Posted September 7, 2011 3:01 pm by Trish Mehaffey/SourceMedia Group News
MARENGO – The 32-year-old Nebraska man accused of killing an I-80 maintenance worker last year waived his right to a jury trial Wednesday and his bench trial will start Oct. 18 in Iowa County District Court.
Sixth Judicial District Judge Nancy Baumgartner accepted Peter Riggs’ waiver, saying the bench trial will be a cost savings to the county and the state. A jury trial would have taken place in Davenport because a change of venue had been granted based on pre-trial publicity.
Riggs, of Columbus, Neb., charged with first-degree murder, is accused of shooting and killing Jeffrey McAdam, 46, of Victor, in the men’s bathroom at the rest stop near Victor May 29, 2010.
The trial will now start one day later on Oct. 18 because Iowa County starts trials on Tuesdays.
The court also heard arguments regarding the defense’s motion to suppress the weapon police believe was used in the killing because it was illegally seized. Baumgartner said she would take the arguments under advisement and rule later.
Peter Persaud, Riggs’ attorney, argued deputies who arrested Riggs in Johnson County after the shooting didn’t have probable cause to search his vehicle, where they found two .9 mm pistols, a stun gun and a double bladed martial arts knife.
Assistant Attorney General Douglas Hammerand, who is prosecuting the case, argued the deputies thought there was some kind of criminal activity because of what Riggs said regarding weapons in his car. The alleged murder weapon, a .9mm pistol was found in a cooler on the passenger side floorboard, which was easily accessible to Riggs and put the officers in danger.
Johnson County Sheriff’s Sgt. Dan Quiles, who is now retired and works part-time for the department, testified he was assisting a couple with flat tire about 10:44 p.m. on eastbound I-80 May 29, when Riggs pulled over his vehicle with flasher activated ahead of the couple and a wrecker also at the scene.
Quiles walked up to check on Riggs because it was a holiday weekend and thought he might be lost or might be intoxicated. He walked up with a flashlight on the passenger side and tapped on the window. Riggs told him he wanted to turn himself in.
Quiles asked if Riggs had a warrant out for him or was wanted and he said yes. Quiles then asked what he was wanted for and Riggs, becoming irritated, said “Do you want me or not. I don’t want to run anymore.”
Quiles asked Riggs if he had any weapons on him and he said “Not on me.”
“I asked if he had any weapons in the car and he said ‘None that I’m planning on using now,’” Quiles said.
Riggs was then asked to put his hands on the steering wheel for safety reasons and Quiles then backed off to tell the couple and the wrecker driver to leave the area because of his suspicions about weapons.
Quiles said he then called for back up and when they arrived he and the two other deputies approached the car and Riggs was holding a gaming device in his hands. Quiles asked him to get out and go to the back of his car, out of traffic area, and patted him down. Riggs was handcuffed for his safety and the officers. He wasn’t arrested at this point, Quiles said.
Persaud asked Quiles if he asked Riggs if he had a permit to carry a concealed weapon or if they asked for consent to search his car.
Quiles said no.
Johnson County Sheriff’s Dep. Dan Snow testified he found one .9mm pistol in the cooler on the front passenger side floorboard, which was loaded and there was a bullet in the chamber. A stun gun, double bladed knife and ammunition were found in the backseat area and another .9 mm pistol was found in the trunk.
Riggs was then arrested on carrying weapons charges.
Persaud also argued any statements made by Riggs during his transport from Johnson County to Iowa County for the McAdam slaying should also be suppressed because Riggs earlier invoked his rights to remain silent with Johnson County authorities. A few hours later an Iowa County deputy read Riggs his miranda rights and continued questioning him.
Persaud said in light of Baumgartner’s previous ruling that Riggs’ statements to Johnson County authorities wouldn’t be admissible, these statements also shouldn’t be allowed.
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