United States v. Rederick
| Decision Date | 25 June 2021 |
| Docket Number | 4:20-CR-40066-KES |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. LARRY DEAN REDERICK, Defendant. |
| Court | U.S. District Court — District of South Dakota |
REPORT AND RECOMMENDATION
Defendant Larry Dean Rederick is before the court on an indictment charging him with conspiracy to distribute 50 grams or more of methamphetamine (actual). See Docket No. 1. Mr Rederick has filed a motion to suppress certain evidence. See Docket No. 42. The United States (“government”) resists the motion. See Docket No. 48. This matter has been referred to this magistrate judge for holding an evidentiary hearing and recommending a disposition pursuant to 28 U.S.C. § 636(b)(1)(B) and the October 16, 2014, standing order of the Honorable Karen E. Schreier, district judge.
An evidentiary hearing was held on June 22, 2021. Mr. Rederick was there in person along with his lawyer, Mr. Robert Tiefenthaler. The government was represented by its Special Assistant United States Attorney, Mr. Mark Hodges. Five witnesses testified and 10 exhibits were received into evidence. From this testimony and these exhibits, the court makes the following findings of fact.
In the spring of 2019 Special Agent Ryan Pennock with the South Dakota Division of Criminal Investigation (“DCI”) was investigating Mr. Rederick for possible narcotics distribution. On May 28, 2019, Agent Pennock assisted in the interview of Brandi Jerome, who had just been arrested on drug charges. Jerome identified Mr. Rederick as a source of methamphetamine. Jerome had met Mr. Rederick through Brionna Eckman two weeks previous and in that time had received meth from him seven times.
During the two-week acquaintance, Jerome saw Mr. Rederick obtain one kilo of meth from near Irene, South Dakota. Jerome stated Mr Rederick lived in a camper on his parents' farm. She described seeing Mr. Rederick store methamphetamine in a shaving kit in a black box inside this camper as well as in Mr. Rederick's shop. Jerome stated that Mr. Rederick told her he was “cartel.” She also described seeing Mr. Rederick in possession of large amounts of currency.
Agent Pennock also helped interview Mary Mitchell on the same date. Ms. Mitchell had also just been arrested on drug charges. Mitchell described buying psilocybin mushrooms from Mr Rederick as well as meth. Mitchell stated she did not pay Mr. Rederick money for these drugs but instead cleaned Mr. Rederick's vehicle in payment. Mitchell stated Mr. Rederick always had meth on him. She stated she bought meth from him several times. She also observed frequent come-and-go traffic from Mr. Rederick's residence. Mitchell related that Mr. Rederick told her he needed to “re-up” his drug supply at a location five hours away and that it was “hell.” Mitchell also met Mr. Rederick through Brionna Eckman.
In early October, 2019, Agent Pennock interviewed Brandon Wolff, who had also just been arrested on drug charges. Wolff told Agent Pennock he was a meth distributor out of Norfolk, Nebraska, which is directly south of Yankton, South Dakota, on Highway 81. Yankton is in the southeast corner of South Dakota. Immediately before his arrest, Wolff stated he was negotiating with Mr. Rederick to sell him one pound of meth for $7, 000. The sale was not consummated due to Wolff's arrest.
Examination of Wolff's cellular phone revealed texts between Wolff and Mr. Rederick substantiating what Wolff told Agent Pennock. The phone revealed there were prior drug transactions between Wolff and Mr. Rederick. On October 4, 2019, the day before Wolff's arrest, Wolff texted Mr. Rederick to say he had already made Mr. Rederick enough money. Mr. Rederick responded he could make Wolff $800 per week. Mr. Rederick stated he would do the transaction for $5, 800 front, no push. Agent Pennock testified that $5, 800 was approximately the going price for a pound of meth at this time.
Other texts on Wolff's phone with another individual discussed that Mr. Rederick's drug prices were higher than Wolff's. It appeared to Agent Pennock that Wolff was attempting to take over Mr. Rederick's book of drug business.
Agent Pennock also interviewed Erick Walters in October 2019. Walters told Agent Pennock he had worked for Mr. Rederick as a mechanic (Mr. Rederick bought and sold cars as a business). Walters accurately stated that Mr. Rederick was living in a camper on his parents' farm. Walters said he saw Mr. Rederick smoking meth in the mechanic shop where Walters was working. He asked if he could have some, and Mr. Rederick began giving Walters meth, with Walters eventually paying for it.
Walters said in July 2019 he saw Mr. Rederick with ten pounds of meth which was stored in the toolbox of Mr. Rederick's white Ford pick-up. Walters identified the meth as originating in Kansas City. Walters stated Mr. Rederick went to the Omaha area to pick up these 10 pounds. Walters stated that Mr. Rederick would stop at the home of Steve Miller in Akron, Iowa, on his way back from supply trips to Omaha.
Walters told Agent Pennock he worked for Mr. Rederick until August 2019. He stated after he quit working for Mr. Rederick, he made three additional purchases of meth from him. Altogether, Walters estimated he bought meth from Mr. Rederick 10 to 15 times. He stated he had knowledge of multiple other persons who purchased drugs from Mr. Rederick.
On December 3, 2019, Agent Pennock interviewed a confidential informant (“CI”) who had been working with the Yankton Police Department. The CI identified Mr. Rederick as a significant source of meth and the CI's own source of meth. The CI indicated Mr. Rederick obtained his meth from the Omaha area and that Mr. Rederick had invited the CI to accompany him on his supply trips. The CI told Agent Pennock that Mr. Rederick lived in a camper on his parents' farm. The CI stated he had been to Mr. Rederick's residence multiple times and had seen large quantities of meth in the camper.
After the interview with the CI, Agent Pennock applied for and received a pen register/trap and trace order which allowed him to see what phone numbers Mr. Rederick was in contact with. Agent Pennock also received a warrant for cell site location information which would show in real time the approximate location of Mr. Rederick's phone. Agent Pennock received cell site information every 15 minutes or whenever Mr. Rederick made contact with another phone.
During Agent Pennock's surveillance of Mr. Rederick, he identified Lance Willits as one of Mr. Rederick's contacts. Further investigation revealed that Willits lived outside of Pierce, Nebraska. Pierce is north of Norfolk, Nebraska, and west of Highway 81.
A detective in Nebraska whom Agent Pennock contacted told Agent Pennock that Willits was a drug dealer with prior drug convictions. Agent Pennock reasoned Willits might be Mr. Rederick's source of supply for meth. Although Willits was approximately two hours away from Omaha, his residence was straight south of Yankton, South Dakota, on Highway 81 heading toward Omaha, Nebraska. Also, Pierce is near the town of Norfolk, and Agent Pennock knew that Mr. Rederick's prior source of supply, Brandon Wolff, had been located in Norfolk. Agent Pennock testified that Norfolk is a drug supply town for residents of in the southeast corner of South Dakota.
Sometime prior to January 3, 2020, Agent Pennock observed that Mr. Rederick traveled to Texas. Agent Pennock testified that Texas is a source state for drugs. When Mr. Rederick came back to South Dakota, Agent Pennock contacted the South Dakota Highway Patrol and asked them to follow Mr. Rederick's vehicle and stop him if they could develop independent probable cause for a traffic stop. Mr. Rederick was stopped, and Trooper Cody Jansen had his drug detection dog, Rex, sniff Mr. Rederick's vehicle. Rex indicated to the presence of the odor of drugs in the vehicle, but a subsequent search of the vehicle failed to locate any drugs. Mr. Rederick was not arrested.
Subsequently on May 28, 2020, Agent Pennock interviewed Ricky Geidd. Geidd told Agent Pennock he lived within a mile of Mr. Rederick's camper. After the January 3, 2020, traffic stop, Mr. Rederick told Geidd that he had in fact had a user amount of meth with him at the traffic stop but the police had missed it when searching Mr. Rederick's vehicle. Mr. Rederick also told Geidd that he had made a drug connection while he was in Texas.
Back on January 9, 2020, Agent Pennock was monitoring Mr. Rederick's location and saw that he had left his home and traveled to Yankton. At this time, the pen register/trap and trace indicated Mr. Rederick was in contact with Willits. Around 3:40 p.m., Mr. Rederick left Yankton and headed south into Nebraska on Highway 81. Sometime after 4 p.m. Mr. Rederick arrived at Willits' residence near Pierce, Nebraska.
When Mr. Rederick arrived in the vicinity of Willits' home, electronic communication between the two ceased. Agent Pennock observed that Mr. Rederick's phone was north of Pierce in an area Agent Pennock believed to be consistent with Willits' address. Agent Pennock did not approach Willits' home because he knew from prior investigation there were outdoor surveillance cameras and he did not want to reveal his presence.
Agent Pennock contacted Nebraska police to see if they would be able to assist with a stop of Mr. Rederick's vehicle when he left Willits' home. Nebraska authorities were not able to assist Agent Pennock. Agent Pennock then contacted South Dakota Highway Patrol Troopers Eric Peterson and Cody Jansen the K-9 officer who worked with Rex. Agent Pennock asked both troopers to be available near Yankton to make a stop of Mr. Rederick's vehicle when...
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