DIXON – An agreement has been reached by attorneys on both sides to dismiss statements given to police by an Amboy man accused of murder.
Matthew Welling, 32, is charged with five counts of first-degree murder and two counts of home invasion. Police say he pushed his way into the Amboy home of Delmar Leroy Daniels, 79, on July 18 and killed him during a struggle.
The agreement filed May 9 throws out any statements after Welling told police: “I want a lawyer now. You’re starting to put things in my head that aren’t, aren’t there. I want a lawyer now,” Judge Ron Jacobsen said during a hearing Friday.
Police continued to interview Welling after he asked for a lawyer and interviewed him again the next day without providing him a lawyer or giving him the public defender’s name, the motion filed by public defender Bob Thompson said.
According to the motion filed Jan. 10, Welling again asked for a lawyer, saying, “I want a lawyer now. I mean you got your charge. Get me a lawyer, just get me a lawyer. I don’t, I told you everything I know. Get me a lawyer. I think I’m getting screwed here now.”
Also, Thompson said Friday that DNA testing brought into the case by the defense will be delayed “a couple of weeks.”
According to the motion to exclude evidence, filed Dec. 27, Thompson was told July 26 that a company cleaned the crime scene before Thompson could see it despite a text message he sent July 20 to Lee County Detective Sgt. Dave Glessner that he was available July 23 or any time afterward to review the scene.
Because he could not see evidence, Welling suffered “irreparable and irreversible harm in his defense to the case and thus loses his right to a fair jury trial due to the state’s destruction of evidence,” the motion said.
The next hearing is scheduled July 11.
Welling, who pleaded not guilty Aug. 8, is in Lee County Jail on $2 million bond.