United States v. Felix

UNITED STATES OF AMERICA v. MARIO FELIX, Defendant.

Criminal Action No. 2020-0002

DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX

July 29, 2021

Attorneys:

Rhonda Williams-Henry, Esq.,

St. Croix, U.S.V.I.

For the United States

Kia Danielle Sears, Esq.,

St. Thomas, U.S.V.I.

For Defendant

MEMORANDUM OPINION

Lewis, District Judge

THIS MATTER comes before the Court on Defendant Mario Felix's ("Defendant") Motion to Suppress (Dkt. No. 9); the Government's Opposition thereto (Dkt. No. 14); the evidence and arguments presented at the suppression hearing; Defendant's Supplement (Dkt. No. 63); and the Government's Response thereto (Dkt. No. 64). For the following reasons, the Court will grant in part and deny in part Defendant's Motion to Suppress.

I. BACKGROUND

On January 21, 2020, the Government filed an Indictment against Defendant charging him with three counts. (Dkt. No. 1). Count I is Felon in Possession of a Firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2); Count II is Felon in Possession of Ammunition, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2); and Count III is Possession of Firearm in School Zone, in violation of 18 U.S.C. §§ 922(q)(2)(A) and 924(a)(1)(B).

On February 17, 2020, Defendant filed a motion seeking to suppress "[a]ll physical evidence and statements illegally taken or flowing from the illegal search and seizure of [Defendant] by law enforcement officers or other agents of the government." (Dkt. No. 9 at 1). During the subsequent suppression hearing, the Government presented the testimony of two witnesses: Officers Darrell Walcott ("Officer Walcott") and Michael Jules ("Officer Jules") of the Virgin Islands Police Department ("VIPD"). The following evidence emerged from the testimony of the two witnesses.¹

Early on November 13, 2019, Officer Walcott was with his partner in a marked police vehicle that was parked by Oscar Refrigeration and Furniture Center, facing Northside Road, in the La Grande Princess area. (H'rg Tr. at 5-8). They were in that area as part of the Virgin Islands Crime Initiative because, in months prior, the 911 emergency call center had been receiving numerous calls regarding gunshots in the area close to where they were parked. Id. at 6.

At approximately 3:00 a.m., Officer Walcott received reports of shots being fired as a crowd dispersed from the Starlight Nightclub. Id. at 7. Officer Walcott also heard multiple gunshots being discharged, and could hear the gunshots getting louder and louder. Id. at 8. He could also hear a vehicle accelerating and see a car traveling at a high rate of speed in the direction where he and his partner were located. Id. According to Officer Walcott, the car was going approximately 50-60 miles per hour in a 20-35 miles per hour zone. Id. at 90. Officer Walcott did not see any other car driving on the road. Id.

Over the radio, Officer Walcott inquired whether the other VIPD units in the area had heard the shots being discharged, and they answered in the affirmative. Id. at 8. Officer Walcott observed that the car driving towards him was a dark grey or silver Ford Focus with its windows down. Id. at 9. As the vehicle passed him, Officer Walcott could make out a silhouette of a male who appeared to have light skin. Id. Officer Walcott activated his emergency lights and siren and followed the vehicle, but the vehicle did not stop. Id. at 10.

Around this time, Officer Jules, who was also part of the Virgin Islands Crime Initiative, was parked at Five Corners. Id. at 94. He heard gunshots being fired, and heard them getting further and further away from where he was parked. Id. at 95. Then, Officer Jules received confirmation via radio that gunshots were being fired around Starlight Nightclub and learned that Officer Walcott had the suspected vehicle in sight. Id. at 96. Officer Jules began driving west on Northside Road to assist Officer Walcott. Id.

Once Officer Walcott caught up with the vehicle in the vicinity of Avis Rent a Car, the car made a right turn onto Princess Road towards Judith's Fancy. Id. at 10. Officer Walcott noticed that the car was going so fast that smoke came out from under its tire when it made the turn. Id. Officer Walcott was about three car lengths behind the suspected vehicle when it arrived at an intersection and ran over a stop sign, through a fence, and onto someone's personal property. Id. at 11. At this point, Officer Walcott had been pursuing the vehicle for approximately four minutes. Id. at 65.

Officer Walcott observed a male wearing a black baseball cap and holding a firearm exit the vehicle while it was still in motion. Id. at 12-13. Specifically, Officer Walcott could see the slide and the lower receiver of the firearm. Id. at 70. The individual ran around the vehicle towards the house on the property, and the car continued to move and eventually crashed into a tree. Id. at13. As the individual was making his way around the rear of the vehicle, Officer Walcott yelled: "Police, stop; drop the gun." Id. at 20, 69. However, the individual continued to run towards the back of the house on the property with the firearm in his hand. Id. at 20. Officer Walcott informed a person who had exited the house on the property that officers had everything under control, and then continued to pursue the individual by foot. Id. at 21. Officer Walcott eventually had to retreat and lost sight of the individual because of the presence of bees and a fence. Id. at 21, 74.

When Officer Jules and other supporting units arrived at the scene—via at least two more police vehicles—Officer Walcott instructed the officers where to go and they created a perimeter. Id. at 20, 74. Soon after, Officer Jules observed an individual sticking his head out from behind a vehicle on the adjacent property. Id. at 22, 97-98. Upon Officer Jules alerting the other officers of such and shouting: "Police, don't move," the individual took off running. Id. at 22, 99. The individual ended up at an old, wooden structure, where the officers yelled: "Let me see your hands. Let me see your hands. Down on the ground. Down on the ground." Id. at 24. Some officers—including Officer Walcott—had their guns drawn at this time. Id. at 83-84. There were 7-8 officers in the area. Id. at 83.

The individual got down on the ground with his hands up, and Officer Walcott asked: "Where's the firearm? Where's the firearm?" Id. at 24. As Officer Walcott asked this question, a different officer handcuffed the individual. Id. at 88. Officer Walcott testified that he asked this question because he was concerned for the safety of the officers and the safety of anyone else who might have been in the area. Id. at 25. The individual replied: "What firearm? I don't know what firearm you're talking about. I ran from you all because I'm on federal probation, and I have drugs on me." Id. at 24. At the hearing, Officer Walcott identified Defendant as the individual with whom he had this exchange, and as the same individual whom he had seen getting out of the vehicle. Id.

Officer Jules transported Defendant to the Wilbur H. Francis Command Center in Frederiksted. Id. at 104. At the station, Defendant was taken into an interview room, where officers advised him of his Miranda rights. Id. Defendant verbally represented that he understood his rights, and declined to sign the waiver of rights form. Id. at 105. Defendant refused to give a statement regarding the circumstances that brought him to the station, informing the officers that he did not wish to make a statement. Id. at 122. Then, Officer Jules asked Defendant whether he has, or ever had, a license to carry a firearm in the Virgin Islands, to which Defendant answered in the negative. Id. at 106. Officer Jules explained that, because Defendant refused to give a statement, he did not ask Defendant any more questions. Id. at 122. There was at least one other officer in the interview room. Id. at 107. At this time, Defendant was still handcuffed; the officers did not have their guns pointed at Defendant nor did they raise their voices at him; and Defendant seemed calm. Id. at 107-08.

After Defendant was apprehended, officers searched the perimeter. Id. at 101. A firearm was found in an area next to the wooden structure, over a fence, and in a bush. Id. at 27-28. Beside the firearm was a magazine and a black baseball cap. Id. at 30. Officer Walcott testified that the black baseball cap was the same one he had seen the individual who exited the car wearing. Id. When Officer Walcott searched the vicinity of the car that had crashed into the tree, he discovered a black firearm magazine with live rounds inside. Id. at 25. Inside the car, officers found one live round in the front passenger seat and another live round on the floor next to the brake. Id. at 31-32. Officer Walcott also searched Northside Road—where he had heard the shots being fired—and found approximately eighteen 5.7 spent shell casings. Id. at 34, 36.

II. APPLICABLE LEGAL PRINCIPLES

A. Seizure

The Fourth Amendment to the United States Constitution protects individuals from, inter alia, unreasonable seizures. U.S. Const. amend IV. A person is seized for Fourth Amendment purposes when either (1) "an officer applies physical force" to restrain the person's movement; or (2) the person "submits to an officer's show of authority." United States v. Hester, 910 F.3d 78, 84 (3d Cir. 2018) (quoting California v. Hodari D., 499 U.S. 621, 625 (1991)); see also United States v. Lowe, 791 F.3d 424, 430 (3d Cir. 2015) ("A seizure occurs when there is either (a) a laying on of hands or application of physical force to restrain movement, even when it is ultimately unsuccessful, or (b) submission to a show of authority.") (internal quotation marks and citation omitted).

"Generally, a seizure is reasonable only where it is justified by a warrant or probable cause." Couden v. Duffy, 446 F.3d 483, 494 (3d Cir. 2006) (citation omitted). Probable cause to arrest requires more than...