United States District Court, D. Minnesota
Saxena, Assistant U.S. Attorney, United States Attorney's
Office, Minneapolis, Minnesota, for Plaintiff
C. Brink, The Law Office of John C. Brink, Minneapolis,
Minnesota, for Defendant
REPORT AND RECOMMENDATION
T. SCHULTZ, UNITED STATES MAGISTRATE JUDGE.
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.
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.
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. Within a minute of arriving, Officer
Thorsten watched a man, whom the Government alleges is
Defendant Deleon Coltay Walker (“Walker”), emerge
from The Howe. 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. 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.
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. Id.; Ex. 1 at 13:36:40-47.
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. Ex. 2 at 13:17:13-15.
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.
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].
Motion to Suppress Electronic Surveillance Evidence
[Docket No. 22]
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