Gomez v. Commonwealth, No. 2003-CA-000947-MR (KY 10/1/2004), 2003-CA-000947-MR.
| Decision Date | 01 October 2004 |
| Docket Number | No. 2003-CA-000947-MR.,2003-CA-000947-MR. |
| Parties | Carlos Amaya GOMEZ, Appellant v. COMMONWEALTH of Kentucky, Appellee. |
| Court | United States State Supreme Court (Kentucky) |
John Rampulla, Fayette County Legal Aid, Inc., Lexington, Kentucky, Brief for Appellant.
Albert B. Chandler III, Attorney General of Kentucky, Michael L. Harned, Assistant Attorney General, Frankfort, Kentucky, Brief for Appellee.
Before: JOHNSON, MINTON, and TACKETT, Judges.
Carlos Amaya Gomez appeals his conviction in the Fayette Circuit Court for first-degree wanton endangerment1 under a conditional guilty plea for which he received a one-year sentence. Gomez's conditional plea reserved the right to appeal the circuit court's denial of his motion to suppress the incriminating statements because his limited comprehension of English prevented his making an intelligent waiver of his Miranda2 rights and because the police failed to notify him of his rights to consult with Mexican consular officials under the Vienna Convention on Consular Relations.3 The circuit court found that Miranda warnings do not apply to the pre-arrest questioning of Gomez; that, even so, Gomez had a sufficient grasp of English to understand the Miranda warnings; and that the failure to inform Gomez of potential consular rights does not result in suppression of evidence. We agree with the circuit court and affirm.
Gomez was originally indicted on two counts of first-degree wanton endangerment arising out of a shooting incident in Lexington on May 16, 2002, in which the occupants of a vehicle reported that the passenger of a white, four-door Plymouth Neon had fired a gun through the windshield of their vehicle. Gomez filed pretrial motions to suppress incriminating statements that he had made to the investigating officers. The circuit court conducted an evidentiary hearing at which Lexington-Metro Detectives Robert Sarrantonio and Albert Johnson testified about the events that led to Gomez's being arrested and charged. Gomez testified, too, but he related a very different version of the facts.
Sarrantonio and Johnson testified to the following. On the day of the shooting, Sarrantonio learned from the owner of the Neon that he had allowed Gomez and his brother, Eric, to use it the prior evening. The car owner led the detectives to Gomez's apartment. Sarrantonio, Johnson, and a uniformed officer knocked at Gomez's door and announced themselves. They were invited in. Gomez; his brother, Eric; Javier Tobar; and another male were present. Since a weapon had been involved, the officers immediately conducted a safety sweep of the apartment and ascertained that there were no other occupants.
All of the occupants of the apartment were Hispanic. Sarrantonio asked Gomez if he understood English. Gomez responded that he understood English well but that he had difficulty speaking English. Sarrantonio then Mirandized Gomez and Eric. Sarrantonio then asked Gomez if he understood. Gomez answered that he understood and nodded affirmatively. Sarrantonio then explained to Gomez and the others why they had come. He informed Gomez and Eric that they had been identified as the likely suspects in the shooting incident and asked where the gun was. Gomez adamantly denied his involvement in the shooting, denied having a gun, and refused Sarrantonio's request for permission to search the apartment for the gun. Gomez told Sarrantonio that he would need a search warrant to look for the gun.
Johnson testified that while Detective Sarrantonio was talking, Gomez made a side comment in Spanish to Tobar, who was also fluent in English. Johnson, who understands Spanish, heard Gomez tell Tobar "I only shot once." Johnson confirmed his understanding by asking Tobar to repeat in English what Gomez had said. Tobar responded that Gomez had said he only shot once but that the other persons had shot three times. Johnson advised Sarrantonio what Gomez had said. Sarrantonio then asked Gomez directly: "Did you shoot at them once?" Gomez responded that he did. Sarrantonio then asked Gomez to describe the events of the shooting. Gomez then informed the detectives that Eric had been the driver and he the passenger. He admitted that he shot the vehicle because the occupants had first shot at him three times.
The detectives testified that following these admissions, they arrested Gomez on two counts of wanton endangerment. As Gomez was being placed in the cruiser, Johnson testified that Gomez apologized, in English, for having lied about the shooting when first questioned. After he was placed in the cruiser, Gomez answered other questions in English, giving his name, address, birth date, marital status, and phone number to Sarrantonio. Both detectives reiterated in questioning by counsel and the trial court that all of the conversations they had with Gomez, and he with them, were in English.
Gomez testified in Spanish through a translator at the suppression hearing. He told the circuit court that he only understood a few English words when the detectives questioned him before his arrest. He emphatically denied speaking English at any time to the detectives. He testified that he did not understand that he had the right to remain silent.
Following the hearing, the circuit court made the following findings of fact and conclusions of law:
At the suppression hearing, [Gomez] gave every impression of being unable to speak any English. In fact, it cannot be doubted that his English is far from fluent. But a large question exists as to whether the officers are uniformly lying about his English-speaking level or whether [Gomez] is. The Court finds the officers' testimony credible even though it is probably impossible to establish the full extent of [Gomez's] knowledge of English without his cooperation.
It is notable that neither the Commonwealth nor defense offered testimony on this issue from others at the scene. Certainly, once the Commonwealth established its version of facts on the suppression issue, it behooves [Gomez] to refute them if they weigh adequately against him as they do here.
[Gomez] knew he was in the presence of officers. Believing himself shielded by the language barrier, he spoke freely to his friends. In so doing, he made a public statement subject to interpretation by anyone who heard it. No Miranda rights attach to this behavior. This response was not made due to interrogation techniques, but voluntarily to another person. If the police happened to overhear and understand it, that is [Gomez's] misfortune.
This Court is not unaware of the grave problems relating to language issues in criminal defense cases. If [Gomez] truly understands no English, and the officers are all lying, this entire case would be a terrible result. But there is no credibility in that scenario. It is [Gomez] who has the greater reason to feign incomprehension.
Nonetheless, in this case, [Gomez] knew he was in the presence of several officers, and that if he admitted wrongdoing, this would be used against him. Common sense would indicate this, Miranda notwithstanding. Yet experience has shown this court that it is frequently irresistible to a Defendant to try to explain what happened in a light most favorable to him or her. The Court believes this is what happened here.
Consequently, [Gomez's] Motion to Suppress is DENIED. The Court has previously ruled orally that the failure to advise [Gomez] of his consular rights is not fatal to this action since the most a consular official could do is visit or...
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