United States v. Eldridge
| Decision Date | 28 August 2017 |
| Docket Number | 1-09-CR-329 |
| Parties | UNITED STATES OF AMERICA v. THAMUD ELDRIDGE, et al., Defendants. |
| Court | U.S. District Court — Western District of New York |
Defendant Thamud Eldridge and defendant Kevin Allen have moved to vacate their convictions and for a new trial. (Dkt. Nos. 682 and 695, 704) For the following reasons, Eldridge and Allen's motions are denied in their entirety.
In this case, the Government contended that Eldridge and Allen were members of a criminal organization that engaged in the distribution of cocaine, cocaine base, marijuana, and heroin and also committed acts of violence in furtherance of their drug trafficking enterprise, including murder, robbery and extortion. It was alleged that defendants and others targeted and robbed drug dealers of money and controlled substances, and that they used firearms, extortion and violence to expand their territory and power. In addition to various racketeering, narcotics, and weapons crimes, the Government alleged that Eldridge and Allen kidnapped and robbed Woodie Johnson, a cocaine dealer, in February of 2005 and robbed and murdered Sam Jones, also a cocaine dealer, in April of 2005. The Government also alleged that, in a separate incident in April of 2005, Eldridge robbed and murdered Thedrus Laster, a marijuana dealer.
On June 20, 2012, defendants Eldridge and Allen were charged, in a Superseding Indictment ("Indictment"), with racketeering (Count 1, in violation of 18 U.S.C. §1962(c)); racketeering conspiracy (Count 2, in violation of 18 U.S.C. §1962(d)); narcotics conspiracy (Count 3, in violation of 21 U.S.C. §846); possession of firearms in furtherance of drug trafficking (Count 4, in violation of 18 U.S.C. §§924(c)(1) and (2)); kidnapping in aid of racketeering (Count 5, in violation of 18 U.S.C. §§1959(a)(1) and (2)); Hobbs Act robbery (Count 6, in violation of 18 U.S.C. §§1951 and 2), and possess and brandish of a firearm in furtherance of violent crime (Count 7, in violation of 18 U.S.C. §§924(c)(1)(A)(ii) and 2). (Dkt. No. 164) Counts 5, 6 and 7 related to the kidnapping and armed robbery of Johnson. Defendant Galen Rose was charged with possession with intent to distribute marijuana (Count 8, in violation of 21 U.S.C. §841(a)(1)) and conspiracy to distribute marijuana (Count 9, in violation of 21 U.S.C. §846). Id. Eldridge was charged in Count 10 (murder in aid of racketeering, in violation of 18 U.S.C. §§1959(a)(1) and 2), Count 11 (Hobbs Act robbery, in violation of 18 U.S.C. §§1951 and 2), and Count 12 (discharge of firearm causing death, in violation of 18 USC §§§924(c)(1)(A)(iii), 924(j)(1) and 2), relating to the robbery and death of Laster on April 3, 2005. Id. Rose was also charged in Count 11 (Hobbs Act robbery) and Count 12 (discharge of a firearm causing death), related to the robbery and death of Laster. Id. Eldridge and Allen were charged in Count 13 (murder in aid of racketeering), Count 14 (Hobbs Act robbery), and Count 15 (discharge of firearm causing death), relating to the robbery and death of Jones on April 6, 2005. Id.
Kashika Speed, a fourth defendant, was also charged in a number of counts including racketeering, racketeering conspiracy, narcotics conspiracy, possession of firearms in furtherance of drug trafficking, as well as the counts related to the kidnapping and robbery of Johnson, the robbery and murder of Laster, and the conspiracy to rob Jones. Speed entered into a plea agreement with the Government on June 16, 2014. On October 2, 2014, Speed was sentenced by the Court to a period of incarceration of 192 months.
Eldridge was further charged in Count 16 (possession and discharge of a firearm in furtherance of drug trafficking, in violation of 18 U.S.C. §§924(c)(1)(A)(iii) and 2) and Count 17 (felon in possession of firearm, in violation of 18 U.S.C. §§§922(g)(1), 924(a)(2) and 2). (Dkt. No. 164) On January 7, 2016, the Court issued a Decision and Order severing Counts 16 and 17 from the rest of Indictment. (Dkt. No. 530)
On January 6, 2016, a jury trial commenced as to defendants Eldridge, Allen and Rose on Counts 1 through 15 of the Indictment. Following a five and one-half week trial, the jury found Eldridge guilty of racketeering (Count 1). (Dkt. No. 617) With respect to the racketeering act findings, the jury found that Eldridge conspired to distribute controlled substances, attempted to commit a robbery at 87 Girard Street, kidnapped and robbed Johnson on February 23, 2005, and possessed cocaine with intent to distribute on February 23, 2005. Id. The jury found Eldridge not guilty as to the racketeering acts involving the robbery of Larry Kemp and the intentional murder of Laster. The jury was unable to reach a verdict as to the racketeering acts which involved the robbery of Laster and the causing of his death in the course of the robbery. Id. The jury was also unableto reach a verdict as to any of the racketeering acts which involved the robbery and murder of Jones. Id. The jury found Eldridge guilty of racketeering conspiracy (Count 2), narcotics conspiracy (Count 3), possession of firearms in furtherance of drug trafficking (Count 4), and the kidnapping and robbery of Johnson at gunpoint (Counts 5, 6 and 7). Id. The jury found Eldridge not guilty of murder in aid of racketeering as to Thedrus Laster (Count 10). Also as to Eldridge, the jury was unable to reach a verdict on the robbery of Laster and the use of a firearm causing his death (Counts 11 and 12), and was unable to reach a verdict as to the murder and robbery of Jones as well as the use of a firearm causing his death (Counts 13, 14 and 15). Id. The jury found Allen guilty of racketeering (Count 1). Id. With respect to the racketeering act findings, the jury found that Allen conspired to distribute controlled substances, and that he conspired to rob Johnson on February 23, 2005. Id. The jury found that Allen did not commit the robbery of Larry Kemp, and was unable to reach a verdict as to whether Allen kidnapped Johnson and possessed cocaine with intent to distribute on February 23, 2005. Id. The jury was also unable to reach a verdict as to whether Allen committed the racketeering acts involving the robbery and murder of Sam Jones. Id. The jury found Allen guilty of racketeering conspiracy (Count 2), narcotics conspiracy (Count 3), and possession of firearms in furtherance of drug trafficking (Count 4). The jury found Allen guilty of conspiring to rob Woodie Johnson (Count 6), but was unable to reach a verdict as to whether Allen kidnapped Johnson in aid of racketeering and used a firearm to rob and kidnap Johnson (Counts 5 and 7). Also with respect to Allen, the jury was unable to reach a verdict as to the murder and robbery of Jones as well as the use of a firearm causing his death (Counts 13, 14 and 15). The jury found Rose guilty of possession with intent to distributemarijuana (Count 8) and conspiracy to possess with intent to distribute marijuana (Count 9). The jury was unable to reach a verdict as to whether Rose robbed Laster or discharged a firearm causing his death (Counts 11 and 12).1
Following the verdict, motions were filed by both the Government and defense counsel regarding whether retrial of Eldridge and Allen on the hung counts should be deferred until there was a resolution of the appeal of the counts of conviction, when the Court should try the severed counts (Counts 16 and 17) as to Eldridge, and whether the severed counts should be tried together with the hung counts. Also during that time, Eldridge's trial counsel filed a motion to withdraw from the case. The Court granted the motion to withdraw, appointed new counsel for Eldridge and provided counsel time to familiarize himself with the record. On October 4, 2016, the Court issued a Decision and Order declaring a mistrial as to the hung counts and granting the Government's request to defer a trial of the hung counts until the counts of conviction were resolved through post-trial motions and any subsequent appeals. (Dkt. No. 677) The Court also granted Eldridge's request to adjourn the trial of the severed counts pending the outcome of any post-trial motions. Id. The Court reasoned, in part, that combining a potential trial of the hung and severed counts until after the conclusion of the appeal of the counts of conviction would benefit judicial economy and Eldridge, in that he would only face one potential trial as opposed to two and the Government, depending on the outcome of the appeal, may decide not to pursue all of the remaining counts against him. Id.
Allen filed a motion to vacate his counts of conviction and for a new trial pursuant to Rules 29 and 33 of the Federal Rules of Criminal Procedure on January 17, 2017. (Dkt. No. 682) Eldridge filed a motion to vacate his counts of conviction and for a new trial pursuant to the same on March 3, 2017, and filed a supplemental affidavit in support of his motion on April 4, 2017. (Dkt. No. 695, 704) The Government filed responses to both motions. (Dkt. Nos. 690 and 703) The Court heard oral argument as to defendants' motions on July 28, 2017, at which time the Court considered the matter submitted.
Pursuant to Federal Rule of Criminal Procedure 29(a), a district court shall enter a judgment of acquittal as to "any offense for which the evidence is insufficient to sustain a conviction." See Fed. R. Crim. P. 29(a). A motion for a judgment of acquittal may be granted after the evidence on either side is closed if the evidence is insufficient to sustain a conviction for the crime charged. See Fed. R. Crim. P. 29(a). The Supreme Court has instructed that the standard, under Rule 29, is "whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." United States v. Castelin, 597 Fed. Appx....
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