U.S. v. Headdress

• Decision Date: 14 November 1996
• Docket Number: No. 2:95-CR-249C.,2:95-CR-249C.
• Citation: 953 F.Supp. 1272
• Parties: UNITED STATES of America, Plaintiff, v. Charles Kenneth HEADDRESS and Kelly Royja Ankerpont, Defendants.
• Court: U.S. District Court — District of Utah

953 F.Supp. 1272

UNITED STATES of America, Plaintiff, v. Charles Kenneth HEADDRESS and Kelly Royja Ankerpont, Defendants.

No. 2:95-CR-249C.

United States District Court, D. Utah, Central Division.

November 14, 1996.

COPYRIGHT MATERIAL OMITTED

Barbara Bearnson, Assistant United States Attorney, Salt Lake City, UT, for Plaintiff.

Michael Jaenish, Mary Corporon, Salt Lake City, UT, for Defendants.

ORDER

CAMPBELL, District Judge.

On November 1, 1996, United States Magistrate Judge Ronald N. Boyce issued a Report and Recommendation in this case, recommending that the defendants' motion to suppress be denied. No objections were filed. The court finds that the magistrate's findings and conclusions are correct in all respects, and hereby adopts the magistrate's Report and Recommendation as the order of the court. Accordingly, defendant's motion to suppress is DENIED.

REPORT & RECOMMENDATION

BOYCE, United States Magistrate Judge.

The defendants, Royja Ankerpont and Charles Headdress, have been indicted for the crime of murder in Indian Country, allegedly occurring on or about December 1, 1995 within the boundaries of the Uintah-Ouray Reservation (File Entry # 15). The defendant Headdress made a motion to dismiss the indictment or to suppress evidence alleging the Government destroyed or failed to preserve substantial physical evidence (File Entry # 43). The defendant submitted a memorandum further detailing his claims as to this motion (File Entry # 44). The defendant Headdress also made a motion to suppress a statement of Headdress contending there was inadequate compliance with Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) (File Entry # 46). Headdress also contends he was denied food and held incommunicado for a period before his statement and that his statement was involuntary under the Fifth Amendment (Id.).

The defendant Ankerpont also submitted a motion to suppress statements taken from him contending there was a violation of Miranda, supra, and his statements were involuntary (File Entry # 66). Defendant Ankerpont filed a supplemental memorandum to suppress statements including one made near a bridge and stream bed where the deceased's body was found (File Entry # 96). Defendant Headdress also filed a supplemental memorandum in support of his motion to suppress his post arrest statements (File Entry # 97). That memorandum also raised the issue that Headdress was arrested at approximately 11:30 a.m. on December 1, 1995 and transported to the Fort Duchesne jail and was not taken before a United States Magistrate Judge until December 4, 1995. The United States has filed a response to the defendants' motions contending no violation of the Constitution or other law occurred (File Entry # 102). An addendum to that response was also submitted (File Entry # 103).

Hearings were held on the motions to suppress on five separate days: March 22, 29, April 6, April 10, and April 24, 1996. The case has been referred to the magistrate judge under 28 U.S.C. § 636(b)(1)(B). This report and recommendation is submitted pursuant to the reference on the defendants' motions to dismiss and suppress.

Evidence

Officer Jay Mountain Lion, a Ute Tribal officer of the Bureau of Indian Affairs Police Department, testified (Tr. p. 33). He is a patrol officer. On December 1, 1995 he was on duty from 6:00 a.m. to 2:00 p.m. At approximately 7:26 a.m. he was on patrol near Elk Horn Loop Road in a patrol unit when a vehicle approached from behind flashing its lights on and off (Tr. pp. 34-35). Mountain Lion stopped and the other vehicle pulled alongside. Defendant Ankerpont was the driver and his mother, Ms. Ice was a passenger (Tr. p. 35). The officer knew them, they are cousins to the officer. Defendant Ankerpont is Ms. Ice's son (Tr. p. 36). Ms. Ice said she wanted to report an assault and pointed towards the east. Ankerpont said they threw him in the river. Ankerpont said it was Tilford Tapoof (the deceased murder victim). The defendant and his mother were in their car (Tr. p. 37) and the officer was in his vehicle. The officer told the defendant and his mother to go first and he would follow. They stopped at the White Rocks Canyon turnoff where there is a bridge and a culvert. They all parked their vehicles and got out (Tr. pp. 38-39). Mountain Lion asked what happened but Ankerpont did not respond but he walked off the bridge and pointed underneath the bridge. The officer observed the defendant pointing and a red substance on the rocks. The officer believed the substance to be blood (Tr. p. 40). The officer moved closer and could see an individual lying face down in a river or creek. It was Tapoof, he was 10 to 12 feet away. The officer was on the creek bed and Ankerpont was next to him (Tr. p. 41). The officer went to the body and checked for a pulse. There was no response. The deceased had visible injuries to the back of the head and body (Tr. pp. 41-42). The body was lying face down without a shirt. The officer directed Ankerpont to go back to the bridge, in order to preserve the crime scene. Ankerpont did not touch the body (Tr. p. 42). Ankerpont went to the bridge. The officer did not make any threats and had advised Ankerpont to return to the bridge the same way he had come down to where the body was located. This was in order not to disturb the crime scene (Tr. p. 44).

The officer noticed a red substance in the area underneath where Ankerpont's vehicle was parked (Tr. p. 44). The officer asked Ankerpont to move his vehicle off the bridge; the officer believed the substance was blood. Ankerpont said he didn't have anything to do with what happened (Tr. p. 44). Defendant Ankerpont moved his vehicle. He was not threatened and Ms. Ice was standing by the bridge.

The officer called his superior Lieutenant James Two Bulls (Tr. p. 45). Mountain Lion advised Two Bulls of what had happened and was advised to secure the area and wait for other units (Tr. p. 46). Officer Mountain Lion asked Ms. Ice what Ankerpont had told her. Ice said Ankerpont arrived at about 7:00 a.m. and she asked him what he'd done now. Ankerpont apparently said Charlie (Headdress) and a juvenile beat up Tilford (Tapoof) and threw him in the river. Ice wanted to go with Ankerpont to the bridge to see what happened (Tr. p. 47). That is when they saw Mountain Lion's patrol unit. Ankerpont said he drove the other two participant individuals home (Tr. p. 48). Mountain Lion asked Ice if she knew what the fighting was about and Ice said that Ankerpont didn't say anything. Ice was crying during the time and Mountain Lion tried to comfort her. Ankerpont was standing nearby. Nothing was done to indicate Ice and Ankerpont were in custody, they were not handcuffed (Tr. p. 49).

Mountain Lion then asked Ankerpont if he would make out an affidavit and he agreed (Tr. p. 49). No threats were made or force used. The officer read Ankerpont his preinterrogation rights under Miranda.¹ This was on the bridge (Tr. p. 50). The Miranda warnings were read from a notebook and complied with the Miranda warning requirements (Tr. p. 51). Mountain Lion asked Ankerpont if he understood and he replied "yes." Ms. Ice was standing next to him (Tr. p. 52). Mountain Lion asked Ankerpont who was with him when the event occurred and he said a juvenile and Charlie Headdress were the ones involved (Tr. pp. 52-53). Ankerpont and Ice were not wearing coats and Mountain Lion offered them blankets which they took and wrapped around them (Tr. p. 54). Mountain Lion noticed Ankerpont had a red substance like blood on his pants. Mountain Lion gave Ankerpont the affidavit form and asked him to write what happened (Tr. pp. 55-56). The officer asked Ankerpont if he would like to get in the patrol car, where he would be more comfortable, and Ankerpont walked to the vehicle and sat on the front seat. Ankerpont started writing. About that time Lieutenant Two Bulls arrived (Tr. p. 57) and he was informed by Mountain Lion as to what occurred (Id.). Ankerpont finished writing and left the affidavit in the patrol car and he exited. Ms. Ice who was crying asked for a cigarette and went to her car and got one (Tr. pp. 57-58). Ankerpont got a cigarette from Ice. Mountain Lion got the affidavit (Tr. p. 59) (Exhibit 2).

Lieutenant Two Bulls spoke to Ankerpont. Mountain Lion had told Two Bulls that a Miranda warning had been given to Ankerpont (Tr. p. 60). Ankerpont was arrested and taken to the Ute Tribal jail at Fort Duchesne. He was not handcuffed (Tr. pp. 60-61).

At about 11:20 a.m., Mountain Lion assisted Officers Two Bulls and Cuch to arrest defendant Charles Headdress (Tr. pp. 61-62). He was arrested at the home of Betty Poowegup where Headdress lived. She is a relative. The home is about a quarter of a mile from the place where the body was found (Id.).

When Ice and Ankerpont first encountered Mountain Lion, Ms. Ice said she wanted to report an assault. Mountain Lion was in his car and then they drove to the crime scene (Tr. p. 64). At the scene both Ankerpont and Ice exited their vehicle without being told to do so (Tr. p. 64). Tapoof's body could not be seen. Ankerpont walked to the bridge down to the creek bed where he stood pointing. Mountain Lion followed and pointed (Tr. p. 65). Ankerpont did not touch the body (Id.). Mountain Lion went over to the body to check for a pulse and could detect none (Tr. pp. 67-68). The body was face down, the water was about six inches deep. He didn't know if the deceased's face was in the water (Id.). The officer did notice blood on the rocks and on the road (Tr. pp. 70-71). The officer did not perceive Ankerpont to have been under the influence of alcohol (Tr. pp. 74-75). The officer did not have any conversation with Ankerpont during the time he was filling out the affidavit other than to ask him who was with him at the time of the incident (Tr. p. 77). This was after Ankerpont had been informed of his rights. Ankerpont was handcuffed at the...