Prosecutors allege that a man was caught on video hiding a bloody jacket and gloves shortly after the murder of Laken Riley, a student.
Georgia law enforcement is accused of illegally collecting evidence by Jose Ibarra, an illegal immigrant.
WARNING: GRAPHIC
Georgia prosecutors are opposing Jose Ibarra's request to exclude certain evidence in the Laken Riley murder case, claiming that specific items such as a bloody jacket, gloves, and a fingerprint match him to the heinous crime.
On the morning of Feb. 22, Riley, a 22-year-old student at the University of Georgia in Athens, was attacked and killed by Ibarra, a 26-year-old illegal immigrant from Venezuela while she was out for a run along dirt trails.
Ibarra requested a hearing from an Athens-Clarke County court to suppress evidence, including cellphones, a buccal swab, and social media accounts, arguing that they were illegally obtained by law enforcement and that detectives entered his residence without a search warrant.
According to court documents filed this week, prosecutors allege that law enforcement entered Ibarra's Athens apartment near UGA's campus, where he resided with his two brothers who are also living in the United States illegally from Venezuela, due to concerns that the four individuals present in the apartment less than 12 hours after Riley's murder might "destroy evidence."
"According to the State, the evidence will reveal that shortly after Laken Riley's murder, local law enforcement officers were searching for individuals shown in two different videos. The first video was recorded near and around the University Village housing building 'S', which was linked to the peeping Tom incident. The second video was taken at the dumpster of the apartment complex adjacent to UGA property, just over half a mile from where Laken Riley was killed."
In May, a Georgia grand jury charged Ibarra with malice murder, two counts of kidnapping with bodily injury, two counts of aggravated assault with intent to rape, two counts of aggravated battery, obstructing or hindering a person from making a 911 call, tampering with evidence, and being a "peeping Tom."
The suspect is charged with causing Riley's death by inflicting blunt-force trauma to her head and "asphyxiating her in a manner unknown to jurors," according to the indictment. Additionally, he is accused of going to a UGA campus residence, where he "peered through" a window and "spied upon" a university staff member on the same day he allegedly killed Riley, the indictment claims.
The video footage of a Latino male discarding a bloody jacket and gloves near a dumpster at Ibarra's apartment complex near UGA, just 30 minutes after the murder of Laken Riley and within a half mile of her body, has been described as clear by prosecutors.
Prosecutors stated that the dumpster video revealed the Latino male was wearing a black baseball cap with a white Adidas logo, white script beneath the logo, and a sticker on the bill of the hat.
An Athens-Clarke County Sheriff's Office sergeant spotted a Latino male wearing an "identical" hat in public, in broad daylight, walking in the apartment complex just less than 12 hours after the man in the video disposed of the bloody jacket and gloves.
Diego Ibarra, Jose Ibarra's older brother, presented a fraudulent green card to the officer and was detained until another Spanish-speaking officer arrived to speak with him.
The decision to secure the apartment pending a search warrant was reasonable and did not violate the Fourth Amendment, as authorities believed there was probable cause to find evidence of murder inside, according to court documents.
WATCH: GEORGIA INVESTIGATORS SEARCH TRASH BINS NEAR SCENE OF LAKEN RILEY MURDER
Prosecutors argued that requiring officers to remain outside Defendant's apartment while evidence of the murder was being destroyed inside would be unreasonable and against common sense.
The witness who conducted DNA testing during Riley's autopsy is also being argued against by Ibarra, who claims that the results did not exclude the defendant but also did not exclude another individual associated with the case.
The DNA evidence in Jose Ibarra's case "comes from significant and relevant items of evidence such as Laken Riley’s fingernails, the discarded bloody gloves, the black adidas baseball cap, and the blue ‘hoodie’ style jacket, all of which report a match statistic that will aid the jury in its determination of the guilt or innocence of Defendant for the crimes charged in the indictment."
It appears that detectives found a match between Jose Ibarra's thumbprint and Laken Riley's cell phone.
In September 2022, a 26-year-old suspect entered the United States illegally through El Paso, Texas, and was released via parole. His older brother, Diego Ibarra, is accused of green card fraud and has ties to a known Venezuelan gang in the U.S., according to court documents.
Over the past eight years, UGA has invested $16 million to improve safety on campus, including hiring more police officers, installing more security cameras, enhancing lighting, establishing a nightly rideshare program, and creating the UGASafe app.
Since February, the school has allocated more than $7.3 million to enhance safety measures, including a 20% increase to UGA's police budget, emergency blue lights, and a university-focused rideshare program.
Ibarra's trial is scheduled to take place in November.
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