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United States v. Walker

United States District Court, D. Minnesota

October 25, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
DELEON COLTAY WALKER, Defendant.

          Surya Saxena, Assistant U.S. Attorney, United States Attorney's Office, Minneapolis, Minnesota, for Plaintiff

          John C. Brink, The Law Office of John C. Brink, Minneapolis, Minnesota, for Defendant

          REPORT AND RECOMMENDATION

          DAVID T. SCHULTZ, UNITED STATES MAGISTRATE JUDGE.

         BACKGROUND

         Around 8:20 a.m. on June 13, 2017, while patrolling in Minneapolis, Minnesota, Officer Adam Thorsten was alerted to a nearby armed robbery in progress inside The Howe Daily Kitchen & Bar (“The Howe”). 9/15/2017 Hearing (“Hearing”), 9:16:51-57, 9:17:22-26, 9:19:06-23. The message alerted that an employee was being held at gunpoint by a man demanding access to the safe. Hearing, 9:19:06-20:17, 9:26:21-32. The alert did not include a physical description of the suspect. Id. Officer Thorsten drove to The Howe. Id.

         Simultaneously, Officer Jeffrey Werner was alerted to The Howe robbery and drove to the restaurant. Hearing, 9:53:06-22, 9:55:04-29. Officer Werner, who works for both the Minneapolis Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), was not in uniform and was driving an unmarked ATF truck. Id.

         Officer Thorsten and his partner arrived at The Howe within three minutes and, in full uniform, approached the restaurant on foot. Hearing, 9:21:02-11; Ex. 1 at 13:13:32-13:16:04.[1] Within a minute of arriving, Officer Thorsten watched a man, whom the Government alleges is Defendant Deleon Coltay Walker (“Walker”), emerge from The Howe.[2] Hearing, 9:34:48-9:35:32, 9:36:11-15; Ex. 1 at 13:16:39. Officer Thorsten ordered Walker to put his hands up and get on the ground.[3] Ex. 1 at 13:36:39-43. Instead, Walker sprinted away from Officer Thorsten and his partner, and they ran after him. Ex. 1 at 13:36:38-46.

         Officer Werner, who also watched Walker emerge from The Howe, attempted to intersect him with his truck. Hearing, 9:58:52-9:59:47. Walker ran directly in front of Officer Werner, and despite his testimony that he attempted to brake, Officer Werner's truck struck Walker and knocked him to the ground.[4] Id.; Ex. 1 at 13:36:40-47.

         Multiple officers quickly surrounded Walker. Ex. 1 at 13:36:52-13:17:03. Officer Thorsten attempted to handcuff him but Walker thrashed his arms and torso in resistance, and even clasped onto Officer Thorsten's arm. Hearing, 9:41:07-9:42:20; Ex. 1 at 13:17:09-13:18:09. Officer Thorsten told Walker he was being arrested for robbery and to stop resisting. Ex. 1 at 13:37:12-32. Despite being tased multiple times, Walker continued to resist handcuffing. Id. During the struggle, Officer Werner saw a handgun protruding from Walker's back pocket, which Officer Werner removed.[5] Ex. 2 at 13:17:13-15.

         After a minute of physical resistance, Walker was finally handcuffed. Hearing, 9:43:04-27; Ex. 1 at 13:17:09-13:18:09. He continued to struggle with the officers and falsely told them he worked at The Howe. Ex. 1, 13:18:09-16. After being ordered by the officers to stop resisting, Walker paradoxically argued he was not resisting but was “trying to get away.” Ex. 1 at 13:18:18-25. Walker was eventually subdued and placed in an ambulance. Ex. 1 at 13:26:31-13:29:07.

         On July 26, 2017, Walker was indicted on one count of Felon in Possession of Firearm - Armed Career Criminal, one count of Interference with Commerce by Robbery, and one count of Brandishing and Carrying a Firearm During and in Relation to a Crime of Violence. [Docket No. 1]. Walker moves to suppress all evidence from his present arrest and from some of his prior arrests, and to have Count 1 of the Indictment dismissed. [Docket Nos. 22, 24-27].

         ANALYSIS

         I. Motion to Suppress Electronic Surveillance Evidence [Docket No. 22]

         Walker moves to suppress all electronic surveillance evidence from his present arrest. [Docket No. 22]. The Government has stipulated that it did not conduct electronic surveillance. [Docket No. 39 at 1]. Accordingly, it is recommended that Walker's ...


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