Convicted Jefferson City murder appeals sentence

A convicted Jefferson City murderer currently on death row wants the Missouri Supreme Court to set him free.

David Hosier was arrested in 2009 for the murder of a Jefferson City husband and wife.

Thursday, Hosier’s lawyer said Police broke the law while investigating the case.

Hosier’s lawyer argued a violation of the 4th amendment in Hosier’s case, citing police tracking him by cell phone without a probable cause.

In the Missouri Supreme Court, Craig Johnston, Hosier’s lawyer, said police violated Hosier’s rights because they found him by tracking him on his cell phone, and that documentation for his arrest just stated Hosier was the suspect, with no probable cause.

Johnston said, “All the affidavit alleged was, other than this is the defendant’s phone number, is David R. Hosier has been identified as the primary suspect in the homicide investigation.”

However, the state said it was Hosier’s fault for leaving his cell phone on and with him.

In 2009, Angela and Rodney Gilpin were found dead in her apartment.

Prosecutors said Angela Gilpin had an affair with Hosier while temporarily separated from her husband. The Gilpins were apparently trying to reconcile.

Hosier’s lawyer cited the 4th amendment, saying it protects people from unreasonable searches and seizures by the government.

“What the real issue though is does the 4th amendment prohibit this, that’s what it comes down to. Does the 4th amendment require a warrant based on probable cause, before you track someone 24/7 for a 60 day period through pinging their cell phone,” asked Johnston.

It could be weeks to months before the supreme court has a ruling.

Hosier has been sentenced to death for fatally shooting Angela Gilpin. However, even though Rodney was shot, his case has not yet gone to trial.