CHARLESTON, W.Va. – The Supreme Court of Appeals of West Virginia has ruled statements and DNA evidence in a 2016 sexual assault case can be used in court.
In May of 2016, documents indicate an employee of Casa D’Amici’s Restaurant, Cesar Felix agreed to give an intoxicated patron a ride home.
On the way home, Felix stopped in a parking lot and assaulted the victim. The victim fought back and screamed until Felix stopped and fled.
The victim went to a local hospital to conduct a male DNA sex crimes kit.
During the investigation, the victim confirmed the identity of Felix to police through the use video surveillance for the restaurant.
Later, Felix and an interpreter who was a family friend, provided statements to police and agreed to provide a DNA sample. Felix and his legal team asked the state to suppress the evidence because his Fourth and Fifth Amendments were violated.
The DNA samples from the victim and Cesar Felix did match.
Judge Elizabeth D. Walker delivered the opinion saying,” Mr. Felix’s statement was voluntary and not the product of coercive policy activity. So, Mr. Felix’s Fifth Amendment privilege against self incrimination and due process rights were not violated.”
The State also noted Felix agreed to provide the DNA sample, and signed written authorization for the search. Further, the opinion says Felix’s attempt to claim his interpreter acted as an agent of the Morgantown Police Department was a “complete fabrication and misstatement of the facts.”
Mon County Circuit Court granted the suppression order in July of 2020.
Justice William Wooten dissented.