United States v. Guerrero-Narvaez, CRIM. NO. 18-002 (PG)
| Decision Date | 06 November 2019 |
| Docket Number | CRIM. NO. 18-002 (PG) |
| Parties | UNITED STATES of America, Plaintiff, v. Eddie GUERRERO-NARVAEZ, Defendant. |
| Court | U.S. District Court — District of Puerto Rico |
Ana M. Santiago-Ramirez, United States Attorneys Office District of Puerto Rico, San Juan, PR, for Plaintiff.
Edwin A. Mora-Rolland, Eric A. Vos, Federal Public Defender's Office, Hato Rey, PR, for Defendant.
Before the Court is defendant Eddie Guerrero-Narvaez's ("Guerrero") motion for judgment of acquittal pursuant to Rule 29 of the Federal Rules of Criminal Procedure. See Docket No. 134. For the reasons detailed below, Guerrero's motion is GRANTED .
On March 28, 2019, after a three-day trial, a jury found Guerrero and a co-defendant guilty of aiding and abetting a carjacking in violation of 18 U.S.C. §§ 2 and 2119. See Docket Nos. 111 and 112. Now, Guerrero moves the Court to set aside that verdict, arguing, inter alia , that the government presented insufficient evidence to establish that Guerrero harbored the mens rea required by § 2119 at the time of the charged carjacking. See Docket No. 134. See also 18 U.S.C. § 2119 .
Guerrero concedes that, at around noon on January 3, 2018, he illegally took a grey 2001 BMW X5 Sports Utility Vehicle ("SUV") from victim Keysha Silva Rivera ("Silva") at a Puma gas station in the Los Angeles sector of Carolina, Puerto Rico. Notwithstanding, Guerrero posits the government did not prove beyond a reasonable doubt that he intended to cause serious bodily harm or death if necessary to take the SUV from Silva's possession. The government, in turn, contends that Guerrero's intent can be inferred from five specific facts purportedly proven at trial, which the Court will discuss in detail later on.1
Pursuant to Rule 29 of the Federal Rules of Criminal Procedure, "[a] defendant may move for a judgment of acquittal, or renew such a motion, within 14 days after a guilty verdict or after the court discharges the jury, whichever is later." Fed. R. Crim. P. 29(c). In ruling on a motion under this rule, the court must view "the evidence in the light most flattering to the jury's guilty verdict, and assess whether a reasonable factfinder could have concluded that the defendant was guilty beyond a reasonable doubt." United States v. Lipscomb, 539 F.3d 32, 40 (1st Cir. 2008). In addition, the court will give "equal weight to direct and circumstantial evidence," United States v. Appolon, 715 F.3d 362, 367 (1st Cir. 2013), and cannot "assess the credibility of witnesses, as that is a role reserved for the jury." Lipscomb, 539 F.3d at 40 (quoting United States v. Trinidad-Acosta, 773 F.3d 298, 310-11 (1st Cir. 2014) ). If, however, evidentiary conflicts, credibility questions or competing inferences (two or more of which are plausible) arise, the trial judge must resolve them in the prosecution's favor. See United States v. Olbres, 61 F.3d 967, 970 (1st Cir. 1995).
Three evidentiary items will inform the Court's analysis: video recorded on the gas station's surveillance camera system, Silva's trial testimony, and an audio tape of Silva's 911 call.
On the second day of trial, the government introduced into evidence a handful of video recordings captured by the gas station's surveillance camera system. See Government's Exhibits 6, 7, 8, 9, and 10. The Court will focus on Exhibit 8, which shows the gas station's servicing area (where the charged carjacking took place), a large patch of asphalt next to that area, the entrance to the gas station's store, and the adjacent sidewalk.2
At the 11:22 mark of Exhibit 8 (12:12 p.m.), Silva's grey BMW SUV is parked at a gas pump, across from a red Volkswagen Beetle at the opposite gas pump. See Exhibit 8 at 11:22. The gas station stands on the corner of two perpendicular streets; a busy highway runs behind the gas station, parallel to one of the streets. Id. A large white cargo truck is parked in the asphalt patch next to the gas servicing area. Id. Guerrero, dressed all in red, begins approaching the SUV from the sidewalk adjacent to the store. Id. He reaches the driver's door as Silva opens it and begins to step out. See id. at 11:35. Just a second earlier, Guerrero and the red Volkswagen's owner walk past each other as the latter heads to the store. See id. at 11:34. Guerrero stands by the door, perhaps two or three feet away from Silva. See id. at 11:35. She rests a lone foot on the ground – the other remains inside the vehicle. Id. Guerrero talks to her for approximately 20 seconds. See id. at 11:35-11:55. His back and left side are to the camera while he talks to her – it cannot capture his front, right side, and face. Id. A man on a motorcycle speeds through the lane between the SUV and the red Volkswagen, no more than four feet from Guerrero and Silva. See id. at 11:46-11:48.
Silva steps out of the vehicle as Guerrero turns slightly to the right to allow her to pass. See id. at 11:57-11:59. There is enough space between Guerrero and the SUV for Silva to walk through unimpeded. Id. Guerrero stays put as Silva walks to the back door and opens it. See id. at 11:59-12:01. They talk. See id. at 12:02- 12:11. Silva's children – a girl and a boy – exit the vehicle and walk by their mother to the back of the SUV. See id. at 12:12 - 12:19. Silva also walks to the back of the SUV and opens the trunk. See id. at 12:21-12:28. Guerrero does not immediately follow. See id. at 12:21-25. When he does, he stands at the left edge of the trunk, with his left hand resting on top of the car. See id. at 12:25-32.3
Guerrero remains at the trunk's left edge while Silva removes items from within. See id. at 12:32-12:51. Guerrero reaches into the trunk and hands her an umbrella. See id. at 12:51-12:55. Silva walks along the right side of the SUV to the front passenger door and opens it. See id. at 12:59-13:06. Her torso appears to be in the vehicle at this point. Id. She leaves her kids standing behind the trunk of the SUV, where Guerrero loiters – next to them. See id. at 13:00-13:02. He then walks along the left side of the SUV, closes the back door, and clambers into the driver's seat. See id. at 13:03-13:12. Silva finishes rummaging inside the SUV, retreats, and closes the front passenger door. See id. at 13:12-13:17. Silva walks again to the back and makes to close the trunk door, but Guerrero accelerates before she can reach it. See id. at 13:18-13:24. The grey SUV, now driven by Guerrero, exits the gas station, rounds the corner, and speeds up the street and out of the video frame. 13:34-13:40. Silva tarries at the gas pump, speaking on her phone – vehicles enter and leave the gas station, people go about their business around her. See id. at 12:36-18:00. Silva and her children go into the gas station store. See id. at 18:01-18:20. The video ends. See id. at 19:10.
As its third witness, the government called Silva to the stand. She told the jury about the events leading up to the SUV's taking, the taking itself, and what she did afterwards. See Trial Transcript, Day 2, at 3-47. Silva made several apposite statements that are material to the inquiry at hand. According to her testimony:
As Guerrero approached her, Silva thought he was going to "offer [her] to serve gas." Id. at 19. However, when he reached her, Guerrero "block[ed] her in" and told her "he was sent to take the vehicle from her." Id. at 20. See also id. at 30 (). Silva asked Guerrero if the taking of the SUV "had something to do with the previous owner of the vehicle," to see what he would tell her, because she "thought it was a prank." Id. at 22. See also id. at 28, 30. Guerrero told her "that if [she] cooperate[d], he [was] not going to harm either [her] nor [her] children." Id. at 20. He simultaneously touched his t-shirt, as if "making [Silva] understand that he was armed." Id. at 21. See also id. at 28, 46.
Silva felt intimidated. Id. At trial, she testified that Guerrero is "approximately" five feet and nine inches tall, whereas she stands at four feet and eleven inches. See id. At 20.
Silva asked Guerrero if he would allow her to let the children out of the SUV and to retrieve their property – and he acquiesced. Id. She removed items such as her purse, bookbags, documents and an umbrella from the vehicle. Id. at 32-35. Guerrero helped her remove her possessions from the SUV and did not rush her or threaten her as she did so. Id. at 23, 34. When asked, at trial, how close Guerrero was to her as she removed her property from the vehicle, Silva answered "close enough." Id. at 23. Silva searched the front passenger seat "to check that [she] didn't leave anything." Id. at 23, 35. While she was there, Guerrero climbed into the driver's seat, on the other side of the SUV, and asked her "how to push the seat back." Id.
Guerrero never touched Silva. See id. at 32. He did not show Silva, and she did not see, a gun or weapon of any kind. See id. at 33, 34.
Silva didn't run off in the SUV because she "was afraid that [Guerrero] was armed and that he would shoot [her] in the back, and the children were in the back" Id. at 24. Instead, she "tried to transmit calm to [her] children." Id. at 29.
Silva called the police about 20 minutes after Guerrero took her SUV. See id. at 40. First, she called her husband, her mechanic, and talked to gas station employees. See id. at 37-40.
During Silva's testimony, the government played an audio recording of the 911 call Silva placed from inside the gas station's store, about 20 minutes after the taking of the SUV. See id. at 26, 40. In the audio recording, Silva can be heard telling the 911 operator that "an individual held me up with the children and took my...
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