State v. Castillo, SC 19777

• Court: Supreme Court of Connecticut
• Writing for the Court: KAHN, J.
• Citation: 186 A.3d 672,329 Conn. 311
• Parties: STATE of Connecticut v. William CASTILLO
• Decision Date: 03 July 2018
• Docket Number: SC 19777

329 Conn. 311
186 A.3d 672

STATE of Connecticut
v.
William CASTILLO

SC 19777

Supreme Court of Connecticut.

Argued November 6, 2017
Officially released July 3, 2018

186 A.3d 677

Richard Emanuel, New Haven, for the appellant (defendant).

Nancy L. Chupak, senior assistant state's attorney, with whom, on the brief, were David S. Shepack, Litchfield, state's attorney, and Terri Sonnemann, senior assistant state's attorney, for the appellee (state).

Palmer, McDonald, Robinson, D'Auria, Mullins and Kahn, Js.^*

KAHN, J.

329 Conn. 313

In this certified appeal, the defendant, William Castillo, appeals from the judgment of the Appellate Court affirming the judgment of conviction, rendered after a jury trial, of attempt to commit robbery in the first degree in violation of General Statutes §§ 53a–49 and 53a–134 (a) (3), and attempt to commit robbery in the second degree in violation of General Statutes §§ 53a–49 and 53a–135 (a) (1) (A).¹ The defendant

329 Conn. 314

claims that the Appellate Court improperly (1) concluded that, during his in-home interrogation by the police, he was not in custody for purposes of Miranda v. Arizona , 384 U.S. 436, 478–79, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and (2) declined to exercise its supervisory authority "to adopt a new rule governing the admissibility of statements obtained during the interrogation of juveniles." State v. Castillo , 165 Conn. App. 703, 729, 140 A.3d 301 (2016).² Because we conclude

329 Conn. 315

that

186 A.3d 678

the Appellate Court properly determined that the defendant was not in custody, we affirm the judgment of the Appellate Court. Interpreting the third certified question as a request by the defendant to exercise our supervisory authority to adopt his requested rule, we decline to do so.

The Appellate Court set forth the following relevant facts and procedural history. "On March 23, 2012, the defendant was a student at Torrington High School, and was less than one month from his seventeenth birthday. At about 8:30 p.m. on that date, he and several other teenagers left a high school dodgeball game together in a Jeep Grand Cherokee. The defendant and his friends spotted a group of middle school students leaving a minimart on foot, and they decided to ‘jump’ the younger boys and steal their money. The older group of teenagers followed the three middle school students, eventually stopping the Jeep in front of them. After exiting the Jeep, the defendant and his friend assaulted the younger boys in an attempt to rob them. The defendant grabbed one of the boys, Liam, and pushed him into a nearby parked vehicle. He held a screwdriver to Liam's abdomen and demanded his money. [When Liam said that he did not have any

186 A.3d 679

money on him, the defendant kicked his legs out from under him, causing him to fall to the ground.] When the defendant and his friends

329 Conn. 316

discovered that the younger boys had no money, they fled in the Jeep.

"Several neighbors witnessed all or part of the incident and gave statements to the police, who had responded to a report of an assault. Those statements included a description of the Jeep that the defendant and his friends were using and a partial license plate number. The police also later interviewed the victims, who, although unable to identify their attackers because they had disguised themselves by partially concealing their faces with their T–shirts, gave partial descriptions.

"At about the time of the incident in question, other police officers spotted a Jeep traveling at a high rate of speed in the vicinity. They followed the vehicle into an apartment complex at which time they initiated a stop, eventually identifying the passengers, including the defendant. Although the police were aware of the recent assault, they did not believe that they had enough evidence to arrest or otherwise detain the occupants of the Jeep.

"A week or so following the incident, the police received information that led them to believe that the occupants of the Jeep that they had stopped at the apartment complex were the same group that had attempted to rob the middle school boys. Police detectives interviewed each of the occupants [whom] they had previously identified during the traffic stop.

"Detective Todd Fador, the lead investigator, first went to the defendant's apartment at 330 Highland Avenue on April 10, 2012, for the purpose of conducting an interview with the defendant; however, he found the defendant alone at that time. Because of the defendant's age, Fador would not conduct an interview without a parent present. Fador told the defendant that he would return another time and left a business card, which the defendant gave to his mother, Yocasta Monegro,

329 Conn. 317

thereby alerting her that the police had stopped by her home.

"Fador returned to the defendant's home on April 13, 2012, at approximately 5 p.m. Monegro, Monegro's boyfriend, two younger children, and the defendant were home at that time. Fador was accompanied by another detective, Keith Dablaine, and Officer Angel Rios. Fador had brought Rios along because Rios was fluent in Spanish, and, at their initial meeting on April 10, 2012, the defendant had told Fador that Monegro did not speak English.³ Fador and Dablaine carried sidearms and wore plain clothes with badges around their necks. Rios was dressed in a police uniform and also wore a sidearm.

"Monegro answered the door, at which point Rios explained to her, in Spanish, that the purpose of their visit was to speak with the defendant, who had been identified as a suspect. The interview of the defendant was conducted in the living room. The room had a sofa, a love seat, and a chair. In addition to the main entrance to the room, it had two other doors. The defendant was not immediately present when the police arrived, but Monegro indicated that she would get him. When the defendant entered the room, Fador advised the defendant and Monegro of their juvenile and parental rights, respectively. Rios translated Fador's advisement into Spanish. The defendant was presented with a juvenile waiver form that advised

186 A.3d 680

him of his rights, including his right to remain silent, to consult with an attorney, and to stop answering questions at any time. The defendant initialed six separate paragraphs on the form and signed the form. Monegro was given a parental consent form that contained a similar advisement of rights in

329 Conn. 318

English, which Rios translated for her prior to her initialing and signing the form. The defendant was calm throughout this procedure.

"As the trial court stated in its memorandum of decision denying the motion to suppress, after the waiver forms were signed, Fador ‘verbally advised the defendant that he was free to ask the officers to leave, that he was free to stop speaking to the officers, and that he did not have to speak to the officers at all.⁴ ... [T]he defendant did not ask any questions about his rights, he did not appear to be confused, and he said that he understood his rights.’

" ‘The defendant agreed to give a statement, asking Fador to write it out. [Fador] did so, stopping every few sentences to give [Rios] an opportunity to translate the defendant's statements to [Monegro]. The defendant was cooperative and did not appear to be worried, although it was apparent that [Monegro] was growing increasingly upset as her son progressed with his statement.... After the defendant finished making his statement, he reviewed what [Fador] had written and then signed the statement.... The entire visit took between forty-five minutes and one hour. At no time did anyone ask the officers to stop questioning the defendant or to leave the home....’

329 Conn. 319

" ‘[N]one of the officers advised the defendant that his involvement in the robbery could ultimately lead to his deportation.... [W]hen [Monegro] asked about the risk of deportation, [Rios] replied that such an action is not within his jurisdiction but is, rather, an issue for the Bureau of Immigration and Customs Enforcement.’ ... Although the defendant confessed, first orally and then in writing, to having participated in the events of March 23, 2012, and having attempted to steal money from one of the middle school students, he denied having used any weapon. The defendant was not arrested at that time, and the detectives and Rios left the apartment." (Footnotes added and omitted.) State v. Castillo , supra, 165 Conn. App. at 706–10, 140 A.3d 301.

Approximately one month later, on May 10, 2012, the defendant was arrested pursuant to a juvenile arrest warrant and charged with various delinquent acts, including robbery in the first degree in violation of §...