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Published: Friday, 5/11/2001

Judge says no to plea to suppress evidence

TIFFIN - Judge Michael Kelbley of Seneca County Common Pleas Court has refused to suppress evidence seized from the car of a Bellevue area man who is charged with committing a series of pizza shop robberies.

Derek DeVine, an attorney for David Myers, argued yesterday in court that authorities had no probable cause to stop Mr. Myers' car in Clyde early on Feb. 21. Hours earlier, pizza businesses in Tiffin and Fremont had been robbed at gunpoint by a man matching his description.

Mr. DeVine said police arrested Mr. Myers, then searched his car for evidence. But Clyde police Chief Bruce Gower and other law enforcement officers involved in the stop said Mr. Myers was detained - not arrested - while authorities investigated and determined that he was the likely suspect.

Mr. Myers, 29, is charged with aggravated robbery with a firearm, attempted aggravated robbery with a firearm, and two counts of possession of criminal tools. He faces additional charges in Sandusky County.

A Bellevue-area woman, Katherine Cullen, 20, was convicted of charges related to two of the robberies and sentenced to a total of 11 years in prison last month.



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