United States v. Cobb, CRIMINAL CASE NO. 1:16-cr-00281-TCB-RGV
| Decision Date | 01 June 2017 |
| Docket Number | CRIMINAL CASE NO. 1:16-cr-00281-TCB-RGV |
| Parties | UNITED STATES OF AMERICA v. LARRY GRANT COBB, et al. |
| Court | U.S. District Court — Northern District of Georgia |
On October 11, 2016, a federal grand jury in the Northern District of Georgia returned a superseding indictment charging defendants Larry Grant Cobb ("Cobb"), Aaron Isaiah Walton ("Walton"), Seymour Wright ("Wright"), Jerrald Devonta Cook ("Cook"), and Dequantis Bennett, collectively referred to as "defendants," with various offenses following a series of armed robberies of hotels and an auto-parts business in the Atlanta area. [Doc. 19].1 Defendants Walton, Wright, and Cook have moved to dismiss certain counts in the superseding indictment, [Docs. 51 & 65],2 which the government opposes in a consolidated response, [Doc. 75]. Cook and Cobb have filed motions to suppress their statements made on September 15, 2016,[Docs. 66 & 67], and Cobb has filed a supplemental motion to suppress, [Doc. 72], all of which the government opposes, [Docs. 93, 95, & 108]. Evidentiary hearings on Cook and Cobb's motions to suppress their statements were held on January 24, 2017, and January 31, 2017, respectively, [Docs. 77, 83, 86 & 87],3 and the parties filed post-hearing briefs, see [Docs. 93, 95, 103, 104, & 108].4 For the reasons that follow,it is RECOMMENDED that Walton, Wright, and Cook's motions to dismiss counts, [Docs. 51 & 65], and Cook and Cobb's motions to suppress their statements, [Docs. 66, 67 & 72], be DENIED.
At the end of April 2016, Investigator Michael Buckley ("Inv. Buckley"), an investigator for the City of Atlanta Police Department's ("APD") robbery unit and a task force officer assigned to the Federal Bureau of Investigation's ("FBI") task force in the Atlanta area, and FBI Special Agent Robert McAllister ("Agent McAllister") began investigating a series of commercial robberies that began in late April 2016 and continued through August of 2016. (Tr. 2 at 7-9; Tr. at 36). On August 2, 2016, a grand jury in the Northern District of Georgia returned a one-count indictment charging Cobb with possession of a firearm after having previously been convicted of a felony offense, in violation of 18 U.S.C. § 922(g), [Doc. 1, dated 08/02/2016], and a warrant for his arrest was issued on the following day, [Doc. 3]. On September 14, 2016, Wright, Cook, and Walton were charged in a criminal complaint with conspiring to commit a series of Hobbs Act robberies, in violation of 18 U.S.C. § 1951(a), [Doc. 1, dated 09/14/2016], and arrest warrants were obtained for them that same day, (Tr. at 37; Tr. 2 at 9). On the following day at 6:30a.m., Inv. Buckley and Agent McAllister met with other FBI agents and investigators from APD's Fugitive Apprehension Unit to execute the arrest warrants for Cobb, Wright, and Cook. (Tr. 2 at 10; Tr. at 37). At approximately 7:15 a.m., they traveled to the last known address for Cobb and Wright, but were unable to locate either defendant at that address. (Tr. 2 at 10, 32).
Within ten minutes of arriving, agents received information that Cobb and Wright were at an apartment approximately one quarter mile away, and both Cobb and Wright were located and arrested at that apartment between 7:30 and 7:40 a.m. (Tr. 2 at 10-11, 33; Tr. at 37). Cobb and Wright were placed in separate vehicles and transported to APD headquarters, which took approximately ten minutes. (Tr. 2 at 11). Shortly thereafter, some of the FBI agents that were assisting, including FBI Special Agent Matthew Winn ("Agent Winn")5 of the violent crime squad and FBI Special Agent Tim Burke ("Agent Burke") traveled to the last known address for Cook, set up surveillance, and within ten minutes of arriving, observed Cook exit the apartment. (Tr. at 9, 37; Tr. 2 at 12). Agents Winn and Burke, who were in separate vehicles, pulled up and blocked Cook against the building, exited theirvehicles, drew their weapons, and instructed Cook to get on the ground. (Tr. at 9). He was placed in handcuffs. (Tr. at 9; Tr. 2 at 12).
After being arrested, Cook requested that the agents notify his mother, who was in the apartment, that he had been arrested, so Agent Winn knocked on the door and spoke with Cook's mother. (Tr. at 10). Cook also asked if Agent Winn could retrieve a number from his cell phone and give it to his mother. (Id.). Cook was then transported to APD. (Id.). During the transport, Agent Winn provided Cook with background information regarding where they were going, the charges, and the process. (Tr. at 10-11). Agent Winn testified that Cook seemed nervous and "asked [Agent Winn] a lot of questions about the case," and Agent Winn explained that he was not the lead investigator and "downplayed [his] knowledge of the case," (Tr. at 11).
Agents Winn and Burke arrived at APD around 8:45 a.m. and placed Cook in an interview room at approximately 8:53 a.m. (Tr. at 11-12, 14; Gov. Ex. 1 at 8:53). The video recording shows that Cook's hands were not in restraints when he was placed in the interview room, but Agent Winn placed Cook in a single leg restraint. (Gov. Ex. 1). At this time, Cook asked to retrieve telephone numbers from his cell phone, and Agent Winn went to get Cook's phone and assisted him in retrieving thenumbers and "told [Cook] he could use [Agent's Winn's] phone when [they were] done to make the calls if [Cook's phone] had died at that point." (Tr. at 15); see also (Gov. Ex. 1 at 8:53-8:57). Before his interview began, Cook also asked to use the bathroom, and Agent Winn took him to the restroom and then brought him back to the interview room. (Tr. at 15; Gov. Ex. 1 at 9:29-9:32). Agents Winn and Burke initiated the interview with Cook about forty minutes after he arrived in the interview room, while Inv. Buckley and Agent McAllister were interviewing Wright. (Tr. at 15-17, 30, 38-39; Tr. 2 at 17; Gov. Ex. 1 at 9:33).
While Agent Winn stepped out of the room to speak on the phone with Detective Williams , who was in the process of traveling to APD to participate in the interviews, Agent Burke collected biographical information from Cook for the U.S. Marshals booking sheet. (Tr. at 17; Gov. Ex. 1 at 9:34-9:44).6 At 9:41 a.m., while Agent Burke was finishing the booking sheet, Agent Winn reentered the room, and at 9:44 a.m., Agent Winn asked Cook about his education and if he was able to read,write, and speak English, and advised Cook of his Miranda7 rights from an FBI Advice of Rights Form, FD-395,8 by reading the contents of the form aloud to him. (Tr. at 18-19, 29; Gov. Ex. 1 at 9:44-9:46; Gov. Ex. 2). Cook verbally stated he understood his rights and signed the waiver portion of the form at approximately 9:46 a.m., acknowledging that he had read his rights, understood them, and that he was willing to answer questions without a lawyer present, (Tr. at 19; Gov. Ex. 1 at 9:46; Gov. Ex. 2), and Agents Winn and Burke signed the form as witnesses, (Tr. at 19; Gov. Ex. 2).
At this time, Agent Burke left the interview room and Detective Williams took his place because he had more knowledge of the investigation. (Tr. at 20; Gov. Ex. 1). Agent Winn introduced Detective Williams, provided Cook an overview of the investigation, and advised him of the charges against him. (Tr. at 20; Gov. Ex. 1). Agent Winn said that federal sentencing was "harsh" and one of the ways people try to help themselves is by accepting responsibility and cooperating, and he explained that he could not make any guarantees, but typically, that is how people have improved their positions. (Gov. Ex. 1 at 9:51). Agent Winn continued to discuss with Cook the value of accepting responsibility, and Cook interrupted, stating, and Agent Winn responded that he would be appointed a lawyer or he could hire one, but that "it won't happen right now [] so if you wanna talk to me and explain to me now it would be between you and me and Detective Williams [] if you decide not to do that then at a later date . . . you can hire a lawyer or one will be appointed for you in which you will be able to talk to that person." [Doc. 94-1 at 1-2]; see also (Gov. Ex. 1 at 9:55; Tr. at 30, 33). Cook stated that he needed a phone call, so he could call his mother, and Agent Winn said that he would let him make a phone call, but he needed to "get through this part of it first" and this was Cook's "chance to talk to [Agent Winn] and explain[his] side of the story." [Doc. 94-1 at 2]; (Gov. Ex. 1 at 9:55-9:56; Tr. at 30-33). Agent Winn continued to explain that this was Cook's chance to explain his motive for committing the robberies, and Cook stated, [Doc. 94-1 at 3]; (Gov. Ex. 1 at 9:57; Tr. at 31, 33). Agent Winn responded, "The bottom line is I think I've already shown you that you're incriminated." [Doc. 94-1 at 3]; (Gov. Ex. 1 at 9:57-9:58).
At 10:12 a.m., Cook said that he had another question, and he asked if they were trying to make a deal with him, and Agent Winn stated that he was not in any position to make a deal and that he had explained the benefits to Cook of accepting responsibility and cooperating. (Gov. Ex. 1 at 10:12-10:13; Tr. at 21-22, 34).9 Agent Winn said that his cooperation would be reported to the prosecutor and to the court, but that he could not tell him exactly how much time he was facing or how much of a reduction he would get if he cooperated. (Gov. Ex. 1 at 10:14-10:15). Agent Winn and Detective Williams asked Cook to be straight with them, and Cook responded by asking if they would be straight with him and help him get less time. (Gov. Ex. 1 at 10:34). Agent Winn stated that he would do everything he could tohelp him out if he was straight up with him....
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