Crist v. Lopez
| Decision Date | 30 September 2017 |
| Docket Number | No. CV 16-01107 MV/KRS,CV 16-01107 MV/KRS |
| Parties | EDWARD BRIAN CRIST, Plaintiff, v. DETECTIVE JOE LOPEZ #5425, Defendant. |
| Court | U.S. District Court — District of New Mexico |
THIS MATTER is before the Court on the Complaint to Recover Damages for Injury ("Complaint") filed by Plaintiff, Edward Brian Crist, on August 22, 2016 and removed to this Court on October 6, 2016. (Doc. 1, 1-1). The Court will dismiss the Complaint for failure to state a claim under Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915(e)(2)(B). Also pending before the Court are several motions filed by Plaintiff Crist. The Court's disposition of the motions is set out in part II, below.
Plaintiff Edward Brian Crist is proceeding pro se and in forma pauperis. He has three pending civil rights cases in this Court.1 Edward Brian Crist v. Detective Joe Lopez #5425 was filed by Crist on August 22, 2016. (CV 16-00950 MV/LF, Doc. 1). This case, Edward Brian Crist v. Detective Joe Lopez #5425, was initially filed in New Mexico state court on August 22, 2016 and was removed to this Court by the Defendant on October 6, 2016 (CV 16-01107MV/KRS, Doc. 1 and 1-1). Edward Brian Crist v. Officer Jared Nix, et al., was filed in this Court by Crist on October 28, 2016. (CV 16-01190 RB/KBM).
Plaintiff Crist has a lengthy history of criminal charges and convictions in the state courts of New Mexico. See State of New Mexico cause nos. D-101-CR-1992-00253, D-101-CR-1992-00394, D-202-CR-1993-01119, D-101-CR-1995-00100, D-202-CR-1999-03699, D-202-CR-2000-01166, D-202-CR-2000-01537, D-202-CR-2001-01810, D-202-CR-2004-01213, D-202-CR-2013-01260, and D-202-CR-2016-01969.2 The allegations in all three of Plaintiff Crist's pending cases arise out of the underlying arrest and criminal prosecution of Crist in cause no. D-202-CR-2016-01969. (CV 16-00950 MV/LF, Doc. 1; CV 16-01107 MV/KRS, Doc. 1-1; CV 16-01190 RB/KBM, Doc. 1).
The record in Crist's pending cases shows that at about 4:42 pm on June 8, 2016, Albuquerque Police Department ("APD") officers were dispatched to the Blake's Lottaburger at 6215 San Mateo Dr. NE, Albuquerque, New Mexico, in reference to an armed robbery. Victims told police officers that a male subject pointed a shotgun at them and demanded money. Based on a surveillance video, the suspect was described as wearing prescription eyeglasses, white hoodie, black and white shorts, maroon "van" type shoes, a white jersey with the number 19 on it, a ring on his left hand, a bandana over his face, and tattoos on his right lower leg. (Doc. 11 at 6). A witness reported seeing the male suspect get into a white vehicle bearing New Mexico registration plate 910TNB. New Mexico Motor Vehicle Department records indicated thevehicle was registered to Brian Edward Crist and was a white 2004 Buick 4 door sedan. (Doc. 11 at 6).
At approximately 8:42 pm on June 8, 2016, APD officers were dispatched to the Pizza Hut located at 2640 Carlisle Blvd. NE in Albuquerque in reference to an armed robbery. A female employee reported that a male suspect pointed a shotgun at her and demanded cash from the register. A female customer stated that she saw two subjects enter the store. She described the first male as tall, about 6-feet, skinny, and wearing a gray zip up hoodie, shades, and a black and white bandana covering his face. She said that, on entering, the male ordered everyone on the ground and racked the shotgun, chambering a round. She felt someone moving things in her purse and, after the incident, noticed her wallet, containing her identification documents and bank/debit cards, was missing. (Doc. 11 at 7).
At around 1:19 am on June 9, 2016, Sandia Pueblo Tribal Officer Jerade Nix was dispatched to the Sandia Resort and Casino located at 30 Rainbow Road, Sandia Pueblo, New Mexico, in reference to a "firearms exchange" on the fourth level of the parking structure. Security Officer Johnny Garcia informed Officer Nix that he had reviewed video surveillance footage and had observed the driver of a red colored Honda passenger car make a firearm exchange with the owner/operator of a white vehicle. The video surveillance showed that a shotgun or long rifle was placed in the trunk of a white, four-door vehicle bearing New Mexico plate 910TNB. Officer Nix, Officer Garcia, and Officer Tommy Gonzales made their way to the fourth level and, by the white four-door vehicle bearing plate 910TNB, located the subject shown on the video placing the firearm in the trunk. The subject was identified as Edward Crist through his New Mexico Driver's License. Officers reported that Mr. Crist stated he is a convicted felon and that there was a shotgun in the trunk of his car. During a pat-down search, a glass pipe andthree small baggies of a black substance, suspected to be black tar heroin, were located in Mr. Crist's right, front pocket. The license plate on the vehicle was run by the officers and returned as registered to Edward Crist. Dispatch also notified Officer Nix that APD had run the plate on the vehicle approximately 10 times earlier that night and APD stated that the vehicle was involved in two armed robberies in Albuquerque earlier in the night. With Mr. Crist's permission, the officers opened the trunk and retrieved a 12 gauge model 88 Maverick shotgun, loaded with six shotgun shells, and a military flak jacket. (Doc. 11 at 11-12).
At 3:12 am on June 9, 2016, Detective Lopez met with Edward Crist and read him his Miranda rights. Detective Lopez described Crist as wearing black, white, and grey plaid shorts, a pink shirt, red shoes with a white sole, and prescription glasses. Lopez stated Crist had tattoos on his lower right leg. Detective Lopez reported that Officer Nix had informed him Sandia police officers had located a shot gun, hand gun, and methamphetamines in the vehicle during their inventory of the vehicle and that the vehicle was going to a secure lot at Duggar's Towing. Officer Nix arranged to have the vehicle released by Duggar's Towing to APD pending a search warrant. (Doc. 11 at 39-40).
On June 10, 2016, Officer Nix filed a Criminal Complaint in the State of New Mexico, County of Bernalillo, Metropolitan Court relating to the detention and arrest on June 9, 2016. (CV 16-00950 MV/LF, Doc. 10 at 6). The Criminal Complaint was docketed as case no. T-4-FR-2016-003073. For unknown reasons, the case caption identified the Defendant as "Kirksey, Robert." (CV 16-00950 MV/LF, Doc. 10 at 6). However, the Complaint listed the 704 Glacier Bay St SE address for Edward Crist, and the body of the Complaint identified Edward Crist as the suspect who was detained, arrested, and transported to the Metropolitan Detention Center. The Complaint charged the Defendant with possession of a firearm or destructive device by afelon and possession of a controlled substance. (CV 16-00950 MV/LF, Doc. 10 at 6). Metropolitan Court Judge Victor Valdez made a determination on June 10, 2016, that there was probable cause a crime had been committed, but no probable cause that the crime was committed by the wrongly-named Defendant, Robert Kirksey. Based on the wrongly-named defendant, the Judge ordered that Crist be released. (See T-4-FR-2016-003073).
Also on June 10, 2016, Detective Joe Lopez filed a Criminal Complaint—Arrest Warrant Affidavit in the Metropolitan Court. (See Doc. 11). The Complaint-Arrest Warrant Affidavit was docketed as Metropolitan Court case no. T-4-FR-2016-00310. The Complaint-Arrest Warrant Affidavit states:
(Doc. 11 at 7-8). Case T-4-FR-2016-00310 was transferred to the State of New Mexico, Second Judicial District Court, for presentment of the criminal charges to a Grand Jury.
The case was docketed in the Second Judicial District Court as D-202-CR02016-01969 and Grand Jury proceedings were held in CR-2016-01969 on June 23, 2016. Both APD Detective Joe Lopez and Defendant Edward Crist testified before the Grand Jury. (Doc. 17). Detective Lopez testified, in pertinent part, that he was contacted by officers form the Sandia Pueblo Police Department around 2:00 am on June 9. They advised him that they were with amale subject that was in a vehicle bearing New Mexico plate 910-MTB and that APD dispatch had informed them the vehicle was connected to armed robbery earlier in the day. They advised him the subject was approximately 6'1", 214 pounds wearing brown and grey plaid shorts with an orange shirt, named Edward Crist. Mr. Crist was then transferred over to the custody of Detective Lopez. The vehicle was turned over to Detective Lopez on June 10. Detective Lopez obtained a search warrant for the car and located several shotgun rounds, handgun rounds and a handgun, a bandana with black and green camouflage, and a black and white bandana with two ends tied together. (Doc. 17 at 8-18).
The Grand Jury indicted Crist on three counts of armed robbery (firearm enhancement), six counts of aggravated assault (firearm enhancement), one count of conspiracy to commit armed robbery and/or aggravated assault, one count of child abuse, and two counts of possession of a firearm by a felon, including one count arising out of the June 9, 2016...
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