State v. Ahmad

• Citation: 252 A.3d 968,246 N.J. 592
• Decision Date: 15 June 2021
• Docket Number: 083736,A-54 September Term 2019
• Parties: STATE of New Jersey, Plaintiff-Respondent, v. Zakariyya AHMAD, Defendant-Appellant.
• Court: United States State Supreme Court (New Jersey)

246 N.J. 592

252 A.3d 968

STATE of New Jersey, Plaintiff-Respondent,

v.Zakariyya AHMAD, Defendant-Appellant.

A-54 September Term 2019

083736

Supreme Court of New Jersey.

Argued October 27, 2020

Decided June 15, 2021

Stefan Van Jura, Assistant Deputy Public Defender, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney; Stefan Van Jura, of counsel and on the briefs).

Caroline C. Galda, Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for respondent (Theodore N. Stephens, II, Acting Essex County Prosecutor, attorney; Caroline C. Galda, of counsel and on the briefs, and Stephen A. Pogany, Special Deputy Attorney General/Acting Assistant Prosecutor, on the briefs).

William J. Munoz argued the cause for amici curiae Association of Criminal Defense Lawyers of New Jersey, American Civil Liberties of New Jersey, and Northeast Juvenile Defender Center (Whipple Azzarello, Rutgers Criminal and Youth Justice Clinic, and American Civil Liberties Union of New Jersey Foundation, attorneys; William J. Munoz, Laura Cohen, and Alexander Shalom, Newark, on the brief).

Frank Muroski, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Gurbir S. Grewal, Attorney General, attorney; Frank Muroski, of counsel and on the brief).

JUSTICE PIERRE-LOUIS delivered the opinion of the Court.

In this case, defendant Zakariyya Ahmad appeals from his conviction of multiple offenses related to the murder of a café owner in Newark. We are asked to determine whether defendant's statement to police -- which occurred when defendant was 17 years old -- was properly admitted at trial. At the time defendant gave the statement, he had been shot several times hours earlier, had been heavily medicated, and had undergone surgery to remove a bullet from his leg. As he was released from the hospital, still wearing bandages and a hospital bracelet and walking with the assistance of crutches, law enforcement placed defendant in the back of a patrol car and transported him to the Newark Police Department for questioning. The officers did not advise defendant of his Miranda ¹ rights in advance of the interrogation.

Defendant was later tried and convicted. The Appellate Division affirmed his conviction and the trial court's denial of the motion to suppress his statement, finding that defendant presented himself to police as a victim, so Miranda warnings were not required. We find that, pursuant to the facts of this case, a reasonable 17-year-old in defendant's position would have believed he was in custody and not free to leave, so Miranda warnings were required. We hold that it was harmful error to admit his statement at trial and reverse.

I.

A.

We rely on testimony from the trial and the pretrial evidentiary hearing for the following summary.

On October 27, 2013, defendant Zakariyya Ahmad arrived at the Emergency Room at University Hospital in Newark at 11:20 a.m. complaining of significant pain in his left arm and left leg. Defendant, a minor who had turned seventeen just two months earlier, had been shot multiple times. A physical examination of defendant revealed gunshot wounds to his left forearm, left hand, left thigh, and left ankle. A bullet was still lodged in his left ankle, requiring surgery. In all, defendant had five or six gunshot wounds, according to the medical records. Defendant was treated with pain medication while at the hospital, including five doses of Fentanyl

. Doctors gave defendant a dose of Fentanyl shortly after his arrival at 11:31 a.m. and then again at 11:52 a.m., 12:20 p.m., 12:50 p.m., and 1:10 p.m.

Detective Emanuel Miranda and two other officers from the Newark Police Department (Newark PD) Major Crimes Division arrived at University Hospital shortly after defendant in response to a report of a shooting victim's arrival at the hospital. Detective Miranda approached defendant, who was lying on a hospital bed in the Emergency Room's Trauma Section, and asked him where he was shot and how he got to University Hospital. Defendant told Detective Miranda that he was shot in Newark on Clinton Place, between Pomona and Goldsmith Avenues. Defendant further advised that he was driven to the hospital by Steffon Byrd in Byrd's vehicle. Detective Miranda interviewed the two passengers who accompanied defendant and Byrd to University Hospital -- Ja-Ki Crawford and Daryl Cline -- but failed to develop any leads as to who shot defendant. Crawford told the officers that he, Byrd, and Cline happened upon defendant when they were returning from the laundromat and, seeing that he had been shot, took him to University Hospital.

At some point while medical professionals were tending to defendant, defendant's mother, father, and other family members arrived at the hospital. His mother testified at the evidentiary hearing that she was not allowed to see defendant and waited at the hospital for approximately two hours. Defendant was discharged at 2:30 p.m.

Upon discharge, instead of being allowed to go home with his family, defendant was advised by Newark Police officers that he had to report to the Newark PD. According to defendant's testimony at the evidentiary hearing, officers told him he had no choice in the matter. Officers escorted defendant -- who was walking with crutches -- from the hospital Trauma Section to a marked police car, put him in the back seat, and drove him to Newark PD's Major Crimes Unit. Defendant's mother testified at the evidentiary hearing that officers told her she could not take defendant home or drive him to the police station from the hospital. Defendant's parents followed the patrol car that was transporting their son to Newark PD. Officers further told defendant's mother that her son would be questioned about his injuries and how he got shot.

At Newark PD, defendant waited in a room with his father for several hours without speaking to any detectives or being told when he could go home. Eventually, Detective Rashaan Johnson of the Essex County Prosecutor's Office (ECPO) briefly spoke with defendant and his father. Detective Johnson told defendant and his father to drive to the ECPO for further questioning. Defendant rode with his father to the ECPO, but they were escorted there by Detective Johnson and Detective Miranda Mathis.

Earlier in the day, Detective Johnson had been dispatched to investigate a homicide at Zakkiyah's Café (the Café) in Newark.

When Detective Johnson arrived at the Café, he learned that a gunshot victim at University Hospital had reported being shot about four blocks away from the Café earlier that morning. Detective Johnson stayed at the Café with the ECPO's crime scene unit for several hours to examine the Café and the body of the store owner, Joseph Flagg, who had been shot and killed in an apparent robbery attempt. Police at the Café observed signs of a struggle, found several .45 caliber shell casings on the floor, and identified bullet holes in the Café’s ceiling and in a window beneath the counter. Upon leaving the Café, Detective Johnson went to Newark PD, where he met defendant and his father and then escorted them to the ECPO for questioning.

At the ECPO, Detective Johnson placed defendant, who was not handcuffed, in an interview room apart from his parents, who were seated in a nearby conference room. Detective Johnson told defendant's parents that defendant needed to be interviewed because he was a victim of a shooting potentially related to the shooting at the Café. The interview room was small -- approximately four feet by four feet -- and contained an audio and video recording device, a table, and chairs for defendant, Detective Johnson, and Detective Mathis. Defendant was told that the interview was being recorded. The detectives did not advise him of his Miranda rights. According to Detective Johnson, he did not suspect defendant of killing Flagg or robbing the Café at that time.

The video recording of the statement depicts Detectives Johnson and Mathis interviewing defendant from 5:07 p.m. to 5:34 p.m. on October 27, 2013. Detective Johnson began by stating that the ECPO was investigating a homicide that occurred at 282 Chancellor Avenue, Newark, New Jersey -- the location of Zakkiyah's Café where Flagg was killed. Defendant responded to some preliminary questions in the beginning of the interview, confirmed that he was a minor, and provided his address and information about his parents. Defendant acknowledged that Detective Johnson spoke with his parents before the interview and that his parents gave permission for defendant to be interviewed.

Next, defendant narrated his version of the events of the day. He said that he woke up at his brother's house that morning, a Sunday, and took the 107 bus back to his neighborhood which was a five- to seven-minute ride. Defendant told the detectives he was wearing navy blue sweatpants, a white thermal shirt, and red and gray sneakers. He said that he got off the 107 bus and was walking on Clinton Place between Pomona and Goldsmith Avenues when he heard several gunshots and began running down Clinton Place, never looking back to see who was shooting. Defendant stated he then felt a tingling sensation and some pain and realized he had been shot. He said that when he reached the corner of Clinton Place and Hansbury Avenue, he flagged down Steffon Byrd and got into Byrd's pickup truck to go to the hospital. Byrd drove defendant to University Hospital along with two other men. Defendant told the detectives that he recognized the two other passengers but did not know their names. Later in the interview, Defendant said that one of the passengers was one of Byrd's relatives named "Woo." "Woo" is a nickname used for Daryl Cline. Defendant stated that he removed his shirt and pants on the ride to the hospital and left his clothing and phone in Byrd's truck.

Defendant then recounted his injuries and treatment to Detectives Johnson and Mathis. He explained that he did not...