Judge allows man's remarks during interview to be used at trial

Every comment a Bonita Springs man made last fall when deputies questioned him without first reading him his rights can be used in court, a Lee County judge ordered.

Ramon “Ray” Galarza, 38, of 11585 Saunders Ave., is accused of leaving a message on a Lee County sheriff’s deputy’s personal cell phone, threatening to kill the officer and rape his wife after investigators say Galarza was asked to move his illegally parked Mercedes.

Galarza’s defense attorney had asked that the comments Galarza made when questioned in November 2005 at his home be suppressed, saying that Galarza’s right to counsel, against self-incrimination and to due process were violated during the interrogation. A court order, obtained Wednesday, ruled that Galarza wasn’t under arrest and could have left instead of answering questions.

“... The interview done by the officers at the defendant’s residence was consented to and one in which the defendant agreed to talk to the officers,” Lee County Circuit Judge Lynn Gerald Jr. ruled. “Because there was no detention, the interrogation asked of the defendant was a voluntary one and will not be suppressed.”

Galarza was charged with one count of corruption by threat against a public servant after the Sheriff’s Office said he left a message on Nov. 19, 2005, threatening to kill Cpl. Jeff Corkhill and rape Corkhill’s wife. Corkhill’s wife died of cancer July 2, 2005. He is raising their children.

Galarza could not be reached for comment Wednesday. Messages were left for Assistant Public Defender Christopher Whitney and Assistant State Attorney Shannon Gates, but they were unavailable for comment.

According to arrest reports, Corkhill called Galarza’s cell phone after seeing his beige 1993 Mercedes parked on the west side of U.S. 41 in San Carlos Park on Nov. 19. With its “For Sale” sign, it violated a Lee County ordinance, sheriff’s reports said.

Corkhill said he received a message on his cell phone about 6½ hours later, saying that if Corkhill ever called again, the caller would kill Corkhill and rape his wife.

Galarza’s trial is scheduled for July 5. The charge is a third-degree felony, punishable by up to 5 years in prison.