United States v. Watson

Decision Date16 June 2021
Docket Number19-CR-004-1 (WFK)
PartiesUNITED STATES OF AMERICA, v. RONELL WATSON, Defendant.
CourtU.S. District Court — Eastern District of New York
MEMORANDUM & ORDER

WILLIAM F. KUNTZ, II, United States District Judge:

Ronell Watson ("Defendant") was found guilty following a jury trial of (1) Attempted Murder of a Federal Officer in violation of 18 U.S.C. § 1114(3); (2) Assault of a Federal Officer in violation of 18 U.S.C. §§ 111(a)(1) and 111(b); and (3) Possessing and Discharging a Firearm During a Crime of Violence in violation of 18 U.S.C. §§ 924(c)(1)(A)(i) and 924(c)(1)(A)(iii). The Court now sentences him and provides a complete statement of reasons pursuant to 18 U.S.C. § 3553(c)(2) of those factors set forth by Congress contained in 18 U.S.C. § 3553(a). For the reasons discussed below, Defendant is sentenced to 382 months of imprisonment followed by three (3) years of supervised release.

BACKGROUND

The Government filed a criminal complaint against Ronell Watson ("Defendant") and Molissa Gangapersad on December 10, 2018, and a superseding four-count indictment on January 3, 2019. Presentence Investigation Report ("PSR") at 1, ECF No. 157; Complaint (Compl.), ECF No. 1. The superseding indictment charged Defendant Watson with: (1) Attempted Murder of a Federal Officer in violation of 18 U.S.C. § 1114(3); (2) Assault of a Federal Officer in violation of 18 U.S.C. §§ 111(a)(1) and 111(b); and (3) Possessing and Discharging a Firearm During a Crime of Violence in violation of 18 U.S.C. §§ 924(c)(1)(A)(i) and 924(c)(1)(A)(iii). PSR ¶ 1-3. Defendant Watson was not named in the fourth count. Id. ¶ 4. The superseding indictment alleges Defendant Watson knowingly and intentionally attempted to kill a Special Agent of the Federal Bureau of Investigation. Indictment ("Ind.") at 1, ECF No. 11. On July 17, 2019, a jury found Defendant guilty of Counts One through Three. PSR ¶ 1. Defendant Watson has been in custody since his arrest. Id. ¶ 82. The Court hereby sentences Defendant Watson and sets forth its reasons for Defendant's sentence using the rubric of the 18 U.S.C. § 3553(a) factors pursuant to 18 U.S.C. § 3553(c)(2).

DISCUSSION
I. Legal Standard

18 U.S.C. § 3553 outlines the procedures for imposing sentence in a criminal case. The "starting point and the initial benchmark" in evaluating a criminal sentence is the Guidelines sentencing range. Gall v. United States, 552 U.S. 38, 49 (2007). If and when a district court chooses to impose a sentence outside of the Sentencing Guidelines range, the court "shall state in open court the reasons for its imposition of the particular sentence, and . . . the specific reason for the imposition of a sentence different from that described" in the Guidelines. 18 U.S.C. § 3553(c)(2). The court must also "state[] with specificity" its reasons for so departing "in a statement of reasons form[.]" Id.

"The sentencing court's written statement of reasons shall be a simple, fact-specific statement explaining why the guidelines range did not account for a specific factor or factors under § 3553(a)." United States v. Davis, 08-CR-0332, 2010 WL 1221709, at *1 (E.D.N.Y. Mar. 29, 2010) (Weinstein, J.). Section 3553(a) provides a set of seven factors for the Court to consider in determining what sentence to impose on a criminal defendant. The Court addresses each in turn.

II. Analysis
A. The Nature and Circumstances of the Offense and the History and Characteristics of the Defendant

The first § 3553(a) factor requires the Court to evaluate "the nature and circumstances of the offense and the history and characteristics of the defendant." 18 U.S.C. § 3553(a)(1).

a. Family and Personal Background

Defendant was born Ronell Adrian Watson on September 12, 1987, in Georgetown, Guyana. PSR ¶ 49. Defendant is the only child born to the marital union of Ronald Watson and Theresa (née) Ford. Id. Defendant's father died in 1989. Id. Defendant's mother (age 61), with whom he has a close relationship, is a retired schoolteacher. Id. She is aware of the instant offense and is supportive of Defendant. Id ¶ 50. Defendant's mother has been married to Godfrey Frasier (age 68), a retired construction worker, since the Defendant's childhood. Id. ¶ 56. Defendant noted he has always maintained a good relationship with Mr. Frasier. Id. Defendant has three maternal half-siblings, all of whom live in New York State. Id. ¶ 51. The siblings are aware of Defendant's arrest and conviction, and they remain supportive of him. Id.

According to the U.S. Immigration and Customs Enforcement ("ICE") database, Defendant entered the United States on August 23, 1996, is legally residing in the United States as a permanent resident, and is amenable to removal proceedings for the instant conviction. Id. ¶ 55. Defendant stated, and his mother confirmed, that he is a derivative United States citizen through his mother, and he has a United States passport. Id. However, Probation notes Defendant has not provided any proof or other documentation to indicate ICE records are incorrect. Second Addendum to the PSR ("PSR Add. 2") at 3, ECF No. 180.

Defendant's mother raised him in Georgetown, Guyana, until she immigrated to the United States when he was three. Id. ¶ 52. Defendant was left in the care of his maternalgrandmother, Shirley Edwards (age 80). Id. Although the neighborhood Defendant resided in during his childhood was "very poor," their family was middle-income. Id. ¶ 53.

Defendant experienced troubling incidents in his youth. He reported to probation he was physically and sexually "abused by an older cousin," who would also occasionally lock Defendant "in a cage they used for dogs." Id. ¶ 54. At age eight, Defendant witnessed "unknown individuals" "slaughter" this cousin "with a machete." Id. Furthermore, because of his grandmother's political affiliations, the family often needed army protection during political elections. Id. ¶ 53. Defendant reported that when he was four, an unknown group threw a Molotov cocktail through their home window. Id.

Defendant also experienced difficulties after moving to the United States. Defendant reports he was bullied at school and assaulted by classmates. Id. ¶ 58. Several boys stole his bicycle and assaulted him in front of his home. Id. He also witnessed shootings and robberies in his neighborhood. Def.'s Sentencing Mem & Objs. to PSR ("Def. Mem.") at 5, ECF No. 174. Defendant reports that when he was thirteen, a close friend of his died after being stabbed in the neck. Id. at 6.

Defendant has been romantically involved with Molissa Gangapersad (age 31), a nurse coordinator, since 2009. PSR ¶ 59. Defendant reports their relationship has remained intact since his instant arrest and conviction. Id. However, because Ms. Gangapersad is a co-defendant in the instant offense, she has had no contact with Defendant as part of her bond conditions. Id. ¶ 60. Defendant and Ms. Gangapersad have one child, Malia Watson (age 9). Ms. Gangapersad and Defendant's family members financially support the child, but Defendant reports she is "everything to him." Id. ¶ 60. Malia Watson is enrolled in school and is essentially healthy, but has poor eyesight. Id.

b. Defendant's Physical Condition, History of Substance Abuse

Defendant has had severe vision problems since childhood. Id. ¶ 65. At age ten, he was diagnosed with glaucoma and high myopia, a degenerative eye condition that leads to chronic eye disorders and vision difficulties. Id. Defendant has had several retina detachments that required surgery and retinal implants in both eyes. Id. ¶ 66. He also has tubes in both eyes to relieve the pressure for the glaucoma. Id. Since his arrest, Defendant has had two laser eye surgeries and he reports "he has an elastic band to hold his right eye in place." Id. Defendant reports he is legally blind. Id. However, the New York State Department of Motor Vehicles indicates Defendant has a valid driver's license, which expires on September 12, 2025 and he was operating a motor vehicle at the time of the instant offense. Id. ¶ 68.

Defendant reported having difficulty seeing at the Metropolitan Detention Center ("MDC") in Brooklyn, New York. Id. He reported suffering from constant headaches, but cannot take most medications because of his glaucoma. Id. Defendant's New York Eye and Ear Hospital medical records were reviewed by Dr. Andrew P. Schwartz, M.D., Director of Refractive Surgery and Laser Vision Correction at 5th Avenue Eye Associates. Id. ¶ 69. Based solely on his review of those records, Dr. Schwartz believed Defendant suffered from "severe visual impairment, to include degenerative myopia, glaucoma, refractive amblyopia, myopic degeneration, and retinal detachment." Id. Dr. Schwartz further believed Defendant's left eye provides little functional vision, and Defendant's right eye has functional vision, but with severe limitations in peripheral vision. Id. Dr. Schwartz commented he believes that Defendant is legally blind in both eyes. Id. However, Dr. Schwartz also noted Defendant's vision in his right eye permits him to do things such as "recognize persons, identify a car, and recognizemovement." Id. Dr. Schwartz's review of the video evidence in this case further supported his belief that Defendant does, in fact, have functional vision. Id.

Defendant was shot in the left hand during the instant offense and was treated at Kingsbrook Jewish Medical Center, in Brooklyn, New York. Id. ¶ 70. In his interview with Probation, he noted his hand felt numb, he was unable to rotate it, and he was also unable to carry anything with weight. Id. Defendant visited the medical center for a follow-up visit post-surgery during which he stated that pain was minimal and reported slight numbness. Id. On May 14, 2019, Defendant again visited the medical center and at that time, denied pain, numbness, and tingling sensations in his wrist. Id. ¶ 71. Although x-rays showed bullet fragments overlaying Defendant's left wrist, no acute...

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