U.S. v. Corbett

• Decision Date: 31 May 2011
• Docket Number: 3:10-cr-28 (CFD)
• Court: U.S. District Court — District of Connecticut
• Parties: UNITED STATES OF AMERICA v. LARRY CORBETT

UNITED STATES OF AMERICA

v.LARRY CORBETT

3:10-cr-28 (CFD)

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

Dated: May 31, 2011

MEMORANDUM OF DECISION

The defendant, Larry Corbett, is charged in a six count Superseding Indictment with the following offenses: kidnapping resulting in death in violation of 18 U.S.C. § 1201(a)(1) (Count One); premeditated murder through the use of a firearm in violation of 18 U.S.C. §§ 924(c), 924(j)(1) (Count Two); felony murder through the use of a firearm in violation of 18 U.S.C. §§ 924(c), 924(j)(1) (Count Three); interference with commerce by robbery in violation of 18 U.S.C. § 1951(a)(1) (Count Four); possession with intent to distribute marijuana in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(D) (Count Five); and using or carrying a firearm during and in relation to a narcotics trafficking offense in violation of 18 U.S.C. § 924(c)(1)(A)(iii) (Count Six). The Superseding Indictment alleged that Corbett kidnapped, robbed, and murdered George McPherson on January 14, 2008.

On March 14, 2011, Corbett waived his right to a jury trial pursuant to Federal Rule of Criminal Procedure 23(a). The Court commenced a bench trial on March 28, 2011. At the close of the evidence, Corbett requested specific findings of fact in accordance with Federal Rule of Criminal Procedure 23(c).¹ The Court's findings of fact and conclusions of law follow.

I. Findings of Fact

After consideration of the testimony and exhibits presented at trial, the Government's proposed findings of facts and the defendant's proposed findings of facts, and closing arguments by counsel, the Court finds as follows² :

1. At all relevant times, Larry Corbett resided at 383 Harral Avenue in Bridgeport, Connecticut.

2. Prior to January 14, 2008, Corbett had purchased redistribution quantities of marijuana from George McPherson on at least two occasions. Corbett first purchased marijuana from McPherson in November 2007, around Thanksgiving, and again purchased marijuana from McPherson in December 2007. Both purchases were made in McPherson's apartment, which was located at 3180 Tiemann Avenue, Bronx, New York.

3. Corbett arranged another marijuana purchase from McPherson for January 14, 2008. Corbett and McPherson made a number of cellular telephone calls to each other about the marijuana deal.³ The planned transaction was for the sale of approximately twenty-seven pounds of marijuana from McPherson to Corbett for approximately $1,000 per pound. Corbett planned to travel from Bridgeport, Connecticut, to McPherson's apartment in Bronx, New York, to receive the marijuana.

4. McPherson was concerned about being able to locate twenty-seven pounds of marijuana for the January 14 transaction with Corbett because it was an amount of marijuana significantly larger than McPherson typically sold.

5. Shortly before January 14, 2008, Corbett told Rayshan Smith, his friend and co-worker, that he was planning to rob a Jamaican drug dealer in the Bronx. Corbett further indicated to Smith that he had previously purchased marijuana from the dealer, that he had been inside the dealer's house on multiple occasions, that he had good dealings with the dealer and was comfortable with him, and that he was going to "flash some money" at the dealer and rob him. Corbett also tried to solicit Smith to accompany him to New York to commit the robbery—Corbett promised to give Smith some of the money resulting from the robbery if Smith agreed to join him. Corbett called Smith several times on the evening of January 13, 2008, and the morning of January 14, 2008, before the planned robbery in the Bronx; however, Smith did not answer and did not go to New York with Corbett.

6. Corbett traveled from Bridgeport, Connecticut, to the Bronx on the morning of January 14, 2008, in a green Dodge Grand Caravan that was registered to Corbett's wife. Corbett planned to kidnap McPherson and rob him of the marijuana.

7. Corbett arrived at McPherson's Tiemann Avenue apartment in the Bronx around 9:00 a.m. on January 14. McPherson met Corbett at the door of his apartment and informed Corbett that he did not yet have all of the marijuana for the planned transaction. Corbett leftMcPherson's apartment and went to get breakfast nearby. McPherson also left his apartment, but shortly returned with a large blue bag that contained a substantial amount of marijuna.⁴

8. Around 10:30 a.m., Corbett called McPherson and requested that McPherson come outside to Tiemann Avenue to conduct the sale of the marijuana. McPherson, a long-time marijuana dealer, customarily conducted his sales from within his apartment. Corbett used this approach as a ruse to get McPherson to leave his apartment and to come to the van; Corbett told McPherson that he suspected that he was going to be robbed of his cash by people in a suspicious car nearby on Tiemann Avenue. McPherson acquiesced and exited his apartment. Corbett's van was parked in front of McPherson's building along the curb on the near side of the road, with its front-end facing oncoming traffic and away from the dead end of Tiemann Avenue, in order to make a quick getaway.⁵

9. McPherson entered Corbett's van with the bag of marijuana. Once inside Corbett's van, McPherson was held against his will and driven away in the van from Tiemann Avenue by Corbett and another unidentified person who was in the van with Corbett (hereinafter identified as "X"). X had joined with Corbett in the plan to kidnap and rob McPherson. No one on or near Tiemann Avenue indicated that they heard any gunshots or other loud disturbances at or around the time McPherson entered the van, and no evidence of gunshots on Tiemann Avenue was discovered.

10. Corbett and X continued to hold McPherson against his will, transported him in Corbett's van from Tiemann Avenue to an unknown location, and robbed him of the marijuana that he had carried into the van. McPherson was then shot and killed by either Corbett or X with two shots from a .40 caliber semi-automatic handgun. At approximately 11:16 a.m., Corbett backed his van onto Sterling Road in Greenwich, Connecticut, pulled McPherson's body from the van and left it on the road, and immediately drove away. After McPherson was shot and killed, Corbett removed and disposed of McPherson's wallet, cellular telephones, and jacket. It is not clear whether McPherson was killed while in New York or Connecticut; however, McPherson was not killed immediately upon entering Corbett's van on Tiemann Avenue.

11. At approximately 11:20 a.m. on January 14, 2008, McPherson's body was discovered on Sterling Road by a nearby homeowner. The homeowner called 911 and waited inside her car until the police arrived approximately three minutes later.

12. Greenwich Police Officer Paul Zazerro was the first to respond to the 911 call regarding McPherson's body. Upon arriving at the scene, Officer Zazerro observed McPherson's body lying face down on Sterling Road. McPherson's white long-sleeve shirt was blood stained and was pulled over his head, and his blue jeans were pulled down about half-way on his buttocks. Officer Zazerro further observed two gunshot wounds in the upper right of McPherson's back. Officer Zazerro checked McPherson's vital signs and concluded that he was dead. Following an investigation by Detective Steven Hickey of the Greenwich Police Department, McPherson's body was transported to the Connecticut Medical Examiner's Office.⁶

13. Dr. Ira Kanfer of the Office of the Chief Medical Examiner performed an autopsy of McPherson's body at 9:30 a.m. on January 15, 2008. Dr. Kanfer described McPherson as a "well-developed, well-nourished black male appearing the stated age of 49 years." Based on his examination, Dr. Kanfer determined that the cause of McPherson's death was two gunshot wounds to McPherson's upper right back that traveled from McPherson's back to front and from his right to his left—one bullet pierced McPherson's cervical vertebral column and the other impacted McPherson's aorta and left lung. Dr. Kanfer also identified a one inch jagged laceration on McPherson's left hand, which was "relatively superficial in nature," and Dr. Kanfer did not observe any gunshot powder or residue on McPherson's hand. Dr. Kanfer concluded that the manner of death was a homicide and that McPherson died "fairly quickly" after being shot.

14. On the evening of January 16, 2008, Corbett drove the green Dodge Grand Caravan to Washington, D.C., for the purpose of disposing of the van as it contained a number of blood stains from McPherson's body. Corbett arrived at the residence of his ex-girlfriend and mother of his daughter, Delores Flood, in Washington, D.C., at approximately 3:00 a.m. on January 17, 2008. Later that morning, Corbett asked Flood whether she could help him sell the green Dodge Grand Caravan, but Flood declined.

15. In the afternoon of January 17, 2008, Corbett's green Dodge Grand Caravan was stolen in Washington, D.C. Corbett reported the van stolen to the Metropolitan Police Department in Washington, D.C., and the van was later recovered by the Metropolitan Police, towed, and ultimately seized by the Greenwich (Connecticut) Police Department on January 23, 2008, pursuant to a Washington, D.C., search warrant. The green Dodge Grand Caravan wastransported back to Connecticut and a Connecticut search warrant for the van was executed on January 23.

16. Forensic examination of the interior of the green Dodge Grand Caravan revealed extensive blood stains consistent with McPherson's blood in a number of areas in the van.

17. On January 29, 2008, Corbett was arrested in Stamford, Connecticut, by detectives in the Greenwich Police Department. After signing a Notice of Rights form on two occasions and knowingly and voluntarily waiving his constitutional rights, Corbett admitted to driving to McPherson's apartment on the morning of January 14, 2008, for the purpose of completing a marijuana transaction. Corbett also admitted that he drove from Bronx,

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