United States v. Mendoza-Trujillo
| Decision Date | 02 September 2014 |
| Docket Number | Case No. 2:13–CR–762 DN. |
| Citation | 46 F.Supp.3d 1204 |
| Parties | UNITED STATES of America, v. Javier MENDOZA–TRUJILLO. |
| Court | U.S. District Court — District of Utah |
Vernon G. Stejskal, U.S. Attorney's Office, Salt Lake City, UT, for United States of America.
Benjamin A. Hamilton, Utah Federal Defender Office, Salt Lake City, UT, for Javier Mendoza–Trujillo.
This order grants Javier Mendoza–Trujillo's Motion to Suppress.1 An evidentiary hearing was held on May 29–30, 2014.2 As directed, the parties submitted draft decisions.3 Argument was heard August 14, 2014.4 This Memorandum Decision and Order is entered after thorough review and consideration of the evidence presented, draft decisions and argument at the hearing.
In the early morning hours of October 30, 2013, three armed men confronted Ismael Mendoza–Trujillo in the driveway of his brother Javier's residence at 7133 West Chula Vista Drive in West Valley City, Utah.5 One of the assailants, armed with an automatic pistol, entered the house and went into the master bedroom where Maria del Socorro Mendoza–Trujillo (Javier's wife) and two small children were lying down.6 Javier was in the bathroom at the time, brushing his teeth.7 Ismael was still outside, fighting with the other two assailants.8 Ismael saw that one of the armed men had entered the home.9 Ismael was able to get away from the other two men that he was fighting with and ran into the house because he was fearful for his brother, Javier, and Maria and the children.10 Wearing only his sweatpants, Javier came out of the bathroom11 to find the assailant pointing a pistol at his wife.12 Crying, Maria yelled for Javier and then jumped out of the bedroom window.13 Maria ran to the downstairs tenants, yelling and screaming to call 911.14
Javier and Ismael engaged the assailant, trying to wrestle away the pistol.15 Javier and Ismael fought the armed assailant for some time, somewhere between eight and 20 minutes,16 ultimately disarming the assailant and immobilizing the assailant with a chokehold after tumbling down the stairs.17 The other two armed assailants never entered Javier's residence and ran away before the police arrived.18 Medical personnel were dispatched and took the armed assailant to the hospital, where the assailant was placed on life support, and dies from his injuries two days later.19 West Valley City police were dispatched, and officers began arriving at Javier's house around 5:30 in the morning.20
The first officers to arrive cleared the home, secured the scene, and made sure all of the adults, including Javier, were placed in a common area with an instruction not to talk to each other.21 Eventually, detectives with Critical Incidents and the Major Crimes response team were dispatched, arriving between 6:30–6:45 a.m.22 Detective Pittman arrived at 7:10.23
The Major Crimes detective, Detective Stanworth, testified to the proper protocol when responding to a home invasion type of crime where one party is seriously injured:24 the scene must be secured, the scene must be processed for forensic evidence, and the involved parties need to be interviewed.25 Detective Stanworth further testified it is common practice to conduct interviews at the police station in major cases.26 This way, he said, the scene can be properly processed and the interviews can be recorded, both audio and video.27
At the time Javier's house was being processed by the forensics team, the focus of the police investigation was to ascertain who the two escaping assailants were, who the injured assailant was, and simply to determine what had just happened.28
The five adults (Javier, Ismael, Maria, and the two tenants in the basement apartment) were told they needed to go to the police station.29 Detective Stanworth testified that he could not “necessarily say what these individuals were told, but in this situation we just tell them that due to the nature of the crime we need to interview them in a more formal setting so that the interview is recorded so that we can have a good account of the interview.”30 In response to a question whether they “agreed” to come to the station and submit to an interview, he stated that he “was not made aware of any complaints or hesitation on their part to come to the station.”31 However, Javier testified that he specifically asked if he had to go to the police station, and was told it was necessary for him to do it (go to the station for the interview).32 And Detective Pittman testified he was assigned to explain to Javier and others “that they need to go back to the police station to talk to us....”33 Thus, Detective Stanworth, Detective Pittman and Javier concur that the officers described the change of location as “necessary.” No one testified that options were presented.
Javier was taken to the police station by Officer Cowan.34 Javier was placed in the back seat, behind the cage, in Officer Cowan's vehicle.35 The back doors of Officer's Cowan's vehicle cannot be opened from the inside.36 Prior to leaving the house, but after placing Javier behind the cage, Officer Cowan asked Javier if he had his driver's license.37 Javier did not have his license with him. Officer Cowan left Javier in the back seat, went to the house, and acquired Javier's ID from another officer.38
Upon arriving at the police station, all five adults were kept separated to prevent their respective testimony from being tainted by someone else's perception.39 At the time Javier was taken to the police station, Detective Stanworth said Javier was not viewed as a suspect but rather viewed strictly as a victim.40 Detective Pittman was asked to interview Javier, Ismael, and Maria, because he was one of three Spanish-speaking detectives with West Valley City police and the individuals were more comfortable speaking in Spanish.41
Javier arrived at the West Valley City police station at 7:58 a.m.42 Javier was put into an interview room sometime before 9:07 a.m. when video recording began,43 and not moved from the interview room until taken to forensics for fingerprints, DNA, and photographs.44 Javier sat alone in the interview room for nearly 90 minutes, watched by someone in the viewing room.45 Once inside the police station, all five of the adults, including Javier, needed permission to walk around, use the restroom, or otherwise leave the interview room.46
Detective Pittman testified his original intent when he started interviewing Javier was for the purpose of investigating the home invasion robbery.47 Detective Pittman said that when he began his interview of Javier “there was no speculation of drugs.”48 Detective Pittman began interviewing Javier at 10:32 a.m.49 by stating 50 Javier explained the home invasion and the ensuing fight between the armed assailant, himself, and Ismael.51 Despite being asked several times why the attack occurred, Javier consistently answered he did not know.52
Detective Pittman refused to believe this was simply a random home robbery, stating his personal belief the armed assailant “was looking for something.”53 Detective Pittman said that he would not investigate if Javier was doing “something illegal.”54 After listing a litany of possibilities as to why Javier's residence was targeted, Detective Pittman expressed his disbelief in Javier's version,55 telling Javier 56 Detective Pittman held fast to his belief that Javier was lying, yelling at Javier to “[t]ell me the truth!”57 Javier's response was equally as vehement “That is the truth!”58
After a discussion about Javier's wallet, how Detective Pittman was paid by check and not in cash, and whether or not Javier had contraband in his house,59 Detective Pittman asked Javier if he had his cell phone with him.60 Detective Pittman then asked Javier if Javier used his “cell phone after all this happened?”61 Javier responded “no”62 as he was only wearing sweatpants when all this happened.63 Since Javier's son may have used Javier's phone to take a photo of the armed assailant,64 Detective Pittman told Javier he wanted 65 Detective Pittman told Javier it was possible “to say no.”66 In response, Javier asked if he was going to be arrested for hitting the armed assailant.67
Detective Pittman told Javier “No, no, no, no. You are a victim.”69 Javier was not pacified. Javier stated, with interruptions by Detective Pittman, “I feel like—like if I have done something wrong, and that's why you have to arrest me.”70 Although the issues of texts or calls had not been broached in the interview at the time, Detective Pittman stressed his need to verify what Javier told him and the need to see inside Javier's cell phone.71 The following exchange took place:72
To continue reading
Request your trial