US v. Shelton
| Decision Date | 18 June 1990 |
| Docket Number | No. CR89-0102J.,CR89-0102J. |
| Citation | 742 F. Supp. 1491 |
| Parties | UNITED STATES of America, Plaintiff, v. Walter SHELTON, John Rexius, Gary Harshfield and Lindsey Tilton, Defendants. |
| Court | U.S. District Court — District of Wyoming |
John Barksdale, Asst. U.S. Atty., Casper, Wyo., for U.S.
Ronald Rogers, Cheyenne, Wyo., for Shelton.
Frank Chapman, Casper, Wyo., for Rexius.
James Fagan, Casper, Wyo., for Harshfield.
Jerry Yaap, Casper, Wyo., for Tilton.
THE ABOVE CAPTIONED MATTER came before the court on Defendants John Rexius's and Walter Shelton's 14 and 15 November 1989 Motion to Suppress, and hearing was held on January 3, 4, 12, and February 9, 1990. After an extensive evidentiary hearing, the Court granted the defendants' motion to file supplemental briefs in support of the motion, which were filed with the court on 30 April 1990.
On June 1, 1989, the Casper Police Department turned over to the Wyoming Department of Criminal Investigation an ongoing investigation of the narcotics dealing which is the subject of this case. For the purposes of this motion, only those events which occurred between June 1 and July 24, 1989, are relevant. The drug transactions which were participated in and observed each followed a similar pattern.
On June 6, 1989, Agent Pat Carr of the Casper Police Department contacted defendant Gary Harshfield and told him that he would like to purchase two ounces of cocaine. Carr and Special Agent Al Bennett of the Wyoming DCI went to Harshfield's residence that afternoon to procure the narcotics. Harshfield informed the agents that he was having difficulty locating a source for the drugs at that time, but he left his apartment and on returning told them he had located one.
Surveillance was being conducted on Harshfield at that time by other agents of the DCI. Agent Tim Hill, the team leader of the Central Drug Enforcement Team, testified concerning that and all other surveillance conducted by the agency during the investigation. Upon leaving his apartment, Harshfield had driven to the house at 313 Siskin Street in Casper. That house was later identified as the residence of the defendant John Rexius. Harshfield stayed for a few minutes, and after running several errands, returned to his apartment and met with Bennett and Carr. He informed them that his source did not have the two ounces of cocaine at that time.
Agent Carr phoned Harshfield again on June 19 and informed him that Bennett would like to purchase two to four ounces of cocaine. Harshfield contacted Bennett and the two met that afternoon. Bennett gave him approximately half of the $2900 "buy money" with the understanding that Harshfield would retrieve at least half of the cocaine, and the remainder of the money would be paid at that time. Harshfield left his apartment and went to 313 Siskin, stayed a few minutes and returned home. He told Bennett that the deal would take about an hour. Harshfield later left "to go to his connect's house" and his vehicle was again located at the Siskin residence. He and Rexius both left the house shortly thereafter, and surveillance lost Rexius. Harshfield returned to his apartment where he gave Bennett the first ounce of cocaine, and told him that his source was going to pick up the rest. Bennett was asked to return later. Soon thereafter, Rexius (whom surveillance had again located at his home) and Harshfield left their houses and met in a parking lot not far from Harshfield's apartment. They drove separately to the 313 Siskin address, and after a few minutes, Harshfield left and delivered another ounce of cocaine to Bennett.
On June 29, 1989, Agent Carr contacted defendant Lindsey Tilton in an attempt to locate Harshfield. Harshfield soon returned the call and Carr informed him that he was interested in purchasing four or more ounces of cocaine. Harshfield told Carr over the phone that he would check with his connect, and immediately after placing the call drove to 313 Siskin. He stayed approximately four minutes and drove home, stopping for food in between. Bennett and Carr arrived shortly thereafter. Harshfield told them that he was getting phone calls from his connect, and that the transaction would have to be complete before the connect had to work. About thirty minutes after the agents left, Harshfield drove to Rexius's house, and then back to his apartment. Rexius then left his home and again surveillance was not able to follow him.
Harshfield met the two agents and told them that he was going to meet his source at 4:00 p.m. At 3:47 p.m., he left his home and returned to 313 Siskin for several minutes, and on returning delivered one ounce of cocaine to Bennett and Carr. He told the agents that he could get an additional three ounces that afternoon, and Bennett agreed to pay half of the $5,700 price up front and the balance on delivery. Shortly, Harshfield and Rexius again met in a supermarket parking lot near Harshfield's home and the two proceeded to the apartment. Harshfield delivered three ounces of cocaine to the agents, and after receiving the remaining half of the payment, met with Rexius in the alley behind the residence.
The final transaction between the parties occurred on July 24, 1989. Carr again contacted Tilton, who set up a meeting. At 12:15 p.m., the two agents met with Harshfield and Tilton at Harshfield's apartment. Harshfield informed them that his connect would sell them eight ounces of cocaine for $10,000. Bennett agreed to put together what money he could, and asked whether some of the cocaine would be "fronted" to him. Harshfield agreed to check with his connect, and arranged to meet with the agents at 3:30 p.m.
At approximately 3:00 p.m., Tilton arrived at 313 Siskin, stayed a few minutes, and drove to Harshfield's apartment. After Tilton's visit, at 3:30 p.m., Rexius left his home and picked up a person at a local body shop. He transported that person to a vehicle at the Casper airport terminal, then left the airport and at 4:30 p.m. drove to the Riverside Mini Storage facility.
Officers Chris Carter and Gerald Vanderheid were on surveillance of Rexius at this time, and saw him enter the storage area, where he remained for several minutes. Officer Vanderheid saw Rexius in front of an open storage unit, and observed him enter "one of about four" sheds. Rexius left the storage area and returned to his home, arriving shortly before 5:00 p.m.
Harshfield and Tilton met the agents at 3:42 p.m. at Harshfield's residence. Harshfield told them that his connect would not front any cocaine, but would sell eight ounces for $10,000. He also indicated that his connect had to go somewhere to pick up the cocaine. Harshfield left to see if his source was home, and surveillance followed him to 313 Siskin. At this time, Rexius was en route to the mini storage, and Harshfield returned to his apartment, telling the agents that his source had not yet arrived. Tilton and Harshfield left the apartment at 4:52 p.m. and arrived at Rexius' home as he was returning. They stayed for approximately seven minutes and went back to their apartment. Harshfield informed Bennett that his connect would sell six ounces of cocaine for $8,000, and Bennett agreed to the deal. Harshfield told the agents that his connect had only four ounces and would have to go somewhere and get the remainder.
After Harshfield and Tilton left 313 Siskin, an individual identified as Adrianne Whistler arrived and she and Rexius proceeded to the Riverside Mini Storage area. Investigator Scott Weischedel of the Casper Police Department was conducting surveillance at that time and placed Rexius in the same area where he had previously been seen. Rexius and Whistler then returned to 313 Siskin and Rexius met Harshfield. Harshfield was observed putting something in his car, and then entered the house and remained for a few minutes. He returned to his apartment and delivered cocaine to Bennett.
At approximately 6:00 p.m., an arrest order was given and Harshfield and Tilton were arrested at their apartment. An arrest order was also given for Rexius, who was arrested with Whistler while driving in Casper. In a search of Rexius's person incident to his arrest, Investigator Scott Weischedel recovered a small set of keys from Rexius's shorts pocket. On the ring was a distinctive Master lock-type key.
At the hearing, each officer was questioned extensively on the subject of the keys. The testimony indicated that two sets of keys were seized. A set was found in Rexius' pocket and a ring of keys was in the ignition of his truck when he was arrested. In addition, a single key to the truck was found in its console when it was inventoried. As of the dates of the suppression hearing, none of the officers who testified could account for the location of any of the keys, and none had inventory records of any but the single pickup key. Although defense counsel exhaustively examined each witness on the subject of the keys, their whereabouts, the number of keys, where and when they were located, and their eventual destiny, the Court finds no particular significance in the "mystery." The testimony outlined the preceding facts consistently, and no evidence was presented to the contrary.
Rexius and Whistler were taken to the Casper Police Department and questioned. At approximately 8:00 p.m., Agents Carter and Lynn Koughe drove Whistler to the Riverside Mini Storage and she pointed out two storage sheds, one of which Rexius had been to. She was apparently unsure of which of the two it was. On returning to the station, Carter was given the set of keys with the Master-type key and told to return to the storage area and determine whether the keys fit any of the locks on the sheds. Carter tried the key in shed # 365 and the lock opened. He then relocked the lock without opening the shed, and remained at the area awaiting word that a search warrant had...
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