He is charged with charged with several felony counts, including aggravated murder and two counts of murder.
His attorney, Keith Fricker, filed multiple requests, including for medical records from the Butler County Jail, a use of force report and the jail calls Garcia-Gutierrez made to prepare for the upcoming trial.
The Journal-News reported in December the defendant’s attorney said police violated his rights, and his alleged confession should be thrown out. In addition to the aggravated murder and murder charges, Garcia-Gutierrez is charged with two counts of felonious assault and kidnapping with a firearms specification.
Oviedo, 41, was found dead on April 1, 2024, after Hamilton police officers were called about a body in the 1100 block of South 13th Street. Investigators believe Garcia-Gutierrez committed the homicide before he was arrested on other charges.
He was arrested on March 16, 2024 on possession of drugs, carrying a concealed weapon, using weapons while intoxicated, and obstructing official business.
Fricker had previously moved to suppress evidence, claiming because Garcia-Gutierrez is illiterate and “the Hamilton detective interrogated the defendant knowing he was unable to read or write either (English or Spanish) and without the aid of an interpreter being present.”
McElfresh eventually overruled the motion to suppress last month.
Both criminal cases will be tried the week of May 12, McElfresh ordered, and Garcia-Gutierrez has a $5 million cash or surety bond.
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