United States v. Ramirez
| Docket Number | 21-CR-1232 -MV |
| Decision Date | 17 July 2023 |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. ALFONSO RAMIREZ, Defendants. |
| Court | U.S. District Court — District of New Mexico |
THIS MATTER is before the Court on Alfonso Ramirez's Opposed Motion to Suppress. Doc. 35. The government filed a response [Doc. 39], and Mr. Ramirez filed a reply [Doc. 41]. The Court held an evidentiary hearing on the motion on June 21, 2023. Having considered the briefs, exhibits, witness testimony, relevant law, and being otherwise fully informed the Court finds that Mr. Ramirez's Opposed Motion to Suppress Statements [Doc. 35] is well-taken and will be GRANTED.
Mr Ramirez is charged with one count of Felon in Possession of a Firearm and Ammunition, in violation of 18 U.S.C §§ 922(g)(1) and 924. Doc. 17. At issue in this opinion is whether an officer with the Albuquerque Police Department violated Mr. Ramirez's Fourth Amendment rights when he detained him on July 26, 2021. The following represents the Court's findings of fact, based on the evidence submitted by the parties and the testimony presented at the June 21, 2023 hearing.[1]
Around 1:20 PM on July 26, 2021, an individual called 911 to report that two men in a black Chevrolet Avalanche had twice fired at his car as he was driving in Albuquerque. Gov't Ex. 1 at 1:07, 5:01; Gov't Ex. 3 at 1. One of those rounds struck the individual's driver-side door. Gov't Ex. 1 at 5:27. Describing the individuals who shot at him, the man stated, Id. at 10:13. He did not provide any other identifying details. See generally Gov't Ex. 1.
While still on the phone with 911, the individual flagged down Albuquerque Police Department Officer Luis Macias. Id. at 1:25; Rough Hearing Transcript (“H'rg Tr.”) at 9:4-9. Officer Macias then called for backup and followed the Avalanche. H'rg Tr. at 11:4-5. Eventually, he located the Avalanche and two men walking away from it on Trumbull Avenue. Id. at 11:2-4. The men subsequently fled in opposite directions with one jumping a fence into the Van Cleave Place Mobile Home. Id. at 39:22-25, 46:5-8. In an effort to locate that individual, officers delineated a permitter. Id. at 46:5-8. Officers later identified the man as Kaelin Lucio and took him into custody at 4:10 PM. Gov't Ex. 3 at 8. At the time, Mr. Lucio-who had long black hair-was wearing purple basketball shorts and a grey shirt.[2] Gov't Ex. 4 at 9:20.
That afternoon, officers also received information about the second individual. Specifically, at 1:38 PM, a second man (“Concerned Citizen”) called 911 to report that an individual whom he described as “Spanish with tattoos on his arms” and wearing “blue basketball shorts” was on General Hodges Street moving south towards Susan Avenue. Gov't Ex. 5 at 0:11, 1:15. The Concerned Citizen stated that the man attempted to hide something by a vehicle, but subsequently picked the item up and wrapped it in a black shirt. Id. at 2:15. The Concerned Citizen declined to provide his own name and indicated that he would not be willing to identify the man he had seen, but noted that the dispatcher would have his cell phone number. Id.
Around 1:47 PM, Officers located the abandoned Avalanche on General Hodges Street in what the government describes as “a high crime area in Southeast Albuquerque.”[3] Gov't Ex. 3 at 3; Doc. 39 at 4. Around the same time, the Concerned Citizen approached an officer named Lieutenant Amy Sedler in person and identified himself.[4] Gov't Ex. 6 at 6:59. The Concerned Citizen reiterated that he had seen a shirtless man in blue shorts. Id. Additionally, he reported that a “gentleman over there” had seen the man exit an SUV,[5] take off running, return in a van, exit that van, stash something in the bushes, and then later retrieve that item.[6] Id. at 7:27. The Concerned Citizen also reported that the man had something wrapped in a black shirt, which was “big enough to be a gun.” Id. at 8:10; Gov't Ex. 7 at 8:09. Finally, he stated that his father was currently following the man, who was now located near a cement truck outside of B&D industries. Gov't Ex. 6 at 6:59.
Around 1:52 PM, an officer named Sergeant Jonathan Mares, who was on the scene with the Avalanche, got into his vehicle with the intention of reporting to a gas station, where he had seen a man in blue shorts and black shirt. Id. at 7:57, 8:23; Gov't Ex. 8 at 4:40. Before he left for the gas station, however, Lieutenant Sedler asked him to “check down Trumbull” and informed him that the suspect was not wearing a shirt, to which Sergeant Mares replied, “no shirt?” Gov't Ex. 8 at 4:40. She responded, “yeah he said no shirt.” Gov't Ex. 6 at 8:35. Sergeant Mares then drove off. Gov't Ex. 8 at 5:05. Shortly thereafter, Lieutenant Sedler radioed him and stated, “hey, Johnny, this guy has the dad on the phone who's real-time following the guy, so I would go with his 49.”[7] Id. at 9:41.
Just a few minutes earlier, the Concerned Citizen and Commander Rene Barraza had gone to inspect the bushes the Concerned Citizen had previously mentioned. Gov't Ex. 7 at 8:12. As they were inspecting bushes and cacti, the Concerned Citizen spoke by phone with his father, who he reported was in a white truck following the suspect, who was now walking north on Moon Avenue, wearing the black shirt he was previously carrying. Id. at 9:02. At 1:54 PM, Commander Barraza radioed and stated, in reference to the suspect, “I guess he put the black t-shirt back on.” Id. at 10:43. The radio message was comprehensible on Sergeant Mares' radio. Gov't Ex. 8 at 6:45.
Around 1:54 PM, Sergeant Mares, still driving, came upon Mr. Ramirez and called in to describe that he could see a “man wearing glasses, black shoes, black basketball shorts, bald.” Id. at 7:20; Gov't Ex. 4 at 4. Mr. Ramirez-who appears to have had a shaved head-was across the street, walking north on Moon Avenue in a grey t-shirt, black basketball shorts, black backpack, and glasses. Gov't Ex. 8 at 8:33. At this point, he was outside of the perimeter that officers had established with respect to Mr. Lucio (one of the two men who reportedly abandoned the Avalanche). Def. Ex. A.
A short distance away, a man in a white truck (presumably the Concerned Citizen's father) called out to another officer-Sergeant Gregory Doose-“[inaudible] black shorts.”[8] Gov't Ex. 9 at 25:00. Sergeant Doose responded, “that's him?” Id. The man replied, “careful, he's got something in his arms.”[9] Id. at 25:04. Sergeant Doose then radioed Sergeant Mares that he was down the street and would “82” him and that “the guy in the white truck told me that that's the subject who has been running from 34's.” Id. at 25:18. Sergeant Doose then began walking-and then running-towards Sergeant Mares. Id. at 25:18, 25:45. Notably, at the time that Sergeant Doose radioed Sergeant Mares (1:55:58 PM), Sergeant Mares was already exiting his vehicle to approach Mr. Ramirez, and Sergeant Doose's radio message is not audible in Sergeant Mares' lapel video. Gov't Ex. 9 at 25:10; Gov't Ex. 8 at 8:20. The lapel footage thus suggests that Sergeant Mares never received Sergeant Doose's radio call.
At 1:55 PM-just before Sergeant Doose's arrival-Sergeant Mares exited his vehicle and moved quickly towards Mr. Ramirez, with his arms swinging visibly in the lapel footage. Gov't 8 at 8:12. Sergeant Mares' lapel footage depicts Mr. Ramirez slowly walking on the sidewalk while looking down at a cell phone, with a liquor bottle wedged inside his left elbow. Id. at 8:33. At the suppression hearing, Sergeant Mares testified that Mr. Ramirez's demeanor was “passive” and that Mr. Ramirez was walking and not out of breath. H'rg Tr. At 116:17-23.
(Image Omitted)
The following exchange ensued as Sergeant Mares moved towards Mr. Ramirez:
Gov't Ex. 8 at 8:28. Sergeant Mares then reached out and grabbed Mr. Ramirez's arm. Id. at 8:36. The encounter continued:
Id. At this point, Sergeant Doose arrived at Mr Ramirez's person and stated, Id. at 9:09. In response, Mr. Ramirez began pulling away from the officers and yelling for them to shoot him. Id. at 9:16. Together, the officers took him to the...
To continue reading
Request your trial