UTICA — On Wednesday in Oneida County Court, a judge denied a request at this time by a Rome man to suppress evidence in the case involving the death of his wife.
Jason D'Avolio is charged with second-degree murder and concealment of a human corpse in connection with the death of his wife, Kerrilee D'Avolio. He pleaded not guilty to the charges Sept. 20. If convicted, he faces 25 years to life in prison.
D'Avolio's attorney requested a dismissal of both oral statements made by D'Avolio as well as identifications made by witnesses. Judge Michael Dwyer denied these requests pending a Huntley and Wade hearing scheduled Nov. 22 to go over the requested suppression of evidence.
Dwyer also denied a dismissal of D'Avolio's indictment by a grand jury pending his review.
D'Avolio appeared in court Wednesday for answers, arguments and decisions. This was adjourned until Nov. 6 in order to review what evidence has been submitted to the defense.
Assistant District Attorney Joshua Bauer said he is still waiting for an autopsy report and is in the process of compiling materials from D'Avolio's phone for the defense to review.
The indictment filed last month accuses D'Avolio of shooting his wife in the back of the head between July 28 and July 29 at the family home in Rome and disposing of her body in a dumpster. Police found her remains at the Oneida County landfill in Ava. Law enforcement also said he threw a rifle in the Barge Canal near Mill Street Bridge in Rome; the weapon was later recovered by police.
D'Avolio claimed his wife committed suicide by gunshot and he had proceeded to clean the house afterwards, officials said. Police also said the couple was in the process of divorcing at the time.
Contact reporter H. Rose Schneider at 315-792-5013 or follow her on Twitter (@OD_Schneider).