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Aurora assault suspect wants DNA evidence barred

Tyrone M. Young

Tyrone M. Young

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Updated: February 19, 2013 3:07PM

ST. CHARLES TWP. — An Aurora man already charged in two sex cases, and identified as a suspect in a third, wants prosecutors barred from using DNA evidence linking him to one assault.

Tyrone M. Young, being held in the Kane County jail on $1.2 million bail, appeared briefly in court Thursday.

His attorney, Kathleen Colton, held off on requesting a hearing date to argue a motion she filed in December to suppress evidence in the case. In the motion, Colton said investigators violated Young’s rights after he invoked his right to remain silent during a July 2011 interview.

Young was in custody at the time after an incident at the Lowe’s Home Improvement store on West Indian Trail in Aurora. Young, clad in boxer shorts, hid in a women’s bathroom stall, grabbed a woman from behind and threw her to the floor, according to authorities and court records.

When the woman screamed, Young dressed and fled to his home, where police located him, authorities said.

Young faces attempted sex assault, aggravated battery, indecent exposure and obstruction of justice charges in that case.

Colton said Young refused to sign a waiver of his rights and said he needed to talk with an attorney. A copy of the waiver included with Colton’s motion does not bear any initials or signature from Young. However, police followed up by asking Young to submit a DNA sample, the motion contends.

“The detective allegedly, eventually obtained ‘consent’ for the taking of a DNA sample from the defendant, in spite of his invocation of his rights,” Colton wrote, noting she had not seen a copy of a search waiver signed by Young.

Prosecutors are expected to share the waiver with Colton soon.

Still, Colton argues the results of DNA testing, which she expects prosecutors will use against Young, should be barred from trial in connection to the Aug. 28, 2010, attack on a woman at the Oakhurst Community Garden at the Oakhurst Forest Preserve on Aurora’s East Side. Young took the woman by surprise, choked and sexually assaulted her before fleeing when several people pulled into the forest preserve’s parking lot, police previously said. He is charged with aggravated battery, unlawful restraint and multiple counts of aggravated sex assault.

Young is also considered a suspect, but has not been charged, in an attempted sex assault at the same forest preserve in 2011. Young returns to court March 7 when attorneys are expected to discuss a possible hearing date on the suppression motion.

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