Part of former Lely High student's statements about 2008 killing suppressed from trial

Lexey Swall/Staff
Juan Barrientos, center, enters courtroom during a hearing Monday at the Collier County Courthouse. Barrientos and co-defendant Jesus Garza are charged with first-degree murder for the 2008 stabbing death of Roberto Avalos-Jasso. On Monday, Collier Circuit Judge Frank Baker denied a motion to suppress part of a statement made by Barrientos in December 2008 about the killing of Roberto Avalos-Jasso, a 51-year-old garden worker, in East Naples.

Lexey Swall/Staff Juan Barrientos, center, enters courtroom during a hearing Monday at the Collier County Courthouse. Barrientos and co-defendant Jesus Garza are charged with first-degree murder for the 2008 stabbing death of Roberto Avalos-Jasso. On Monday, Collier Circuit Judge Frank Baker denied a motion to suppress part of a statement made by Barrientos in December 2008 about the killing of Roberto Avalos-Jasso, a 51-year-old garden worker, in East Naples.

Juan Barrientos, center, stands to exit the courtroom during a hearing Monday at the Collier County Courthouse. Barrientos and co-defendant Jesus Garza are charged with first-degree murder for the 2008 stabbing death of Roberto Avalos-Jasso. On Monday, Collier Circuit Judge Frank Baker denied a motion to suppress part of a statement made by Barrientos in December 2008 about the killing of Roberto Avalos-Jasso, a 51-year-old garden worker, in East Naples.

Juan Barrientos, center, stands to exit the courtroom during a hearing Monday at the Collier County Courthouse. Barrientos and co-defendant Jesus Garza are charged with first-degree murder for the 2008 stabbing death of Roberto Avalos-Jasso. On Monday, Collier Circuit Judge Frank Baker denied a motion to suppress part of a statement made by Barrientos in December 2008 about the killing of Roberto Avalos-Jasso, a 51-year-old garden worker, in East Naples.

Lexey Swall/Staff 
 Patricia Garcia, the mother of Juan Barrientos, sits alone in the gallery of the courtroom Monday during a hearing for her son in Naples. Juan Barrientos and co-defendant Jesus Garza are charged with first-degree murder for the 2008 stabbing death of Roberto Avalos-Jasso. On Monday, Collier Circuit Judge Frank Baker denied a motion to suppress part of a statement made by Barrientos in December 2008 about the killing of Roberto Avalos-Jasso, a 51-year-old garden worker, in East Naples.

Lexey Swall/Staff Patricia Garcia, the mother of Juan Barrientos, sits alone in the gallery of the courtroom Monday during a hearing for her son in Naples. Juan Barrientos and co-defendant Jesus Garza are charged with first-degree murder for the 2008 stabbing death of Roberto Avalos-Jasso. On Monday, Collier Circuit Judge Frank Baker denied a motion to suppress part of a statement made by Barrientos in December 2008 about the killing of Roberto Avalos-Jasso, a 51-year-old garden worker, in East Naples.

Part of a former Lely High student's statements about a 2008 killing will be suppressed from his murder trial, a judge ruled on Monday.

Juan Jose Barrientos Jr., now 20, and Jesus Rene Garza, now 21, are accused of stabbing 51-year-old Roberto Avalos-Jasso to death and then dragging his body to a wooded-area near Six L's Farm in East Naples. They were 17 and 18, respectively, at the time.Two days after the Dec. 28, 2008 killing, Barrientos and Garza separately told Collier deputies about Avalos-Jasso's death. Barrientos spoke to deputies at the East Naples substation, while Garza spoke to deputies at the Collier County Sheriff's Office.

Attorney Lee Hollander sought to suppress Barrientos' statements Monday morning in Collier Circuit Judge Frank Baker's courtroom.

Hollander argued Barrientos should have been read his Miranda rights before he shared his account of the grisly killing. Mara Marazano argued for the state that Barrientos willfully sought deputies and shared his account of what happened, though was never required to do so. She also said Barrientos was read his Miranda rights after his statements were confirmed by detectives who found Avalos-Jasso exactly where they were told.

A taped recording of the Barrientos' interview with detectives George Lahm and David Hurm suggests a different story.

"You need to be honest and say what you did. You're a juvenile. You still have a chance of having freedom or a life," one of the detectives told Barrientos after he told them he blacked out and doesn't remember much of the killing. "But, if you're shown to be lying about the smallest thing, you're going to burn. You're going to be put in jail for the rest of your life. If you know what happened, don't say you blacked out."

Baker ruled that a large portion of Barrientos' confession would be suppressed.

"That is not a comfortable statement," Baker said.

But some of Barrientos' statements — when he was given his Miranda rights and statements made to detectives upon arriving at the East Naples substation — are permitted, Baker ruled.These statements include Barrientos detailing where the blood stains and alleged stabbing occurred and the location of Avalos-Jasso's body.

Barrientos and Garza are facing single charges of first-degree murder and robbery with a firearm or deadly weapon. A trial date is tentatively set for Feb. 12.

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