US v. McEaddy
| Decision Date | 12 December 1991 |
| Docket Number | No. 91-80471.,91-80471. |
| Citation | 780 F. Supp. 464 |
| Parties | UNITED STATES of America, Plaintiff, v. Carlton McEADDY, Defendant. |
| Court | U.S. District Court — Western District of Michigan |
Edward Ewell, U.S. Atty., Detroit, Mich., for plaintiff.
Paul D. Borman, Federal Defender, Detroit, Mich., for defendant.
This matter is before the Court on a series of motions filed by Defendant Carlton McEaddy ("Defendant"). They are as follows: motion to suppress statements; motion to sever defendants/offenses; discovery motions; and motion for Government agents to retain rough notes.
The Court scheduled oral argument on these motions for November 1, 1991. At a pre-hearing conference, the Court informed the parties that it had decided to sever the defendants Carlton McEaddy and Joe Fountain and would therefore sever Count VI from the rest of the indictment.1 Further, at the close of the hearing, the parties resolved all disputed discovery matters as well as the question of retention of rough notes. Therefore, this Opinion addresses only the Defendant's motion to suppress.
At the hearing on the motion to suppress, the Government called as witnesses Special Agent Michael Yott and Special Agent Roger Guthrie, both of the Bureau of Alcohol, Tobacco, and Firearms ("ATF"). The testimony of the agents was consistent. On June 4, 1991, pursuant to a valid search warrant, they, along with case agent, Anthony Primac, and other agents, executed a search of a residence located at 14272 Mayfield. The agents were authorized by the warrant to search for firearms, drugs, and drug paraphernalia.
After a forced entry, the agents conducted a protective sweep of the residence and gathered the four occupants into the living room area, handcuffed them, and forced them to lie face downward on the floor. At this time, Agent Primac read the occupants their rights from a card, pausing periodically to allow each occupant to express his consent and understanding. Agent Yott then asked the occupants whether there were any valuables or firearms in the residence. This question received no response. With the occupants still handcuffed and detained in the living room, the agents then conducted a search of the premises. The agents found three firearms in a hall closet and controlled substances.
The four occupants were then taken individually into the dining room area, connected to the living room by an open doorway, and asked a series of questions. Agents Guthrie and Yott conducted this initial interview, the purpose of which was to establish whether there was a need further to detain any of the occupants. The agents did not in any way coerce the occupants to answer their questions.2
During this interview, Defendant identified himself by the alias Frank Davis and admitted that he was a paroled felon. He stated that he had handled the subject firearms, but that the firearms do not belong to him. At this point, the initial interview with the Defendant was terminated. No other occupant of the house admitted possession of the firearms.
After each of the occupants had been questioned in the dining room area, Agents Yott and Guthrie led the Defendant to a second floor bedroom so as to conduct a more thorough interview.3 The Defendant's handcuffs were removed at this point and apparently remained so for the duration of the upstairs interview. According to the agents, the Defendant did not appear to be under the influence of any drug and was generally calm and cooperative. Moreover, the Defendant did not in any way indicate that he wished to refrain from answering questions or that he wanted an attorney present. There was no coercion of the Defendant, subtle or blatant.
Once upstairs, Agent Yott once again read the Defendant his Miranda rights. The Defendant then signed a Waiver of Right to Remain Silent and Right to Advice of Counsel form using the name Frank Davis.4 Agents Yott, Guthrie, and Primac also signed the form as witnesses.5 Agent Yott then took the Defendant's statement. In that statement, the Defendant claims that he had been staying at 14272 Mayfield for about two months. He says that he had loaded the .32 caliber pistol with six live rounds and that he had handled all the firearms. He had handled the .22 caliber rifle that day. He kept the firearms in the house for protection because there were a lot of people passing in and out of the house. He adds that he had not fired the guns, and concludes that guns are his hobby. The Defendant signed this statement using the name Frank Davis. Special Agents Guthrie and Yott also signed.
The Government rested and the defense called Gregory Jackson, one of the four occupants of the house at the time of the execution of the search warrant. Mr. Jackson testified as to the events surrounding the search. He claimed that he lay on the floor for approximately 30 to 60 minutes before he was taken upstairs where he was questioned by agents for about 20 minutes. He denied being questioned in the dining room. Mr. Jackson stated that the agents may have informed him of his Miranda rights but he was not sure. He added that he had not been mistreated by the agents.
The Defendant then took the stand. He testified that he lives on Houston-Whittier street in Detroit and, on June 3, had been asked to come to Mr. Fountain's house the next day to cut the grass and clean the basement. On the morning of June 4, he arrived at the residence at approximately 10:00 a.m. At the time of the search, the agents apprehended him in the kitchen and told him to lie on the floor. After five minutes, he was taken to the dining room6 where he joined the other occupants of the house and was told to lie on the floor face downward. He admitted having been read his Miranda rights and having been asked whether he understood those rights. The Defendant claimed that there had been no initial interview whether in the dining room or elsewhere, but rather that he had been tapped on the shoulder from his prone position and led upstairs.7
On direct examination, the Defendant was asked about his name. During the search, he volunteered his name as Frank Davis. He also used this name to sign the rights waiver and statement. Although the Defendant's testimony on this subject was convoluted, it appears that there had been an outstanding warrant for his arrest as of March 1987. Then, in December 1987, he was arrested on an unrelated drug charge. During the raid prior to this arrest, he found a wallet with a food stamp card belonging to a Frank Davis lying near him on the floor. He used this name at the time of the raid so the police would not know that there was an outstanding warrant for his arrest. Also, on cross-examination, he admitted to having a prior drug conviction under the name Carlton McEaddy. He also admitted to having had a conviction approximately ten years prior for carrying a concealed weapon.
The Defendant claimed that the agents treated him well until he was taken upstairs. At that time, he was seated on the floor with his back to the wall. One agent was standing before him and the other was to his side. The Defendant answered some questions posed by Agent Yott. Agent Yott then transcribed the Defendant's answers in the form of a statement. Agent Guthrie, who had descended to the first floor for about three minutes, returned and told the Defendant to sign his statement. When the Defendant refused, the Defendant alleged that the agents punched and kicked him. To stop the abuse, he signed the statement and then the waiver. He did not mention this alleged beating to any person.
On cross-examination, the Defendant admitted that he had known at the time of his arrest that Joe Fountain is a felon and that it was a parole violation to be in contact with a convicted felon. He added that he did not know that Mr. Fountain was in possession of drugs or that the house was a drug house. He did say that he knew that the house had recently been raided for drugs. He also said that he did not know that there were firearms in the house and had never seen the firearms prior to the date of his arrest.
It is undisputed that the Defendant, from the time of his detention through his transportation to the custody of the marshals, was in the control of the agents and was not free to leave.
The Court credits the testimony of Agents Guthrie and Yott. Both their direct examination and cross-examination testimony was, in all major respects, consistent. It is also supported by the rights waiver and the Defendant's statement. Moreover, the procedures as to which the agents testified appear to be those commonly used by the ATF and other law enforcement agencies.
The Court does not credit the testimony of the Defendant, which the Court found generally to be convoluted and evasive. The Defendant's credibility is particularly damaged by a number of inconsistent statements, as well as evidence of previous mendacity. For example, the Defendant testified that there had been no guns in the closet at the time of the previous raid of the house. However, if, as he claimed, he had not stayed at the house8, it is unclear how he could have been so sure that there were no firearms in the closet during the prior raid. Further, the Defendant admitted on the stand to having lied to the agents about his name. When asked why he had not given his correct name, he answered that he had not been asked to give his true name and that "it's not nice to volunteer on everything." Finally, the Defendant steadfastly maintained he had never been asked a question about the drugs that were found — a highly unlikely fact in view of the fact that this was a drug raid.9
The account of his alleged beating is particularly difficult to credit. The Defendant states that he was initially handcuffed and seated on the floor. Then, after Agent...
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