United States v. Jefferson
| Decision Date | 21 January 2014 |
| Docket Number | Case No. 12 CR 50 |
| Parties | THE UNITED STATES OF AMERICA, Plaintiff, v. ROBERT JEFFERSON, Defendant. |
| Court | U.S. District Court — Northern District of Illinois |
MEMORANDUM OPINION AND ORDER
Robert Jefferson was convicted of aiding in the commission of robbery of a person with lawful charge, control, and custody of United States money, and in doing so putting the life of said person in jeopardy by the use of a dangerous weapon in violation of 18 U.S.C. §§ 2114(a) and 2. Before the court is Jefferson's motion for acquittal. For the reasons stated below, Jefferson's motion is denied.
Jefferson was charged in a second superseding indictment along with Michael Parrish on October 31, 2012. (Dkt. 55.) As it relates to Jefferson, the indictment charged (1) Jefferson and Parrish with robbery of a person in lawful custody of United States property, in violation of 18 U.S.C. §§ 2114(a) and 2 (Count I); (2) Jefferson and Parrish with using, carrying, and brandishing a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924(c) and 2 (Count II); and (3) Jefferson with attempted distribution of heroin, in violation of 21 U.S.C. § 846 (Count V). (Id.) The charges against Jefferson arose from the January 19, 2012 armed robbery of undercover Bureau of Alcohol, Tobacco, and Firearms ("ATF") Special Agent Christopher Labno. (Dkt. 117 at 1.) Labno was robbed while in possession of $2,500 ofUnited States cash he intended to use to purchase 25 grams of heroin from Jefferson. (Id.) After a trial in July 2013, the jury found Jefferson guilty of Counts I and V but were unable to reach a verdict as to Count II. (Dkt. 108.)
The government's theory at trial was that Jefferson had a "Plan A" and a "Plan B" on January 19, 2012. Plan A was to obtain heroin from a drug dealer, Mario Bonds, to sell to Labno. (Tr. at 523:15-17.) But when Bonds was unable to deliver the 25 grams of heroin that Jefferson had requested, Jefferson moved on to Plan B: rob Labno of the money he had brought with him to purchase the heroin. (Id. at 523:17-524:1.)
The government brought the three above-mentioned counts against Jefferson, proceeding on an aiding and abetting theory against him for Counts I and II. (Dkt. 117 at 3.) The government had six witnesses at trial testify to the following facts that are relevant to the pending motion.
The government's first witness was Labno. He explained that on the day of the robbery, he was posing as an out-of-town drug dealer who had come to Chicago to purchase $2,500 of heroin. (Tr. at 196:15-197:13.) A confidential informant set up the transaction between Labno and Jefferson and was present for the duration of it. (Id. at 194:10-16.) Labno arrived at the corner of Arthington Street and Independence Boulevard on the west side of the city around 11:40 a.m. on January 19, 2012, and Jefferson and the confidential informant arrived about 10 minutes later. (Id. at 220:6-221:23.) For the next 40 or so minutes, Jefferson was in and out of Labno's car as he attempted to contact and waited for his heroin dealer. (See, e.g., id. at 224:11-23.) Jefferson asked Labno to show Jefferson the money for the drug transaction, which Labnotestified concerned him because "asking to see the money without . . . delivering the product[ ] can be an indicator of a robbery." (Id. at 228:3-16.)
At approximately 12:14 p.m., Jefferson exited Labno's car to meet with Bonds and then reentered the car. (Id. at 233:9-236:5.) Jefferson explained to Labno that Bonds, Jefferson's heroin dealer, had brought some but not all of the heroin Labno wanted and that Bonds had gone to obtain more. (Id. at 236:25-238:11.) At approximately 12:25 p.m., Labno noticed Parrish walk by his car as Parrish walked eastward on Arthington. (Id. at 240:17-242:25.) Labno testified that he noticed Parrish walk by the car because Parrish "came very close to my car and kind of looked in purposeful way [sic] that he kind of slowed down and looked in and then kept going." (Id. at 243:3-6.) When Parrish walked by, Jefferson was standing outside of Labno's car but Parrish "just walked right on by" without stopping to speak with Jefferson. (Id. at 243:7-18.) Labno then noticed a minivan traveling in the same direction as Parrish whose driver looked into Labno's car as the minivan passed by. (Id. at 244:1-16.) Labno later identified the driver of the minivan as Ronald Witcher. (Id. at 244:20-23.)
Labno testified that his undercover car was a two-door vehicle that had automatic door lock buttons on both the driver's and passenger's door. (Id. at 250:1-23.) Labno kept the driver's side door locked for protection, but when Jefferson re-entered the car, Labno observed Jefferson pressing the automatic unlock button to unlock both doors. (Id. at 251:2-12.) At approximately 12:35 p.m., Labno observed Jefferson sending a text message on his cellular telephone. (Id. at 251:21-252:6.) It was revealed later at trial that this was a text message to Parrish that read, "Man, just do you, I'm in here with him." (Id. at 423:22-24.) After sending the text message, Jefferson engaged in what Labno testified was a fake telephone call: Jefferson (Id. at 251:21-252:23.) Labno testified that Jefferson was "getting more and more nervous" and was looking in the rear view mirror. (Id. at 253:2-11.)
Labno then noticed Parrish walking towards the driver's side of the car and, as he approached, Labno saw that he was holding a loaded silver revolver. (Id. at 253:17-254:18.) Parrish opened the driver's side door, pointed the revolver at Labno's head, and demanded Labno's money, saying that if Labno moved Parrish would "pop the shit out of you." (Id. at 254:19-255:6.) Labno threw the $2,500 he had onto the street and then put his hands in the air. (Id. at 256:6-257:10.) Parrish scooped up the money and began jogging west, the same direction from which he had come. (Id. at 257:13-19.)
Labno testified that as all of this was happening, Jefferson was seated in the passenger's seat of Labno's car. (Id. at 258:12-14.) Labno stated that when Parrish approached the car Jefferson said, "oh, shit" and then exited the car and began jogging towards the back of the car, in the same direction as Parrish ran after Parrish had picked up the money. (Id. at 258:19-259:7.) Labno exited the car and saw Parrish and Jefferson on the sidewalk on the south side of Arthington, where Parrish was "reaching out to Mr. Jefferson who was reaching out to take money from his hand" but Jefferson was not able to take hold of the money. (Id. at 259:12-24.) When Parrish turned to pass the money to Jefferson, Parrish saw that Labno had exited the vehicle and pointed his gun at Labno. (Id. at 260:6-11.) When Labno saw Parrish do this he fired twice at Parrish but did not hit either Jefferson or Parrish. (Id. at 260:12-20.) Jefferson andParrish continued to run westbound on Arthington before they turned around a building and Labno lost sight of them. (Id. at 260:21-24.)
The government's next witness was Rene Marano, a special agent with the ATF. Marano and another ATF special agent, Eric Dornbusch, were "react agents" for the Labno transaction, assigned to be the first people on the scene if Labno or the confidential informant were to signal distress. (Id. at 301:1-8.) Marano and Dornbusch were in a car parked on Independence just south of the Independence/Arthington intersection. (Id. at 302:2-6.) At approximately 12:42 p.m., Marano saw Witcher and Parrish exit a minivan at Arthington and Independence and then lost sight of them. (Id. at 310:1-313:2.) The next thing Marano saw was Witcher walking back to the minivan, and then, seconds later, Marano heard Labno's distress signal. (Id. at 313:3-16.) When he heard the signal he pulled his car up about three car lengths on Independence toward Arthington and then stopped "because I observed Mr. Witcher and Parrish running side by side toward—southbound on the east side curb." (Id. at 313:20-314:10.) Marano and Dornbush both exited their car and Dornbusch aimed the weapon he was carrying at Witcher and Parrish, telling them to stop. (Id. at 314:19-315:17.) Marano saw Witcher stop and drop to his knees, and he saw Parrish throw money and what appeared to be a gun onto the grass next to the sidewalk and continue running southbound on Independence. (Id. at 315:19-316:20.) Marano ran after Parrish as Parrish turned eastward into an alley and then northward into another alley before Parrish lost his footing and Marano was able to tackle him and place him in custody. (Id. at 316:21-317:21.)
The government's next witness, Dornbusch, testified consistently with Marano. He stated that he and Marano were in their vehicle when they heard the distress signal and thenDornbusch saw "Ronald Witcher and Michael Parrish [ ] running side by side . . . on the sidewalk here running in the southbound direction." (Id. at 360:3-11.) When Dornbusch yelled at Witcher and Parrish to stop, Witcher immediately complied, lying down on the ground, but Parrish "threw a shiny chrome object at me and another bundled piece of paper object at me, and then immediately ran southbound on the sidewalk of South Independence Boulevard." (Id. at 360:12-361:14.)
The government then put on another ATF agent, Adam Delgado, who was also participating in surveillance of the Labno transaction. He was stationed on the north side of Arthington facing west, approximately 200 feet from Labno's car. (Id. at 378:10-22.) Delgado corroborated Labno's testimony about Witcher driving by Labno's car in the minivan at approximately 12:26 p.m. and Parrish passing by on...
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