Suspect wants statements struck.

PositionLOCAL NEWS

Byline: Gary V. Murray

WORCESTER - The suspect in a fatal 2010 shooting in Crompton Park is asking a judge to preclude prosecutors from using his statements to police as evidence against him at trial.

Carl Larocque, 25, of 31 Harlem St., is awaiting trial in Worcester Superior Court on murder and firearm charges in the Nov. 28, 2010, shooting death of 21-year-old Kevin J. Shavies Jr.

Prosecutors contend the two men had been good friends, but had a falling out in the weeks leading up to Mr. Shavies' death. Mr. Larocque was charged with Mr. Shavies' murder on June 24, 2011, and was indicted about three months later, moving his case to Worcester Superior Court.

He has remained in custody without bail since the time of his arrest.

His lawyer, Randall K. Power, filed a motion last month seeking the suppression of statements his client made to police on the day of the arrest. Mr. Power maintains the statements were obtained in violation of Mr. Larocque's constitutional rights.

The motion, which has been scheduled for a March 1 hearing, also seeks the suppression of any evidence derived from the statements as "fruits of the poisonous tree."

In an affidavit filed in court last year in support of a prosecution motion seeking a DNA sample from Mr. Larocque, Worcester Police Sgt. Gary J. Quitadamo said he was one of the officers who interviewed the suspect on Friday, June 24, 2011. According to the affidavit, Mr. Larocque admitted to police that he was in the park with Mr. Shavies and said that an argument and struggle ensued.

Mr. Shavies told investigators he fired a handgun during the course of the struggle, according to Detective Quitadamo.

An autopsy determined that Mr. Shavies died from a gunshot wound to the head. Prosecutors sought a sample of Mr. Larocque's DNA for comparison with physical evidence recovered at the time of Mr. Shavies' autopsy. Judge James R. Lemire allowed their request on Nov. 30, 2011.

Mr. Larocque said in a Jan. 4 affidavit in support of his motion to suppress his statements that he initially asked police if a lawyer could be arranged for him so that the lawyer would be waiting in court after he...

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