United States District Court, D. Minnesota
Calhoun-Lopez, Assistant U.S. Attorney, U.S. Attorney's
Office, for Plaintiff
Riach, Esq., Fredrikson & Byron, for Defendant
REPORT AND RECOMMENDATION
T. SCHULTZ UNITED STATES MAGISTRATE JUDGE.
Kenneth Lewis moves to suppress statements he made to law
enforcement during a custodial interrogation on April 19,
2018, alleging they were obtained in violation of his Fifth
Amendment rights. Motion, Docket No. 16. For the reasons
stated below, the Court recommends that Lewis's motion to
suppress be denied.
April 18, 2018, the day of his arrest, Lewis made statements
to law enforcement while being transported from the scene.
The Government contends the statements are admissible but has
agreed not to use them at trial. Motion Hearing (Oct. 24,
2018) Tr. 5-6, Docket No. 33. Therefore, the Court will deny
as moot Lewis's motion to suppress the April 18, 2018
April 19, 2018 Detective Autumn Nelson and Detective Tessa
Villegas questioned Lewis while he was in custody at the
Anoka County Jail. Gov't Exs. 1, 2.After a few
questions about administrative matters, he was advised of his
rights under Miranda v. Arizona, 384 U.S. 436
(1966). Gov't Ex. 2 at 2. Lewis said he understood those
rights. Id. Lewis asked them to explain the charges
against him, which they did. Id. at 3-5. Law
enforcement said the first-degree assault charge alleged that
Lewis assaulted a police officer at the scene. Id.
at 4. The conversation went back and forth as Lewis
challenged the facts and basis for bringing assault or
attempted assault charges. Id. at 3-5.
certain points Lewis stated “I'm done talking,
” “I'm going, I'm going, I'm going,
” and “stop, stop.” That part of the
interview unfolded as follows:
Defendant: and you said it was first degree assault
[Gov't Ex. 1 at 7:11]
Defendant: now can you continue to explain because a
first-degree assault does not un happen with anybody with no
one hand behind his back.
Nelson: Depends on what's in that other hand, which is
where your problem is.
Defendant: And what was that?
Nelson: The gun that you had.
Defendant: Pfff all right yeah, we got, we definitely
(inaudible) what gun?
Defendant: What gun?
Nelson: All right, Defendant: What gun?
Villegas: The gun that the[y] found that came out of the pile
when you were wrestling with everybody.
Defendant: Mmm, so (inaudible) okay check, check ...