Former Fillmore County sheriff says evidence in DUI case was obtained illegally
Juilch's lawyers claim he was wrongfully arrested
LINCOLN, Neb. (KLKN) – The former interim sheriff for Fillmore County filed a motion to suppress evidence collected while he was being arrested.
Steven Juilch appeared in court today for a pretrial hearing after pleading not guilty on April 20.
His lawyers filed to suppress three forms of evidence that they say was illegally obtained.
- Any statements given by Juilch while he was in custody during interrogation.
- Julich was wrongfully arrested for driving under the influence because there was not probable cause.
- Any search of Julich’s vehicle was done without a warrant or a valid exception to existing warrant requirements.
Juilch was arrested in late March on suspicion of driving under the influence.
He was involved in a crash around 6:30 a.m. in Seward County, according to County Attorney Wendy Elston.
According to an affidavit filed in March, Deputy Anthony Gann found Julich’s vehicle in the ditch and Juilch in the back seat.
The vehicle was still running and in drive.
Julich admitted to Gann that he had been drinking and then proceeded to refuse to take any form of sobriety test, authorities say.
Another deputy, Steve Schulz, found vomit on Juilch’s shirt and on the driver’s seat.
Julich told the deputy that he had been drinking with friends in Lincoln and that two people had left with him from the bar. When asked who he left the bar with, he said he didn’t know the people.
In the affidavit, Schulz said the front passenger seat and about half of the rear bench seat were full of personal belongings, which wouldn’t allow room for three passengers.
Julich was charged with DUI, refusal of a preliminary breath test and a refusal of a chemical test.
Julich was with the Fillmore County Sheriff’s Office for 17 years and was sworn in as interim sheriff in November.
Julich was fired and has since been replaced by Chief Deputy Mark McFarland.
He was defeated in the Republican primary last month to Deputy Sheriff Steve Roemmich who will begin as County Sheriff in the upcoming term.