An Ontario County sheriff's deputy testifies that he read Dwayne Ivery his Miranda warning as he sat handcuffed in his patrol vehicle. Judge Dennis ruled the statement Ivery made afterwards is admissible during the trial.

CANANDAIGUA — A man with an ongoing lawsuit against the City of Rochester Police Department claiming a civil rights violation appeared in court challenging the admissibility of statements he made to the arresting Ontario County sheriff's deputy on an unrelated matter.

Dwayne Ivery, 57, who is charged with first-degree falsifying business records, is currently out on $10,000 bail in Ontario County as well as $15,000 bail for a matter in Monroe County. Allegedly, Ivery dumped a filing cabinet out of its box at a Hopewell store and loaded it up with pricey ticketed items, paying the lesser amount at the register.

Ontario County Court Judge Brian Dennis ruled that the statements that Ivery made to the sheriff's deputy after he was read his Miranda warning are admissible during a scheduled trial.

According to testimony by Timothy Brewer from the Ontario County Sheriff’s Office, he responded to the scene after a request from store security as they observed the alleged switcheroo caper unfold on security cameras.

“Loss prevention was watching them and wanted us on the way so that they couldn’t escape,” said Brewer. “When I arrived he was inside the loss prevention office with the two other females.”

Prior to the start of the court hearing, Ivery asked for an adjournment because he wanted representation other then his public defender, Jennifer Kehoe. Dennis denied that request.

In 2014, Ivery appeared at a press conference with his then attorney Charles Burkwit, and spoke of his ongoing lawsuit against the Rochester police. According to court filings, Ivery has since requested new counsel and his 2014 lawsuit is still an open matter.

In Ontario County Court, Ivery asked that the prosecutor, Melanie Bailey, speak up so he could hear.

“I have a hearing problem caused by the RPD,” interrupted Ivery during the proceedings. “Please speak up.”

Dennis instructed Ivery that if if he wants new legal representation during the trial, he needs to have it in place by the trial date, which was set for March 18.