GUILTY CO - Madelaine Loh, 27, Delta County, 19 Jun 2018 *arrest*

Discussion in 'Trials' started by cybervampira, Jun 26, 2018.

  1. Niner

    Niner Long time Websleuther

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    do you have a link to this article you just posted @mistivon ??
     
  2. mistivon

    mistivon Verified Insider - Maricela Garcia

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    @Niner its the one you posted a link to way back and asked for a synopsis of. I noticed no one ever gave it to you so I did :)
     
  3. Niner

    Niner Long time Websleuther

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    Oh - Okay! [​IMG] a bunch!!
     
  4. Niner

    Niner Long time Websleuther

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    Monday, Nov. 19th:
    *Arraignment Hearing & (@ 10am MT) – CO - Madelaine Loy (27) (June 19, 2018, Delta County, reported missing 6/24/18, found 6/27/18 in Utah) – *Edgar Macias-Moreno (24) (BF) arrested & charged (6/27/18) with 1st degree murder after deliberation, 2nd degree kidnapping, reckless endangerment, abused of corpse, aggravated car theft, illegal use of credit cards, fraud, concealing death, morals decency & cruelty to animal. $10M bond.
    6/27/18: admits to killing, turned himself in. 7/12/18 Update: Hearing was brief, next Prelim hearing on 8/1/18. 8/2/18 Update: Setting (trial date) hearing on 8/15 & Hearing on Advisement. 8/15/18 Update: Set trial date & plea hearing on 8/29. 8/29/18 Update: Next Prelim/Plea Hearing on 9/20.
    9/20/18 Update: Next Arraignment hearing on 11/19 & Plea Hearing on 11/28.
     
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  5. Niner

    Niner Long time Websleuther

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    Docket for: Delta County - Delta County Combined Court
    Showing 1 - 2 of 2 records

    Date Len Name Hearing Type Case # Location Division
    11/28/18
    1:30 PM 1H MACIAS-MORENO, EDGAR Plea Hearing C152016M163 Delta County Division A

    12/31/18
    10:00 AM 1H MACIAS-MORENO, EDGAR Plea Hearing D152018CR189 Delta County Division 1

    link: Seventh Judicial District » Docket Search
     
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  6. Niner

    Niner Long time Websleuther

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    Wednesday, November 28th:
    *Plea Hearing (Murder) (@ 1:30pm MT) – CO - Madelaine Loy (27) (June 19, 2018, Delta County, reported missing 6/24/18, found 6/27/18 in Utah) – *Edgar Macias-Moreno (24) (BF) arrested & charged (6/27/18) with 1st degree murder after deliberation, 2nd degree kidnapping, reckless endangerment, abused of corpse, aggravated car theft, illegal use of credit cards, fraud, concealing death, morals decency & cruelty to animal. $10M bond.
    6/27/18: admits to killing, turned himself in. 7/12/18 Update: Hearing was brief, next Prelim hearing on 8/1/18. 8/2/18 Update: Setting (trial date) hearing on 8/15 & Hearing on Advisement. 8/15/18 Update: Set trial date & plea hearing on 8/29. 8/29/18 Update: Next Prelim/Plea Hearing on 9/20.
    9/20/18 Update: Next Arraignment hearing on 11/19 & Plea Hearing on 11/28.

    11/19/18 Update: Next Plea hearing (Murder) on 11/28 & Plea hearing (Fraud) on 12/31.
     
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  7. Niner

    Niner Long time Websleuther

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    Docket for: Delta County - Delta County Combined Court
    Showing 1 - 2 of 2 records

    Date Len Name Hearing Type Case # Location Division
    12/31/18
    10:00 AM 1H MACIAS-MORENO, EDGAR Plea Hearing D152018CR189 Delta County Division 1

    1/10/19
    11:30 AM 1H MACIAS-MORENO, EDGAR Motions Hearing C152016M163 Delta County Division A


    Link: Seventh Judicial District » Docket Search

    12/31 hearing is for Fraud
    1/10 hearing is for Murder
     
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  8. Niner

    Niner Long time Websleuther

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    Monday, Dec. 31st:
    *Plea Hearing (Fraud) (@ 10am MT) – CO - Madelaine Loy (27) (June 19, 2018, Delta County, reported missing 6/24/18, found 6/27/18 in Utah) – *Edgar Macias-Moreno (24) (BF) arrested & charged (6/27/18) with 1st degree murder after deliberation, 2nd degree kidnapping, reckless endangerment, abused of corpse, aggravated car theft, illegal use of credit cards, fraud, concealing death, morals decency & cruelty to animal. $10M bond.
    6/27/18: admits to killing, turned himself in. 7/12/18: Hearing was brief, next Prelim hearing on 8/1/18. 8/2/18: Setting (trial date) hearing on 8/15 & Hearing on Advisement. 8/15/18: Set trial date & plea hearing on 8/29. 8/29/18: Next Prelim/Plea Hearing on 9/20.
    9/20/18 Update: Next Arraignment hearing on 11/19 & Plea Hearing on 11/28.
    11/19/18 Update: Next Plea hearing (Murder) on 11/28 & Plea hearing (Fraud) on 12/31.
    11/28/18 Update: Plea Hearing (Fraud) on 12/31 & Motions hearing (Murder) on 1/10/19.
     
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  9. Niner

    Niner Long time Websleuther

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    Looks like his Plea hearing for fraud case has been continued:

    Docket for: Delta County - Delta County Combined Court
    Showing 1 - 2 of 2 records

    Date Len Name Hearing Type Case # Location Division
    1/10/19
    11:30 AM 1H MACIAS-MORENO, EDGAR Motions Hearing C152016M163 Delta County Division A

    2/8/19
    9:00 AM 1H MACIAS-MORENO, EDGAR Plea Hearing D152018CR189 Delta County Division 1

    link: Seventh Judicial District » Docket Search
     
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  10. Niner

    Niner Long time Websleuther

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    Thursday, January 10th:
    *Motions Hearing (Murder) (@ 11:30am MT) – CO - Madelaine Loy (27) (June 19, 2018, Delta County, reported missing 6/24/18, found 6/27/18 in Utah) – *Edgar Macias-Moreno (24) (BF) arrested & charged (6/27/18) with 1st degree murder after deliberation, 2nd degree kidnapping, reckless endangerment, abused of corpse, aggravated car theft, illegal use of credit cards, fraud, concealing death, morals decency & cruelty to animal. $10M bond.
    Murder(C152016M163/Fraud D152018CR189
    6/27/18: admits to killing, turned himself in. 7/12/18 Update: Hearing was brief, next Prelim hearing on 8/1/18. 8/2/18 Update: Setting (trial date) hearing on 8/15 & Hearing on Advisement. 8/15/18 Update: Set trial date & plea hearing on 8/29. 8/29/18 Update: Next Prelim/Plea Hearing on 9/20.
    9/20/18 Update: Next Arraignment hearing on 11/19 & Plea Hearing on 11/28. 11/19/18: Next Plea hearing (Murder) on 11/28 & Plea hearing (Fraud) on 12/31. 11/28/18: Next Plea hearing (Fraud) on 12/31 & Motions hearing (Murder) on 1/10/19.
    12/31/18 Update: Plea hearing for fraud continued to 2/8.
     
  11. Niner

    Niner Long time Websleuther

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    No update on next hearing for murder case. Below is for Fraud case.

    Date Len Name Hearing Type Case # Location Division
    2/8/19
    9:00 AM 1H MACIAS-MORENO, EDGAR Plea Hearing D152018CR189 Delta County Division 1

    link: Seventh Judicial District » Docket Search
     
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  12. Niner

    Niner Long time Websleuther

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    Friday, February 8th:
    *Plea Hearing (Fraud Charges) (@ 10am MT) – CO - Madelaine Loy (27) (June 19, 2018, Delta County, reported missing 6/24/18, found 6/27/18 in Utah) – *Edgar Macias-Moreno (24) (BF) arrested & charged (6/27/18) with 1st degree murder after deliberation, 2nd degree kidnapping, reckless endangerment, abused of corpse, aggravated car theft, illegal use of credit cards, fraud, concealing death, morals decency & cruelty to animal. $10M bond.
    Delta County Murder(C152016M163/Fraud D152018CR189
    6/27/18: admits to killing, turned himself in. 7/12/18 Update: Hearing was brief, next Prelim hearing on 8/1/18. 8/2/18 Update: Setting (trial date) hearing on 8/15 & Hearing on Advisement. 8/15/18 Update: Set trial date & plea hearing on 8/29. 8/29/18 Update: Next Prelim/Plea Hearing on 9/20.
    9/20/18 Update: Next Arraignment hearing on 11/19 & Plea Hearing on 11/28.
    11/19/18 Update: Next Plea hearing (Murder) on 11/28 & Plea hearing (Fraud) on 12/31. 11/28/18: Plea Hearing (Fraud) on 12/31 & Motions hearing (Murder) on 1/10/19. 1/10/19: No update on next Murder charge hearing date – as of 1/12/19.
    12/31/18 Update: Plea hearing (Fraud) continued to 2/8.
     
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  13. Niner

    Niner Long time Websleuther

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    Fraud charges:

    Docket for: Delta County - Delta County Combined Court
    Showing 1 - 1 of 1 records

    Date Len Name Hearing Type Case # Location Division
    6/5/19
    9:00 AM 3H MACIAS-MORENO, EDGAR Motions Hearing D152018CR189 Delta County Magistrate Division 1

    link: Seventh Judicial District » Docket Search


    No court date for murder charges on site.
     
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  14. Niner

    Niner Long time Websleuther

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    Wednesday, June 5th:
    *Plea Hearing (Fraud Charges) (@ 10am MT) – CO - Madelaine Loy (27) (June 19, 2018, Delta County, reported missing 6/24/18, found 6/27/18 in Utah) – *Edgar Macias-Moreno (24) (BF) arrested & charged (6/27/18) with 1st degree murder after deliberation, 2nd degree kidnapping, reckless endangerment, abused of corpse, aggravated car theft, illegal use of credit cards, fraud, concealing death, morals decency & cruelty to animal. $10M bond.
    Delta County Murder (C152016M163/Fraud D152018CR189
    6/27/18: admits to killing, turned himself in. 7/12/18 Update: Hearing was brief, next Prelim hearing on 8/1/18. 8/2/18 Update: Setting (trial date) hearing on 8/15 & Hearing on Advisement. 8/15/18 Update: Set trial date & plea hearing on 8/29. 8/29/18 Update: Next Prelim/Plea Hearing on 9/20. 9/20/18: Next Arraignment hearing on 11/19 & Plea Hearing on 11/28.
    11/19/18 Update: Next Plea hearing (Murder) on 11/28 & Plea hearing (Fraud) on 12/31. 11/28/18: Plea Hearing (Fraud) on 12/31 & Motions hearing (Murder) on 1/10/19. 1/10/19: No update on next Murder charge hearing date – as of 6/4/19.
    12/31/18 Update: Plea hearing (Fraud) continued to 2/8. 2/8/19: Next for Fraud charges Motion hearing 6/5.
     
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  15. Niner

    Niner Long time Websleuther

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    hmmmm.... this guy seems to have disappeared from the court site??
     
  16. Niner

    Niner Long time Websleuther

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    Just got this in google alert - but of course I can't access it here.

    Murder suspect seeks suppression of statements

    If someone could give a 10% synopsis on this - with a court if it's there - it would very much appreciated! TIA :)
     
  17. Niner

    Niner Long time Websleuther

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    I guess he plead guilty and got sentenced as he is no longer in the system.

    Anyone around here reading - what does the article say in #56?

    @SeesSeas ?? :)

    TIA! :)
     
  18. SeesSeas

    SeesSeas FLORIDIAN

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    No court dates in article.
    Murder suspect seeks suppression of statements
    Jun 6, 2019

    Here is another link for same article published 6 days later (June 12):
    Murder suspect seeks suppression of statements
    Murder suspect seeks suppression of statements

    By Katharhynn Heidelberg
    Published: Published June 12, 2019


    Whether statements made to law enforcement can be used against murder suspect Edgar Macias-Moreno hinge on the court’s determination of when he was “in custody.”

    Macias-Moreno, who is charged with first-degree murder in the strangulation death of Hotchkiss resident Madelaine Loh almost a year ago, wants what he told Delta County Sheriff’s Office investigators early June 27, 2018, to be suppressed.

    Although Macias-Moreno was advised of his rights once the decision was made to arrest him, and although he was up until that point told he was free to leave, his defense contends that he was functionally in custody from the moment then-investigator Quinn Archibeque began talking to him, so the Miranda warning he was given came too late.

    Macias-Moreno was interviewed in a secure area and was escorted to and fro when he went out for a smoke or the restroom, plus he was in the presence of armed officers who were pumping him for information in a room with a camera and recorder, but no phone, public defender Shandea Sergent said during a four-hour hearing Wednesday.

    “Mr. Macias-Moreno was not in a position where he felt he could leave. … He clearly was in custody,” she said, arguing for the entire interview to be suppressed.

    But Assistant District Attorney Barbara Sanford said Macias-Moreno came to the DCSO voluntarily that morning, chose the time of his visit, and volunteered information to Archibeque, who initially did not know any crime had been committed, and who only asked reasonable followup questions prior to making an arrest.

    Macias-Moreno was properly advised once the decision was made to actually take him into custody, and no further questioning took place after he invoked his right to counsel, Sanford said.

    When Macias-Moreno arrived at the DCSO shortly after 5 a.m. June 27, 2018, both he and Loh, his girlfriend, were the subjects of a missing persons report made about a week prior.
    [...]
    Based on what Macias-Moreno allegedly told Archibeque, authorities were able to locate Loh’s body in Millard County, Utah. They found the burned vehicle near Orangeville, also in Utah. The affidavit does not say how Macias-Moreno returned to Delta County.

    Dispatchers summoned Archibeque to the DCSO at about 5:15 a.m. last June 2018, he testified Wednesday. Macias-Moreno had come to the department, along with family members.

    Because no deputy was available to let them inside, Archibeque arranged through dispatch to have a Delta Police Department officer admit the group, then made his way there. He took Macias-Moreno to an interview room, the door of which does not lock, and began speaking to him a few minutes before 6 a.m.

    They made small talk; Macias-Moreno was offered coffee, and asked if he would be able to see his brother, once the other man arrived.

    Sanford later said that, contrary to the defense’s indication, Archibeque did not condition Macias-Moreno’s access to his brother on continuing the interview.

    “I remember he came in voluntarily to talk to me. I told him he was not under arrest,” said Archibeque, who is now the Delta County undersheriff.

    He said he did not start out the interview with the belief Macias-Moreno had committed a crime and did not even know one might have been committed.

    The interview room where Macias-Moreno was is located in a “secure” section of the DCSO, designated as such because evidence, sensitive information and weapons are all stored there, Archibeque later said.

    Macias-Moreno was not physically restrained and the tenor of the interview was “not accusatory,” Archibeque said.

    “He told me he may be the reason Maddie (Loh) is missing. … He talked for several minutes, telling the story,” Archibeque said.

    The undersheriff said he asked only a few followup questions, to clarify the locations Macias-Moreno was giving, since these did not match up with what Archibeque knew about them. The investigator also brought in at atlas and some more detailed computer-generated maps, which he said Macias-Moreno used to point out specific locations.

    During the conversation, Macias-Moreno allegedly told Archibeque he had strangled Loh. He also said Macias-Moreno told him of contemplating suicide on various occasions over a period of days, even to the point of standing on the top of a cliff.

    “He was crying. He needed a break,” Archibeque said, testifying Macias-Moreno was given two or three breaks during the interview, which lasted about four hours.

    During one of those breaks, Macias-Moreno went for a smoke; Archibeque said he sent him outside with a detective who also was a smoker.

    That detective later testified that Macias-Moreno appeared very tired, but that he did not speak with him about the case. Sergent argued that the detective’s decision demonstrated her client was in custody at that time — the witness didn’t talk to Macias-Moreno because he had not yet been advised.

    During the breaks, Archibeque said he conferred with other officers to verify information he was receiving.

    “We made a decision he was no longer free to leave. … He was told he was no longer free to leave,” Archibeque said.

    At that point, he read Macias-Moreno his Miranda warning. Macias-Moreno asked to think it over and confer with his family before proceeding with the interview. After that happened, he invoked his right to remain silent and to an attorney and was jailed.

    Sergent during her questioning and argument suggested Macias-Moreno’s visit to the DCSO wasn’t voluntary, but had been made in response to deputies’ visits to the family home when he was still considered a missing person. She also pointed to a supplemental report that said Macias-Moreno asked to see his brother “before anything happens.”

    Sergent argued Archibeque’s line of questioning lent itself to incriminating responses, but the larger issue was that of custody.

    “Mr. Macias-Moreno was in custody … from the minute he was in the interrogation room,” she said. (Sergent later specified she meant from the moment Archibeque began talking to her client.)

    “For what?” District Judge Steven Schultz said, asking Sergent for specific case citations showing that beginning an interview is the functional equivalent of “custody.” He said there is case law indicating a person who arrives to a law enforcement facility on his own is not, at that time, in custody.

    Sergent said the time, the place and the purpose of the encounter all point to Macias-Moreno being in custody and added it was clear he did not, in fact, believe he could just leave.

    Further, once Macias-Moreno allegedly said he might be the reason Loh was missing, there was no justification for Archibeque not advising him of his rights, Sergent said.

    “There would be a clear sign that a crime had been committed,” she said.

    Sanford said, however, that the time had been of Macias-Moreno’s choosing, as had the location, since he came in on his own. Archibeque had not known the purpose of the visit until much later, during a “low-key” and “non-accusatory” interview in a room that didn’t even have a locking door, Sanford said.

    Any overall “societal pressure” to talk with law enforcement when asked does not transform a consensual encounter into “custody,” she said.

    Schultz asked Sanford about instances in which it appeared as though Macias-Moreno’s movements were restricted.

    “On balance, he was not in custody,” Sanford said. Archibeque also did not exploit Macias-Moreno’s mental or physical condition, she said.

    Further, the defendant’s statements about Loh were made voluntarily during a non-custodial interrogation, the ADA said.

    Schultz will issue a written decision at a later date.
     
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  19. Niner

    Niner Long time Websleuther

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    This is the Fraud case:

    Date Len Name Hearing Type Case # Location Division
    7/1/19
    11:00 AM 1H MACIAS-MORENO, EDGAR Status Conference D152018CR189 Delta County Division 1

    link: Seventh Judicial District » Docket Search


    Not sure what happened to his murder case - the # is C152016M163 - if someone knows "how" to look up the case # by it self & find out "what" is going on?

    TIA! :)
     
  20. Niner

    Niner Long time Websleuther

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    Monday, July 1st:
    *Status Hearing (Fraud Charges) (@ 11am MT) – CO - Madelaine Loh (27) (June 19, 2018, Delta County, reported missing 6/24/18, found 6/27/18 in Utah) – *Edgar Macias-Moreno (24) (BF) arrested & charged (6/27/18) with 1st degree murder after deliberation, 2nd degree kidnapping, reckless endangerment, abused of corpse, aggravated car theft, illegal use of credit cards, fraud, concealing death, morals decency & cruelty to animal. $10M bond. Delta County
    6/27/18: admits to killing, turned himself in. 7/12/18 Update: Hearing was brief, next Prelim hearing on 8/1/18. 8/2/18 Update: Setting (trial date) hearing on 8/15 & Hearing on Advisement. 8/15/18 Update: Set trial date & plea hearing on 8/29. 8/29/18 Update: Next Prelim/Plea Hearing on 9/20.
    9/20/18 Update: Next Arraignment hearing on 11/19 & Plea Hearing on 11/28/18. 11/19/18: Next Plea hearing (Murder) on 11/28 & Plea hearing (Fraud) on 12/31.

    11/28/18 Update: Plea Hearing (Fraud) on 12/31 & Motions hearing (Murder) on 1/10/19. 1/10/19: No update on next Murder charge hearing date – as of 6/28/19.
    12/31/18 Update: Plea hearing (Fraud) continued to 2/8. 2/8/19: Next for Fraud charges Motion hearing 6/5.
    6/5/19 Update: Next status hearing for Fraud charges on 7/1. 6/5/19: Defense files motion to suppress what he told Delta County Sheriff’s Office investigators early June 27, 2018, to be suppressed. No ruling from Judge as of 6/6/19.
     

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