Judge rules shooting confession can stand
Robert Bauduin
Amanda Durbin took this photo of crocuses that took advantage of our extended late-winter warm spell.
A Jefferson Township man was intoxicated but could still understand what he was doing when he allegedly confessed to killing his brother, a Washington County judge has ruled.
Judge John F. DiSalle issued an order Thursday denying a bid by Robert Jay Bauduin, 48, of Bethel Ridge Road, to suppress a statement he allegedly made to state police Nov. 30, 2013, the day his brother, Richard Bauduin Jr, 47, of Colliers, W.Va., died of a gunshot wound at the house where Robert Bauduin lived with their father.
In an opinion, DiSalle wrote that Bauduin, who is charged with homicide, “had sufficient mental capacity at the time he gave his statement to know what he was saying and had voluntarily intended to say it” despite being intoxicated when he made his statement to police.
According to court documents, Richard Bauduin Sr. called 911 but was reluctant to give information to the dispatcher and hung up.
When he called again, a gunshot was heard in the background and Bauduin Sr. said one of his sons had shot the other. Police say Robert Bauduin then took the phone and said he’d just shot his brother.
Police said he later admitted to shooting his brother when state police interviewed him at the barracks.
Assistant Public Defender Rose Semple wrote in a motion to suppress that statement that police knew Bauduin was intoxicated when they interviewed him. The state, she wrote, “has not provided sufficient evidence (Bauduin) knew what he was saying or that his choice to make incriminating statements was an essentially free and unconstrained choice.”
DiSalle notes that in video from the interview, in which Bauduin asked more than once to stop but then resumed talking, Bauduin was able to remember details of the shooting, and that troopers testified he could understand verbal commands and walk without help, even though he smelled strongly of alcohol.
DiSalle also pointed out that Bauduin isn’t challenging incriminating statements he made during the 911 call, and that he was recorded conversing clearly with the operator.
Jury selection for Bauduin’s trial is scheduled to begin April 11.