United States v. Rivers
| Decision Date | 30 August 2021 |
| Docket Number | 1:19-CR-00435-AT-RDC-3 |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. WILLIAM RIVERS, Defendant. |
| Court | U.S. District Court — Northern District of Georgia |
FINAL REPORT AND RECOMMENDATION
This case is before the Court on Defendant William Rivers' three pending motions - Motion to Dismiss Indictment [Doc 62], Motion to Suppress Statements [Doc. 105], and Supplemental Motion to Suppress Statements [Doc. 216]. This Court held an evidentiary hearing to receive evidence related to these motions on November 5, 2020. (R. 154). On January 27, 2021, Mr. Rivers filed a post-hearing brief in support of his motions. [Doc. 177]. The Government filed its response on March 8, 2021. [Doc. 190]. Mr. Rivers filed his reply brief on March 22, 2021. [Doc. 197].
On April 22, 2021, this Court directed the parties to submit supplemental briefing regarding the validity of Mr Rivers' Miranda waiver obtained during his first law enforcement interview following his arrest. (R. 206). Mr Rivers filed his supplemental motion on June 8, 2021. [Doc. 216]. The Government filed its response on July 8, 2021. [Doc. 221]. Mr. Rivers submitted his reply brief on July 16, 2021. [Doc. 223]. Following review of Defendant's pleadings, the Government's responses, and the transcripts of the evidentiary hearing [Doc. 175] (hereafter “Tr.”) and the audio recording of Mr. Rivers' initial interview [Gov't Ex. 2] (hereafter “Interview Tr.”), these matters are now ripe for judicial review.
Factual and procedural background
Mr. Rivers, along with Caojo Steward, Jeron George, Demetrius Lewis, and Montrese Goodwin are named in a ten count Indictment charging them with conspiracy to distribute controlled substances, attempted Hobbs Act Robbery, assault and various firearms offenses. [Doc. 36]. Mr. Steward is charged with distribution of a controlled substance on or about August 21, 2019 (Count 1) and on or about September 4, 2019 (Count 2). Id. Mr. Steward and Mr. George[1] are charged with conspiracy to distribute a controlled substance between a date unknown to the Grand Jury through on or about October 8, 2019 (Count 3) and possession with intent to distribute a controlled substance on or about October 8, 2019 (Count 4). Mr. Steward, Mr. Rivers, Mr. Lewis and Mr. Goodwin are charged with attempted Hobbs Act Robbery on or about October 8, 2019 (Count 5). Lastly, Mr. Rivers, Mr. Lewis and Mr. Goodwin are charged in Counts 6-10 which allege unlawful possession of firearms and assault offenses that occurred immediately following the attempted robbery. Id.
This Indictment is based on a drug trafficking investigation conducted by agents with the Atlanta-Carolina's High Intensity Drug Trafficking Area Program ("HIDTA"). [Criminal Complaint, 1:19-MJ-876; Doc. 1 at 4]. The agents utilized a confidential source (“CS”) to purchase cocaine from Mr. Steward, who lived in Apartment 209 located at 1090 Hollywood Road in Atlanta. On August 21 and September 4, 2019, the CS successfully purchased cocaine from Mr. Steward. Id.
On October 8, 2019, a third purchase was arranged between the CS and Mr. Steward. [Criminal Complaint at 4]. During this transaction, the CS agreed to purchase several ounces of controlled substances from Mr. Steward for $18, 000. Id. at 5. Around 4:00 p.m., agents drove the CS to their meet location to prepare for the planned transaction, and then dropped the CS off at Hollywood Road and Brooks Avenue. Id. The CS walked to Mr. Steward's apartment where they discussed the transaction. Id. at 5-6. After receiving a delivery from Mr. George that agents assumed contained narcotics, Mr. Steward explained that he planned to cook “it” up (referring to the narcotics) and it would take approximately 30 minutes. Id. Soon thereafter, agents observed the CS as he gave the pre-arranged verbal and visual signals indicating he was in danger. Id. Mr. Rivers, Mr. Lewis, and Mr. Goodwin, who were armed, had begun attacking the CS and attempting to rob him of the $18, 000. Id.
As agents arrived on the property to assist the CS, the three suspects ran away from the apartment, firing towards agents as they fled. [Criminal Complaint at 13]. Agents returned fire, striking Mr. Rivers in his left leg. Mr. Lewis and Mr. Goodwin ran from the area while Mr. Rivers returned to the apartment complex where he was arrested the next day - October 9, 2019. [Doc. 190 at 4].
Federal agents transported Mr. Rivers to Grady Memorial Hospital - a Level One Trauma Center - to ensure he received immediate medical care. (Tr. at 15). Once he was admitted into the emergency unit, Drug Enforcement Administration Special Agent Erin Holder informed the staff that he had been shot. (Tr. at 26). She also explained to Mr. Rivers that he had been involved in a shoot-out with law enforcement officers, but did not ask him any questions pertaining to the criminal investigation. Id.
A few hours after Mr. Rivers was admitted to Grady, Georgia Bureau of Investigation Special Agent Jamal Shedrick arrived at the hospital. (Tr. at 35). He intended to question Mr. Rivers about the circumstances surrounding the shooting. Id. However, after introducing himself and explaining the purpose of his visit, Mr. Rivers stated that he did not want to be interviewed because he was about to undergo a surgical procedure. (Tr. at 35-36). According to Agent Shedrick, he informed Mr. Rivers he would return the following day.[2] (Tr. at 36).
On October 10, 2019, Agent Shedrick returned to the hospital. In anticipation of the interview, he activated his recording device. Upon entering Mr. Rivers' room, he asked a hospital attendant if he was awake. (Interview Tr. at 2). The attendant stated that Mr. Rivers had spoken to him ten minutes earlier, but was currently asleep and “full of pain meds.” (Interview Tr. at 2). In an attempt to rouse Mr. Rivers, the agent began calling his name. Id. Mr. Rivers responded, although his voice suggested he was lethargic, weak or both. After receiving this verbal response, Agent Shedrick re-introduced himself and reminded him that he had spoken to him the previous day. (Tr. at 37-38). He also explained that he wanted to conduct an interview. (Tr. at 38). Before asking Mr. Rivers any substantive questions about the alleged offenses, Agent Shedrick informed him of his Miranda rights. (Tr. at 39-40; Gov't Ex. 1).[3] After reciting these rights, Mr. Rivers asked him to explain how he could go about contacting an attorney. Id. The Agent explained that it would be up to Mr. Rivers to contact a lawyer. Id. When Mr. Rivers stated that he did not have access to a telephone, Agent Shedrick replied: “If you want a lawyer to be present, then I would just have to wait until you are able to get a lawyer.” (Interview Tr. at 4). Following that explanation, Mr. Rivers signed the waiver form. (Tr. at 42). According to the Agent, Mr. Rivers indicated that he understood his Miranda rights and voluntarily waived them. (Tr. at 42, 44, 56). During the 1½ hour interview that followed, Mr. Rivers made several incriminating statements revealing his involvement in the offenses that preceded his injury. (Tr. at 44-45). Agent Shedrick testified that Mr. Rivers appeared to understand all of his questions and was able to provide coherent responses. (Tr. at 38).
On the same day, D.E.A. Special Agent Michael Tooley and another agent traveled to the Atlanta federal courthouse to meet with the federal magistrate judge on duty. (Tr. at 16). The agents, along with Assistant United States Attorney Katherine Terry, met with Magistrate Judge Catherine Salinas to inform her of Mr. Rivers' medical condition and to determine how and when the court would conduct his initial appearance hearing. (Tr. at 19-20). They also wanted to determine if the court would prefer to conduct the hearing at the hospital or virtually. Id.
Judge Salinas contacted Chief Magistrate Judge Alan Baverman to discuss the logistics of the hearing. (Tr. at 16). Following her meeting with Judge Baverman, Judge Salinas informed the agents that the initial appearance hearing would occur only after Mr. Rivers was medically discharged from Grady. Id. She also stated that the hearing would not be conducted at the hospital nor via electronic means. Id.
Later that afternoon, D.E.A. Special Agents Tyrone Lawary and Jeremy Jones arrived at the hospital to interview Mr. Rivers. (Tr. 64). They identified themselves, explained why they were present and asked if Mr. Rivers was willing to answer questions related to his arrest. (Tr. at 65-66). The agents read the Miranda warnings from an “Advice of Rights” form. (Tr. at 73-74) [Gov't Ex. 3][4] But before the interview began, medical staff informed Mr. Rivers that a CT scan needed to be performed. (Tr. at 67). The interview was terminated until the examination could be completed.
Following that procedure, Mr. Rivers was returned to his room. Id. The agents re-advised him of his Miranda rights. (Tr. at 72, 89). When Mr. Rivers indicted that he was experiencing pain, the agents delayed their interrogation until after he received medication from his nurse. (Tr. at 67). After a few moments, Mr. Rivers informed the agents that he was ready and able to proceed with the interview. (Tr. at 67-68).
Mr Rivers signed the Miranda waiver form and answered several questions regarding his involvement in the events leading up to the shooting and immediately following his injury. (Tr. at 65-66). Agent Lawary testified that Mr. Rivers appeared to understand their questions throughout the interview. (Tr. at 69). During the interview, the agents did not display their weapons. (Tr at 69-70). Additionally, they did not restrain Mr. Rivers or prevent him from obtaining food, water or medical...
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