Photo: Joshua Williams
A 22-year-old Mountain Home man lost his bid to have evidence thrown out in advance of his upcoming jury trial during a session of Baxter County Circuit Court Monday.
Joshua Kahn Williams and his twin brother, Jordon Bryce Williams, are both charged with selling a vehicle they did not own for scrap.
Photo: Jordan Williams
The twins were arrested after an investigation was launched in mid-September 2019 based on a report of a missing vehicle.
An important part of the investigation was information obtained from cellphones and social media accounts.
Joshua Williams’ attorney, deputy public defender James Wallace, filed a motion in mid-October claiming a warrantless search had been made of Williams’ cellphone and social media accounts in violation of the Fourth Amendment’s protection from unreasonable search and seizure.
The state put on one witness, Michael Day, an investigator with the Mountain Home Police Department (MHPD).
Day testified law enforcement obtained information from social media and other electronic sources from the victim and others involved in the incident.
He said no one in law enforcement did any searches of cellphones or social media accounts belonging to the Williams brothers.
Circuit Judge John Putman denied the motion to suppress saying the evidence in question had been provided to the state by private individuals, not taken by the state.
Joshua and Jordan Williams are both scheduled to go before a jury next week.
The victim said she been given permission to park her car at Joshua Williams’ residence, until she could make arrangements to have it towed.
She told police she parked the vehicle on the property around the first of September 2019.
The investigator found that Joshua Williams had contacted a salvage company Sept. 5, 2019 to inquire how much he could get for the vehicle.
When salvage company staff arrived to tow the car, they met with the twins, and a price of $120 was negotiated, according to the probable cause affidavit.
Joshua Williams is charged with theft of property and Jordan Williams with theft of property and forgery. The forgery charge is based on information developed by the MHPD investigator that Jordan Williams had completed a “bill of sale.”
Jordan Williams was arrested Nov. 27 on unrelated charges of misdemeanor theft of property and criminal trespass. He was released Nov. 30. According to electronic jail logs, Jordan Williams’ bond was set at $785.
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