MOUNT VERNON — A Mount Vernon man was in court Thursday for a motion to suppress hearing to determine if evidence could be admissible in his upcoming trial.

Attorneys argued and questioned witnesses for both sides as Kevin R. Fawcett Jr., 41, listened from the defense table in front of Judge Richard D. Wetzel during the afternoon session. Wetzel will make his determination and present his decision on a date to be determined later.

Three witnesses testified in open court with Knox County Prosecuting Attorney Chip McConville presenting the state’s side of the case, and defense attorney Robert Rolf Whitney arguing on behalf of Fawcett.

This particular case stemmed from a traffic stop of Fawcett by Mount Vernon Police Department Detective Jessica Butler on June 17, 2018.

Butler, who was the first of three witnesses to testify, said that she saw Fawcett drive by her on Coshocton Avenue, recognized him and was told by the dispatcher that he was driving on a suspended license and then she pulled him over.

According to her testimony, she pulled Fawcett over on Eastgate Drive after discovering that his vehicle had a license plate and a registration that didn’t match each other or establish Fawcett as the owner of the car. After pulling him over, she realized that he had a BB gun that closely resembled an actual firearm in the passenger side, a bullet in the console and two concealed swords in his back seat. She then arrested him for carrying concealed weapons.

She testified that she followed protocol and had assistance from Patrolmen Zachary Miller and Joshua Kirby, who both also testified.

McConville questioned Butler’s account of events and she further explained that after Fawcett was arrested and taken to jail by Kirby, she and Miller impounded the car and continued searching for weapons — particularly a firearm that matched the bullet that was found earlier.

In searching for a weapon, they found three baggies, drugs and drug paraphernalia in the console as well as two more weapons in the trunk. Fawcett also forfeited cash and several cell phones at the jail while he was being booked.

McConville had Butler recount the events during the stop and he had her read from a book of police department regulations while Whitney asked more specific questions about the search that she and Miller did after Fawcett was taken to jail.

Fawcett is also awaiting trial on at least one other case that was another traffic stop in April 2018, where he was arrested and charged on three counts of having weapons under disability, all third-degree felonies, and one count of aggravated trafficking of drugs, a second-degree felony.

 

John Wareham: 740-397-5333 or john.wareham@mountvernonnews.com and on Twitter, @mountvernonnews

 

 

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