Tapia v. State

Defendant Tapia and two co-defendants (Cook and Dearmas) were originally charged by an amended indictment with first-degree murder. Dearmas pled guilty to the charge and became a witness for the State. Tapia and Cook were tried at a joint trial, in which both moved for severance and for suppression of statements each had made to the lead detective in the case. These motions were denied and the case proceeded to trial. At trial, Tapia and Cook exercised their rights to remain silent, however their statements to the lead detective were used against one another without the benefit of…