United States v. Dotstry
| Decision Date | 13 November 2017 |
| Docket Number | Crim. No. 16–346 (SRN/HB) |
| Citation | 292 F.Supp.3d 907 |
| Parties | UNITED STATES of America, Plaintiff, v. Kendrick Ledelle DOTSTRY, Defendant. |
| Court | U.S. District Court — District of Minnesota |
Andrew S. Dunne, Office of the United States Attorney, 300 South Fourth Street, Suite 600, Minneapolis, Minnesota 55415, for Plaintiff United States of America
Robert M. Paule, Robert M. Paule, PA, 920 Second Avenue South, Suite 975, Minneapolis, Minnesota 55402, for Defendant Kendrick Ledelle Dotstry
Before the Court is the Motion to Withdraw Plea of Guilty [Doc. No. 62] filed by Defendant Kendrick Ledelle Dotstry ("Dotstry"). On November 3, 2017, the Court held an evidentiary hearing on this motion, at which Dotstry offered testimony and counsel presented oral arguments. For the reasons set forth below, Defendant's motion is denied.
The Indictment [Doc. No. 1] in this case charges Dotstry with being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) & 924 (a)(2). Dotstry had prior felony convictions from this District for possession with intent to distribute cocaine in 2000, and conspiracy to distribute cocaine/cocaine base in 2009. (Indictment at 1.)
The current charges stem from events occurring on November 19, 2016, when several 911–callers reported an in-progress domestic abuse incident at a Minneapolis apartment complex. (See R & R at 2 [Doc. No. 34].) While officers were en route to the scene, they learned the suspect's name and obtained a description of the suspect and his vehicle. (Id. ) The callers indicated that the suspect had also pointed a gun at several persons near the apartment complex. (Id. at 3.)
At the evidentiary hearing on the instant motion, Dotstry testified that his actions on the day in question were in self-defense. (See Nov. 3, 2017 Hr'g Tr. at 12 [Doc. No. 73].) As he explained at the hearing and in a November 3, 2017 letter to the Court, on November 19, 2016, he visited the apartment complex to attend a baby shower for a woman named Juanita, with whom he was expecting a child. (Def.'s Nov. 3, 2017 Letter at 2 [Doc. No. 68].) At the same time, however, Dotstry was also expecting a child with a different woman—a fact that was apparently known to Juanita and members of her family, who were unhappy with Dotstry. (See id. ) (, "A couple of sisters of ... Juanita got involved and started a [w]hole bunch of drama and turn[ed] her family against me. (Ok[,] I deserve for them to be mad.)"). While he was arguing with Juanita in front of the building, Dotstry contends that a man named Duke told him to leave. (Id. ) Dotstry then walked off and engaged in conversation with a man named Andre. (Id. ) After Andre left, Dotstry asserts that he was walking to his truck when Duke approached him and the two started fighting. (Id. ) Duke pulled out a gun, which Dotstry deflected, causing Duke to drop the weapon. (Id. ) Shortly thereafter, Dotstry contends that "about 20" members of Juanita's family, who came out to help Duke, approached Dotstry. (Id. ) Believing that Juanita's family members meant him harm, Dotstry waved a gun in front of himself. (Id. ) As he later explained, "I did wave the gun to get all the people to back away from me." (Def.'s Nov. 3, 2017 Letter at 3.) Dotstry then got into his truck and started to leave. (Nov. 3, 2017 Hr'g Tr. at 12.)
When the responding police officers arrived at the scene, they observed a suspect and vehicle that matched the callers' descriptions. (R & R at 3.) After the driver, later identified as Dotstry, voluntarily pulled over, the officers initiated a stop. (Id. ) Because of concerns that Dotstry was armed, officers drew their weapons, crouched behind the doors of their squad car, and issued commands to Dotstry. (Id. ) Dotstry initially refused to comply, but ultimately did so. (Id. at 3.) While the officers were securing him, the following exchange occurred between Dotstry and Officer Andrew Schroeder:
(See id. at 3–4.) Officers retrieved a loaded Sig Sauer 9–millimeter handgun from the center console of the truck and placed Dotstry under arrest. (Id. at 4.)
After transporting Dotstry to the jail's sally port, Dotstry asked Officer Schroeder how much "time" he would be facing. (Id. at 5.) Officer Schroeder responded that "everything happens for a reason" and "at least you're above ground." (Id. ) Dotstry then stated that he had initially considered drawing his gun in response to the officers' commands to exit his truck, but reconsidered because he was a new father. (Id. )
Dotstry's family retained attorney F. Clayton Tyler ("Tyler") to represent Dotstry on the felon-in-possession charge. (Nov. 3, 2017 Hr'g Tr. at 13–14.) Tyler had previously represented him on his two prior felony convictions in federal court and Dotstry testified that he was satisfied with Tyler's prior services. (See id. at 14–15.)
In his pretrial motions in this case, Dotstry moved to suppress the statements he made at the scene of arrest. (See Def.'s Mem. Supp. Mot. to Suppress at 4 [Doc. No. 32].) He argued that those statements were obtained without a Miranda warning, in violation of the Fifth Amendment. (Id. ) Following a hearing on his motions, Magistrate Judge Bowbeer found that Dotstry's statements at the scene of arrest concerning the gun's location fell under the public safety exception to Miranda set forth in New York v. Quarles, 467 U.S. 649, 104 S.Ct. 2626, 81 L.Ed.2d 550 (1984). (R & R at 7–10.) In addition, even though Dotstry did not argue for the suppression of his statements made in the jail's sally port, in an abundance of caution, the magistrate judge nevertheless addressed them as well. (Id. at 10–11.) Because Magistrate Judge Bowbeer found that Dotstry's statements made in the jail sally port were voluntary, and not in response to custodial interrogation, she found the requirements of Miranda inapplicable. Accordingly, the magistrate judge denied Dotstry's suppression motion. (Id. ) Dotstry appealed the magistrate judge's recommendation. (See Def.'s Obj. [Doc. No. 35].) On review, this Court denied Defendant's motion as to the challenged scene-of-arrest statements concerning the possession of the firearm and its location in the vehicle, and likewise adopted the magistrate judge's recommendations as to the statements made in the sally port.1 (May 26, 2017 Order at 10 [Doc. No. 37].)
On June 13, 2017, Dotstry and his counsel appeared at a change-of-plea hearing. He did not enter into a plea agreement with the Government, (see June 13, 2017 Hr'g Tr. at 14 [Doc. No. 51],) but chose to plead guilty to the single felon-in-possession charge in the Indictment. During a lengthy colloquy with the Court, Dotstry: (1) acknowledged his competence and ability to understand the proceedings (id. at 4–6); (2) twice expressed his intention to plead guilty, (id. at 2, 12); (3) attested three times to his understanding that once he entered a guilty plea, and the Court accepted it, he would not be able to withdraw it, (id. at 4, 11, 17); (4) stated that he had reviewed the charges with his attorney and was satisfied with Tyler's legal representation, (id. at 6); (5) indicated his understanding of the constitutional rights that he was waiving by pleading guilty instead of going to trial, (id. at 7–11); (6) understood the charges against him, and the possible statutory penalties that he faced by entering a guilty plea, (id. at 11–14); (7) understood the advisory sentencing guidelines and the range of sentences that might be applied to him; (id. at 14–17); (8) understood that the parties disagreed about the applicability of a guideline enhancement, which they would have an opportunity to argue at a later time, (id. at 15–17); (9) provided a sufficient factual basis for the guilty plea, (id. at 17–23); and (10) stated that he was making the plea voluntarily and of his own free will, without any coercion or force. (Id. at 23). The Court also advised that by pleading guilty, criminal defendants relinquish the right to bring pretrial motions. (Id. at 10.) But because Dotstry had already filed his pretrial motions, the Court stated, (Id. at 11.)
(Id. at 24.)
In July 2017, Attorney Tyler moved to withdraw as Dotstry's counsel, citing a deterioration in the attorney-client relationship. (See Counsel's Mot. to Withdraw at 1 [Doc. No. 44].) Dotstry testified that the cause of the deteriorating relationship was Tyler's refusal to assert self defense, i.e., a "justification" defense, in response to the felon-in-possession charge. (See Nov. 3, 2017 Hr'g Tr. at 30–31.) The Court granted Tyler's motion, and appointed Dotstry's current counsel, Mr. Paule. (See Order [Doc. No....
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