United States District Court, D. Minnesota
S. Dunne, Office of the United States Attorney, for Plaintiff
United States of America
M. Paule, Robert M. Paule, PA, for Defendant Kendrick Ledelle
MEMORANDUM OPINION AND ORDER
RICHARD NELSON UNITED STATES DISTRICT JUDGE
the Court is the Motion to Withdraw Plea of Guilty [Doc. No.
62] filed by Defendant Kendrick Ledelle Dotstry
(“Dotstry”). On November 3, 2017, the Court held
an evidentiary hearing on this motion, at which Dotstry
offered testimony and counsel presented oral arguments. For
the reasons set forth below, Defendant's motion is
Offense Conduct and Charges
Indictment [Doc. No. 1] in this case charges Dotstry with
being a felon in possession of a firearm, in violation of 18
U.S.C. §§ 922(g)(1) & 924 (a)(2). Dotstry had
prior felony convictions from this District for possession
with intent to distribute cocaine in 2000, and conspiracy to
distribute cocaine/cocaine base in 2009. (Indictment at 1.)
current charges stem from events occurring on November 19,
2016, when several 911-callers reported an in-progress
domestic abuse incident at a Minneapolis apartment complex.
(See R&R at 2 [Doc. No. 34].) While officers
were en route to the scene, they learned the suspect's
name and obtained a description of the suspect and his
vehicle. (Id.) The callers indicated that the
suspect had also pointed a gun at several persons near the
apartment complex. (Id. at 3.)
evidentiary hearing on the instant motion, Dotstry testified
that his actions on the day in question were in self-defense.
(See Nov. 3, 2017 Hr'g Tr. at 12 [Doc. No. 73].)
As he explained at the hearing and in a November 3, 2017
letter to the Court, on November 19, 2016, he visited the
apartment complex to attend a baby shower for a woman named
Juanita, with whom he was expecting a child. (Def.'s Nov.
3, 2017 Letter at 2 [Doc. No. 68].) At the same time,
however, Dotstry was also expecting a child with a different
woman-a fact that was apparently known to Juanita and members
of her family, who were unhappy with Dotstry. (See
id.) (stating, “A couple of sisters of . . .
Juanita got involved and started a [w]hole bunch of drama and
turn[ed] her family against me. (Ok[, ] I deserve for them to
be mad.)”). While he was arguing with Juanita in front
of the building, Dotstry contends that a man named Duke told
him to leave. (Id.) Dotstry then walked off and
engaged in conversation with a man named Andre.
(Id.) After Andre left, Dotstry asserts that he was
walking to his truck when Duke approached him and the two
started fighting. (Id.) Duke pulled out a gun, which
Dotstry deflected, causing Duke to drop the weapon.
(Id.) Shortly thereafter, Dotstry contends that
“about 20” members of Juanita's family, who
came out to help Duke, approached Dotstry. (Id.)
Believing that Juanita's family members meant him harm,
Dotstry waved a gun in front of himself. (Id.) As he
later explained, “I did wave the gun to get all the
people to back away from me.” (Def.'s Nov. 3, 2017
Letter at 3.) Dotstry then got into his truck and started to
leave. (Nov. 3, 2017 Hr'g Tr. at 12.)
the responding police officers arrived at the scene, they
observed a suspect and vehicle that matched the callers'
descriptions. (R&R at 3.) After the driver, later
identified as Dotstry, voluntarily pulled over, the officers
initiated a stop. (Id.) Because of concerns that
Dotstry was armed, officers drew their weapons, crouched
behind the doors of their squad car, and issued commands to
Dotstry. (Id.) Dotstry initially refused to comply,
but ultimately did so. (Id. at 3.) While the
officers were securing him, the following exchange occurred
between Dotstry and Officer Andrew Schroeder:
Officer Schroeder: We got a call you were pointing a gun
Dotstry: I was pointing a gun?
Officer Schroeder: That's why we're here.
Dotstry: I do have one. There's one in the car.
Officer Schroeder: Is there one in ...