| Ronnie Rush will appear in Calhoun Circuit Court today before Judge Thomas Evans III to hear his sentence for the double homicide of Ward Groves and his ex-wife Mary Hicks.
Groves and Hicks were shot to death in their beds in May, 2003.
Rush also faces sentencing on other charges related to burglary and larceny.
Judge Evans rejected motions in January by Rush's defense attorney for a new trial.
Teresa Monk said a new trial was in order based on testimony that Rush's rights were violated. "This young man asked for counsel twice," she said, indicating he suffers from limited mental capabilities.
Evans responded "He plainly knew what his rights were," saying that he was apprised of his Miranda Rights four times, even when the State Police were not compelled to give them.
Monk said State Police failed to respond to Rush's request for an attorney when Sgt. Dale Fluharty disrupted a lie detector test.
Evans cited an excerpt from a recorded interview hours before Rush was arrested. Cpl. Doug Starcher asked Rush if he wanted an attorney, after which Rush responded by saying "I don't know." Cpl. Starcher then said "Does that mean yes or no?" Rush then says "No."
"He could have left. He hadn't been charged," said Evans.
During the January hearing, Monk presented a motion to set aside a verdict of robbery, saying the charge did not qualify as a robbery. Judge Evans responded by saying "This is a novel argument," on technical grounds, but still denied the motion.
The defendant's attorney then made a motion to sentence Rush as a juvenile. The double murder was committed when Rush was 16-years-old.
Judge Evans said he would take that motion under advisement and ordered Rush's juvenile probation records be given to Adult Probation Officer Patsy McCartney.
He asked McCartney to do a pre-sentence investigation.
Rush has been in Central Regional Jail without bond being set.
SEE Herald Archives 12/23/04 "Rush Found Guilty Of Voluntary Manslaughter"
SEE Herald Archives 1/26/05 "Judge Denies Rush New Trial"
Check SEARCH for earlier stories leading to tomorrow's sentencing.
Other cases on today's docket:
- State vs. Christopher Cox, counselor Greta Davis, pre-trial motions.
- State vs. Michael Lee Smith, counselor Greta Davis, suppression hearing.
- State vs. Adam Parsons, counselor Greta Davis, plea.
- Civil Case: Erie Insurance vs. Debbie Jensen
Court is scheduled to begin at 9:30 a.m.
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