United States v. Rodella

• Decision Date: 05 February 2015
• Docket Number: No. CR 14-2783 JB,CR 14-2783 JB
• Parties: UNITED STATES OF AMERICA, Plaintiff, v. THOMAS R. RODELLA and THOMAS R. RODELLA, JR., Defendants.
• Court: U.S. District Court — District of New Mexico

UNITED STATES OF AMERICA, Plaintiff,
v.
THOMAS R. RODELLA and THOMAS R. RODELLA, JR., Defendants.

No. CR 14-2783 JB

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

February 5, 2015

MEMORANDUM OPINION AND ORDER

THIS MATTER comes before the Court on the Defendant's Objections to the Presentence Report and Sentencing Memorandum, filed January 12, 2015 (Doc. 157)("Objections"). The Court held a sentencing hearing on January 21, 2015. The primary issues are: (i) whether the Aggravated Assault Guideline, U.S.S.G. § 2A2.2, applies; (ii) whether Defendant Thomas R. Rodella should be ordered to pay restitution to Michael Tafoya; (iii) whether Rodella physically restrained Tafoya to warrant an enhancement under U.S.S.G. § 3A1.3; (iv) whether Rodella was a leader under U.S.S.G. § 3B1.1; (v) whether Rodella obstructed justice to warrant an enhancement under U.S.S.G. § 3C1.1; (vi) whether the Court should depart downward to account for Rodella's medical condition; and (vii) whether the Court should vary downward. Because Tafoya suffered a serious bodily injury as a result of Rodella's assault against him, the Aggravated Assault Guideline applies. Rodella ordered Thomas R. Rodella, Jr. to restrain Tafoya and then ordered Sergeant Andy Gutierrez to handcuff Tafoya. Rodella thus physically restrained Tafoya, and U.S.S.G. § 3A1.3's enhancement applies. Because Rodella, Jr. could be convicted for the same crime as Rodella, because it is irrelevant that Rodella, Jr. was not convicted of an offense, and because it is irrelevant whether

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Rodella, Jr. committed the same offense as Rodella, Rodella was a leader under U.S.S.G. § 3B1.1. Rodella submitted a false report to the New Mexico State Police after the State Police began investigating him. As such, Rodella obstructed justice, and U.S.S.G. § 3C1.1 applies. Because Rodella's medical condition does not place him outside the heartland of cases, the Court will not depart downward. The Court will, however, vary downward the equivalent of 10 offense levels and sentence Rodella to 121-months imprisonment to better reflect the factors in 18 U.S.C. § 3553(a). Additionally, the Court will impose a $200,000.00 fine and order Rodella to pay restitution.

FACTUAL BACKGROUND

The Court takes its facts from the Revised Presentence Investigation Report, disclosed December 3, 2014, revised January 15, 2015 ("PSR"), that the United States Probation Office ("USPO") prepared. On March 11, 2014, Michael Tafoya pulled out a driveway onto the road, while a green jeep was traveling down the same road. See PSR ¶ 7, at 5. Rodella, Jr., who was driving the jeep, began flashing the jeep's headlights and began tailgating Tafoya's vehicle for the next quarter mile. See PSR ¶ 7, at 5; id. ¶ 14, at 6. Tafoya slowed down his vehicle and pulled over to the side of the road to allow the jeep to pass. See PSR ¶ 7, at 5. Once stopped, Tafoya raised his hands and said: "What the hell?" Id. ¶ 7, at 5. The jeep passed Tafoya's vehicle, but then stopped in the middle of the road and backed up, until it parked about twenty-five feet in front of Tafoya's vehicle. See PRS ¶ 7, at 5. Rodella and Rodella, Jr. got out the jeep and began walking towards Tafoya's car while motioning for Tafoya to get out of his car and saying "come on." PSR ¶ 7, at 5. See id. ¶ 14, at 6. Tafoya thought that Rodella and Rodella, Jr. wanted to fight, and he was afraid, because he did not know them. See id. 7-8,

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at 5. Wanting to avoid a confrontation, Tafoya drove away, and Rodella and Rodella, Jr. got back into the jeep and began chasing Tafoya. See PSR ¶ 8, at 5.

Tafoya sped up, and eventually turned onto a private dirt road to escape from Rodella and Rodella, Jr. See PSR ¶ 8, at 5. When Tafoya reached the end of the dirt road, he tried to turn his vehicle around while Rodella got out of the jeep with a gun in his hand. See PSR ¶ 10, at 5. Tafoya backed up his vehicle until it hit a pole behind him. See id. ¶ 11, at 5. Rodella opened the passenger door of Tafoya's vehicle and jumped in with his gun in his hand. See id. ¶ 11, at 5. Rodella attempted to point the gun at Tafoya's face while Tafoya begged for Rodella not to kill him and grabbed Rodella's wrist in an attempt to push the gun away from his face. See id. ¶ 11, at 5. While Tafoya was begging Rodella not to kill him, Rodella twice yelled: "It's too late." Id. ¶ 11, at 5. From the driver's side of the vehicle, Rodella, Jr. grabbed Tafoya by his arm and shirt, pulled him out of the vehicle, and threw him to the ground. See id. ¶ 12, at 5-6. Rodella, Jr. held Tafoya on the ground and told Tafoya that Rodella was the sheriff. See PSR ¶ 12, at 6; id. ¶ 14, at 6. Tafoya asked to see Rodella's badge, and Rodella pulled Tafoya's head up by his hair and said: "[Y]ou want to see my badge mother fucker? Here's my badge." PSR ¶ 13, at 6. Rodella then struck Tafoya in his face with the badge. See PSR ¶ 13, at 6. Before being hit in the face with the badge, Tafoya did not see Rodella display a badge and did not know that he was the sheriff. See PSR ¶ 17, at 6. The Rio Arriba County Deputy Sheriffs arrived, and Tafoya was handcuffed and arrested. See PSR ¶ 14, at 6.

Rodella falsified a police report concerning his account of the events from March 11, 2014. See PSR ¶ 18, at 6. Specifically, Rodella submitted a report to the State Police that was nearly identical to the report that Rodella, Jr. submitted and that differed from the evidence that was presented at trial. See United States' Sentencing Memorandum at 7, filed November 18,

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2014 (Doc. 148)("U.S. Sentencing Memo."); Rodella Supplemental -- Case No. SO-14-000310, filed November 18, 2014 (Doc. 148-6)("Rodella Report"); Rodella, Jr. Supplemental -- Case No. SO-14-000310, filed November 18, 2014 (Doc. 148-7). During the incident, Tafoya's right thumb was injured. See PSR ¶ 20, at 7. Tafoya suffered a right thumb ulnar collateral ligament tear, which required surgery to repair. See PSR ¶ 20, at 7. After the surgery, Tafoya was required to wear a splint for three months, undergo occupational therapy for range and motion, and needed to protect his right thumb for six months. See PSR ¶ 20, at 7.

PROCEDURAL BACKGROUND

After a five-day jury trial, Rodella was convicted of violating Tafoya's constitutional rights -- in violation of 18 U.S.C. § 242 ("Count 1") -- and of using a firearm during a crime of violence -- in violation of 18 U.S.C. § 924(c)(1)(A)(ii) ("Count 2"). Verdict, filed September 26, 2014 (Doc. 127)("Verdict"). The PSR recommends a Sentencing Guidelines range of 108 to 120 months in addition to a seven year imprisonment term that must run consecutively, resulting in a total of 192 to 204 months. PSR ¶¶ 94-95, at 20. Rodella makes four legal objections and requests a variance or downward departure from the Sentencing Guideline range. See Objections at 3-13.¹

1. The PSR's Calculations.

With regards to sentencing on Count 1, the PSR calculates a base offense level of 19, which corresponds to that for an aggravated assault that results in serious bodily injury under

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U.S.S.G. § 2A2.2. See PSR ¶ 27, at 8. The PSR notes that the base offense level for U.S.S.G. § 2A2.2 is 14 and that, if the victim suffers a serious bodily injury, the base offense level is increased by 5 levels, resulting in an offense level of 19. See PSR ¶ 27, at 8. The PSR recommends an additional 6 offense levels under U.S.S.G. § 2H1.1(b)(1), because Rodella was a public official at the time of the offense. See PSR ¶ 28, at 8. The PSR recommends an additional 2 offense levels under U.S.S.G. § 3A1.3 for physically restraining Tafoya during the offense. See PSR ¶ 29, at 9. The PSR recommends another 2 levels pursuant to U.S.S.G. § 3B1.1(c) for being "an organizer, leader, manager, or supervisor." PSR ¶ 30, at 9. Finally, the PSR recommends an additional 2 levels under U.S.S.G. § 3C1.1 for obstructing justice. See PSR ¶ 31, at 9.

The PSR states that Rodella has a criminal history score of zero, which establishes a criminal history category of I. See PSR ¶ 39, at 9. The PSR notes that the maximum term of imprisonment for Count 1 is ten years. See PSR ¶ 74, at 16. The PSR notes that, for Count 1, the recommended sentencing range for a criminal history category of I and offense level of 31 is 108 to 135 months. See PSR ¶ 76, at 16. For Count 2, the PSR notes that the minimum imprisonment term is seven years and the maximum is life, and that the imprisonment term must run consecutively with any other counts. See PSR ¶¶ 74-75, at 16. The PSR also recommends that, pursuant to 18 U.S.C. § 3663A, Rodella pay $7,135.88 in restitution to the State of New Mexico Victim's Reparation Commission for Tafoya's medical expenses that the commission paid. See PSR ¶ 89, at 18. The PSR notes that Tafoya is requesting $3,200.00 in restitution for lost wages. See PSR ¶ 89, at 18.

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2. The Objections.

Rodella filed his Objections on January 12, 2015. See Objections at 1. He objects to the restitution awards, by arguing that, because the jury did not find that Tafoya was injured, the Court should not order restitution for medical expenses, and by arguing that Tafoya's lost wages were the result of his choice to not work. See Objections at 3. He also argues that, because the jury did not find that Tafoya suffered a bodily injury, the PSR incorrectly added 5 offense level points under U.S.S.G. § 2A2.2(3). See Objections at 3. He contends that U.S.S.G. § 2A2.2 should not be applied, because Tafoya did not suffer a serious bodily injury and because Rodella did not use a dangerous weapon with the intent of causing bodily injury. See Objections at 4. Rodella argues that, while the jury found that he used a firearm, it did not find that he intended to cause bodily injury. See Objections at 4. He contends that the extent of a victim's injury is an important consideration in determining whether to apply the aggravated assault guideline -- U.S.S.G. § 2A2.2 -- or the...