Attorneys representing said Tuesday morning that they believe the traffic stop leading to the group's arrest was illegal.
They filed a motion shortly after 11 a.m. to suppress evidence gathered during that stop, in which Indiana men John Tucker, 26; Cody Sutherlin, 23; Dylan Sutherlin, 20; Alex Stuck, 22; and Jason Sutherlin, 33; were arrested.
"Basically, we're saying that the arrest was invalid," , James Fennery, said. "We believe there was an unlawful stop of the vehicle."
Asked what would deem the stop "unlawful," Fennery only clarified to say it "involves the vehicle" and the "identification of that vehicle."
"You can't just stop any car driving down the street," he noted.
If Associate Judge Carmen K. Aguilar were to side with the defense, it wouldn't necessarily void the men's arrest, Fennery said. However, it would prevent any evidence garnered in that stop from being used in court. Assistant state's attorneys have said black clothing, facial coverings, and batons and other weapons were found in the vehicle.
The men were taken into custody in the parking lot of Tin Fish on Harlem Avenue near 183rd Street—about 1/2 mile from the —by an officer who was just finishing a traffic detail shift at the local convention center.
to 37 counts related to mob action, armed violence, aggravated battery and criminal damage to property. Most recently, .
Police say the Five, three of whom are brothers, stormed the Ashford House in on May 19, with their faces covered
Authorities have said and defendants are said to be members of the
The Dodge Neon they were found in was one of three getaway cars seen leaving a parking lot adjacent to the restaurant, police said.
A victim named in the complaint, , showed in court Tuesday morning. He sat alone on a front-row bench behind assistant state's attorneys. It was his first time attending any of the court dates yet.
Spiller didn't interact with anyone in the room, nor did he offer comment. and various e-mails, Spiller told Patch on May 25 that his lawyer asked him to stop communicating with the media.
But he silently slipped a two-page flier Tuesday to as he briskly left the courtroom. The flier includes booking photos of the Five and their street and hometown beneath the heading, "Domestic Terrorists," which is typed in capital letters.
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