A man charged in the killing of a Georgia nursing student faces hearing as trial looms

ATHENS, Ga. (AP) — The man accused of killing a nursing student whose body was found on the University of Georgia campus appeared in court Friday ahead of his scheduled trial next month, as lawyers sparred over whether police acted properly during their investigation.

Jose Ibarra is charged with murder and other crimes in the February killing of Laken Hope Riley. A 10-count indictment accuses Ibarra of hitting the 22-year-old Augusta University College of Nursing student in the head, asphyxiating her and pulling up her clothing with the intent to sexually assault her. Ibarra pleaded not guilty to the charges.

Athens-Clarke County Superior Court Judge H. Patrick Haggard said during a hearing in August that he plans to begin jury selection on Nov. 13 and proceed with the trial the following week.

Riley's killing became a flashpoint in the national debate over immigration because Ibarra, who is from Venezuela, entered the U.S. illegally in 2022 and was allowed to stay to pursue his immigration case. Republicans, including former President Donald Trump, blamed Riley’s death on President Joe Biden and his border policies.

Riley’s body was found on Feb. 22 near running trails after a friend told police she had not returned from a morning run. Police have said her killing appeared to be a random attack. Ibarra was arrested the next day and continues to be held in the Athens-Clarke County Jail without bond.

The indictment charges Ibarra with one count of malice murder, three counts of felony murder and one count each of kidnapping, aggravated assault, aggravated battery, hindering an emergency telephone call, tampering with evidence and peeping Tom.

The indictment says that on the day of Riley’s killing, Ibarra peered into the window of an apartment in a university housing building, which is the basis for the peeping Tom charge.

The judge heard arguments on four motions Friday, including defense requests to move the trial from Athens because of publicity surrounding the case and to have the peeping Tom charge tried separately because it involves a different alleged victim. His attorneys also are seeking to exclude some evidence and expert testimony.

Much of the arguments at Friday's hearing focused on whether police had probable cause to enter Ibarra’s Athens apartment and whether search warrants were proper in the seizing of cellphones.

Police officers testified that one of Ibarra’s roommates consented to allowing an officer, who feared a fire, to enter the apartment to turn off a stove that had been left on with food cooking on it. In doing that, police made the decision to clear the apartment of other people who had been sleeping, including Ibarra, and get them outside.

Once outside, University of Georgia police officer Rafael Sayan said, he saw that Ibarra’s knuckles were reddish in color, raising suspicions that he had recently been in a fight.

But defense lawyer Kaitlyn Beck said the officers’ actions were unreasonable and they did not have probable cause to enter or seize cellphones.

The judge did not immediately rule on the defense lawyers’ motions to throw out key evidence.

The nation’s broken immigration system has emerged as a major campaign issue after an unprecedented migration surge strained budgets in cities including New York, Chicago and Denver. Trump, the Republican presidential nominee, has dialed up his anti-immigrant rhetoric by suggesting migrants are committing crimes more often than U.S. citizens even though the evidence does not back up those claims.

In late September, Democratic presidential nominee and Vice President Kamala Harris walked a stretch of the U.S.-Mexico border and called for further tightening of asylum restrictions as she sought to project a tougher stance on illegal migration and address one of her biggest vulnerabilities in the November election. She balanced tough talk on policing the border with calls for a better way to welcome immigrants legally.

FILE - A supporter holds a sign with a photo of Laken Riley before Republican presidential candidate former President Donald Trump speaks at a campaign rally, Saturday, March 9, 2024, in Rome Ga. (AP Photo/Mike Stewart, File)

FILE - The casket of Laken Hope Riley is carried Friday, March 1, 2024, in Woodstock, Ga. (AP Photo/Jason Allen, File)

FILE - Defense attorneys Kaitlyn Beck and John Donnelly present the not guilty plea for Jose Ibarra to sign during Ibarra's court appearance, Friday, May 31, 2024, in Athens, Ga. (Nell Carroll/Atlanta Journal-Constitution via AP, File, Pool)

FILE - This photo provided by the Clarke County Sheriff's Office shows Jose Ibarra on Feb. 23, 2024. (Clarke County Sheriff's Office via AP)

Allyson Phillips, mother of Laken Hope Riley, cries during a video as Jose Ibarra appears in court for a motion hearing, Friday, Oct. 11, 2024, in Athens, Ga. Ibarra is accused of killing a nursing student, Riley, whose body was found on the University of Georgia campus and appears in court for a motions hearing ahead of his scheduled trial next month. (AP Photo/Brynn Anderson, Pool)

Defense attorneys Kaitlyn Beck speaks to witness Sgt. Joshua Epps of the University of Georgia Police Department during his testimony as Jose Ibarra, accused of killing a nursing student, Laken Hope Riley, appears in court for a motion hearing on Friday, Oct. 11, 2024, in Athens, Ga. (AP Photo/Brynn Anderson, Pool)

Athens-Clarke County Superior Court Judge H. Patrick Haggard listens to witness testimony as Jose Ibarra, accused of killing a nursing student, Laken Hope Riley, appears in court for a motion hearing on Friday, Oct. 11, 2024, in Athens, Ga. (AP Photo/Brynn Anderson, Pool)

Prosecutor Shelia Ross listens to witness testimony as Jose Ibarra, accused of killing a nursing student, Laken Hope Riley, appears in court for a motion hearing on Friday, Oct. 11, 2024, in Athens, Ga. (AP Photo/Brynn Anderson, Pool)

Sgt. Joshua Epps of the University of Georgia Police Department testifies as Jose Ibarra, accused of killing a nursing student, Laken Hope Riley, appears in court for a motion hearing on Friday, Oct. 11, 2024, in Athens, Ga. (AP Photo/Brynn Anderson, Pool)

Defense attorney Kaitlyn Beck representing Jose Ibarra who is accused of killing a nursing student Laken Hope Riley, listens to a witness's testimony during a motion hearing, Friday, Oct. 11, 2024, in Athens, Ga. (AP Photo/Brynn Anderson, Pool)

Allyson Phillips, mother of Laken Hope Riley, cries during a video as Jose Ibarra appears in court for a motion hearing, Friday, Oct. 11, 2024, in Athens, Ga. Ibarra is accused of killing a nursing student, Riley, whose body was found on the University of Georgia campus and appears in court for a motions hearing ahead of his scheduled trial next month. (AP Photo/Brynn Anderson, Pool)

Defense attorneys Kaitlyn Beck speaks to a witness as Jose Ibarra, accused of killing a nursing student, Laken Hope Riley, right, appears in court for a motion hearing on Friday, Oct. 11, 2024, in Athens, Ga. (AP Photo/Brynn Anderson, Pool)

Jose Ibarra, accused of killing a nursing student Laken Hope Riley, appears in court for a motion hearing, Friday, Oct. 11, 2024, in Athens, Ga. (AP Photo/Brynn Anderson, Pool)

ALBUQUERQUE, N.M. (AP) — A hot-air balloon struck and collapsed a radio tower Friday in Albuquerque, New Mexico, during the city's famous festival — the second time in 20 years that a balloon has come into contact with that tower.

There were no reports of injuries, said Kevin Carhart, a spokesperson for the Bernalillo County Sheriff’s Office. The balloon, which had three people on board, landed safely in a field after it struck the tower.

The tower transmits radio signal for KKOB-AM.

The Aerostar International Inc. S-57A balloon took off from a park as part of the 52nd annual Albuquerque International Balloon Fiesta, said the Federal Aviation Administration, which is investigating.

It wasn't clear how tall the tower was. News footage of the aftermath showed no other structures in the path of the collapsed tower.

In 2004, a balloon shaped like the face of Smokey Bear got wrapped around a radio tower during the festival, forcing the pilot and two passengers to climb most of the way down the structure. A festival spokesperson confirmed to The Associated Press that is the same tower that a balloon struck Friday.

A balloon bumped into a power line earlier this week in Albuquerque on the festival's third day, leaving nearly 13,000 customers without power for almost an hour.

The fiesta is one of the world's most photographed events, drawing hundreds of thousands of spectators each fall to New Mexico to look up at more than 100 balloons in bright colors and special shapes.

This image made from a video provided by Curt Fargo shows a radio tower collapsing after a hot-air balloon struck it during the famous festival in Albuquerque, N.M., Oct. 11, 2024. (Curt Fargo via AP)