vehicle at the time.
Green drove away a short distance up an embankment until his truck came to a stop. Witnesses took his car keys and detained him until police arrived.
But Green’s attorney says that what happened after was illegal, the News reports.
“His family members and other phone contacts – which data the police illegally seized and have now used to support their criminal case – could have only come from illegally tapping or hacking into (Green’s) cell phone,” wrote Atlanta-area attorney William C. Head in one of several court motions filed on Green’s behalf, according to The News.
Head stated that his client hadn’t been charged with a DUI because “the law enforcement officers at the scene were well aware that (Green) was not under the influence of either alcohol or any drugs,” according to The News.
Green is set to have his preliminary hearing on the murder charge on Aug. 7.
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