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United States v. Lewis

United States District Court, D. Minnesota

December 7, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
KENNETH DAVON LEWIS, Defendant.

          Thomas Calhoun-Lopez, Assistant U.S. Attorney, U.S. Attorney's Office, for Plaintiff

          Kevin Riach, Esq., Fredrikson & Byron, for Defendant

          REPORT AND RECOMMENDATION

          DAVID T. SCHULTZ UNITED STATES MAGISTRATE JUDGE.

         INTRODUCTION

         Defendant 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.

         FINDINGS OF FACT

         On 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 statements.

         On 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.[1]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.

         At 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]
Nelson: yeah
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?
Nelson: (inaudible)
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 ...

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