United States v. Gayles

1

United States of America, v. Justin Gayles Defendant.

No. 1:23-po-0623

United States District Court, E.D. Virginia, Alexandria Division

May 9, 2024

MEMORANDUM OPINION

Lindsey Robinson Vaala United States Magistrate Judge

Defendant Justin Gayles (“Gayles”) is charged with (1) impermissibly driving in a closed road lane in violation of 36 C.F.R. § 1.5(f), (2) operating a vehicle under the influence of alcohol, or a drug, or drugs, or any combination thereof in violation of 36 C.F.R. § 4.23(a)(1), and (3) refusal to submit to a test to determine blood alcohol content in violation of 36 C.F.R. § 4.23(c)(2). A bench trial was held on April 24, 2024, after which the Court took the matter under advisement.

The Court has carefully considered the evidence adduced at trial and finds that the Government has met its burden on all three counts. For the reasons that follow, the Court finds Defendant Gayles GUILTY of violating 36 C.F.R. § 1.5(f), 36 C.F.R. § 4.23(a)(2), and 36 C.F.R. § 4.23(c)(2).

I. EVIDENCE ADDUCED AT TRIAL

The incident at issue occurred late in the evening of April 22 2023, on a section of the George Washington Memorial Parkway (“GW Parkway”), a four-lane highway located within the Eastern District of Virginia. The GW Parkway runs north to south, from Great Falls, Virginia to Mount Vernon and is within the jurisdiction of the National Park Service. (Gov Ex. 2C.) The two lanes of traffic in each direction are separated by a substantial median, most of which is covered in grass and has trees, bushes, and other plants. A scenic roadway with multiple designated overlooks, the GW Parkway is listed on the National Register of Historic Places. (Gov. Ex. 2C.) The portion of the Parkway at issue runs through Turkey Run Park and is wooded. (Gov. Ex. 1B; Tr. 17:7-10.)

As of August 2022, a nearly eight mile stretch of the GW Parkway has been undergoing a significant rehabilitation project. (See Gov. Exs. 2A, 2B, 2C.) At various times, the rehabilitation has included closure of all lanes of traffic in one direction, with traffic re-routed from the closed lanes to the other side of the Parkway. To accommodate the traffic pattern changes, sections of the Parkway have been temporarily widened so that two lanes of traffic could be changed to three (narrow) lanes. This allows traffic officials to authorize use of three lanes of travel when necessary during peak times, such as rush hour. (In the morning, two lanes go towards DC with a single lane going away from DC and during the evening rush hour period, this arrangement is reversed.) During non-rush hour times, the third lane is closed to traffic. (Gov. Exs. 2A & 2B.) Pertinent to the matter at hand is a section of the Parkway just a mile or two south of the exit from Interstate 495. (See Tr. 16:4-17:19.) This portion of the Parkway was in the rehabilitation construction zone on April 22, 2023. (See Tr. 43:4-43:22; Gov. Exs. 2A & 2B.)

The series of events that led to the three charges against Defendant occurred late in the evening on April 22, 2023. Karen Lee, an eyewitness who testified at trial, was returning home with a friend after attending a concert. (Tr. 15:21-25.) Ms. Lee drove on the GW Parkway to and from the concert. On her drive home, she exited Interstate 495 onto the GW Parkway, driving southbound. On the side of the Parkway on which Ms. Lee was traveling, only two lanes were open at the time- one lane for southbound traffic and the other for northbound traffic.^[1]Ms. Lee testified that she was able to discern which portion of the GW Parkway was closed because the closed lanes were blocked with barrels and other barriers. (Tr. 16:22-17:3.) She also testified that, in the section of the Parkway that was open to traffic, her lane-the southbound lane-was clearly delineated from the northbound lane by traffic barrels. (Tr. 17:18-19.)

About a mile and a half after she exited Interstate 495 onto the GW Parkway, Ms. Lee came upon a car that was stopped ahead of her in her lane. Because the lane in which she was traveling was the only open southbound lane, Ms. Lee had to stop behind the car that was blocking her lane. She testified that a man was outside of the stopped vehicle. After she came to a stop, Ms. Lee rolled down her window and asked the man standing outside if he needed help. The man responded to Ms. Lee with obscenities. (Tr. 17:24-18:6.) He then began moving the traffic barrels that were delineating the traffic lane. (Tr. 18:19-19:12.) At this point, Ms. Lee called 9-1-1 “because it wasn't a safe situation.” (Tr. 20:11.) Ms. Lee's conversation with the 9-1-1 operator was recorded and the recording was admitted into evidence without objection. (Gov. Ex. 3.)

During the trial, Ms. Lee was not asked to identify Defendant; however, the Court finds that the evidence establishes beyond a reasonable doubt that the individual Ms. Lee observed is the Defendant, Justin Gayles. As discussed above, Ms. Lee testified that she called 9-1-1 after the man she observed outside of the stopped car responded with obscenities when she offered assistance and began moving traffic barrels. In her call with 9-1-1, Ms. Lee reported that the stopped vehicle was either “white or pale gray” with a temporary license plate that began with T and that the man was wearing light-colored shorts and sweatshirt. (Gov. Ex. 3.) She stayed on the phone with the 9-1-1 operator until law enforcement arrived. Shortly before law enforcement officers arrived at Ms. Lee's location, the man got into his car and drove away. (Gov. Ex. 3; Tr. 20:6-18.) As discussed below, Defendant Gayles was apprehended moments later after driving head-on towards a law enforcement vehicle, crossing the median of the GW Parkway, entering the closed section of the Parkway, and stopping his car in front of a “Do Not Enter” sign. Evidence admitted at trial establishes that Gayles's vehicle matches the description of the vehicle Ms. Lee gave to the 9-1-1 dispatcher (Def. Ex. 1, at 5:25-5:38), he was wearing clothing consistent with the description Ms. Lee gave to the 9-1-1 dispatcher (see, e.g., Def. Ex. 4, at 00:55, 1:44-2:00), and he was driving a vehicle with a temporary Maryland license plate bearing number T1032298. (Def. Ex. 1, at 5:05-6:15.) The temporary tag, which had expired in 2022, was registered to Justin Gayles. (Def. Ex. 1, at 5:40-6:15.) Accordingly, the Court finds that the evidence presented establishes that Defendant Gayles is the individual Ms. Lee observed on the evening of April 22, 2023.

While on the phone with 9-1-1, Ms. Lee narrated her observations of Defendant's behavior and actions. (Gov. Ex. 3.) She identified herself and gave her location as stopped on the GW Parkway headed southbound and just past the exit onto the Parkway from Interstate 495. She reported that a car was stopped and blocking the lane and that a man who “does not look dangerous” but also “does not look OK” was moving traffic barrels, including onto her car. (Gov. Ex. 3.) Ms. Lee testified at trial-and reported during the 9-1-1 call-that Defendant picked up a barrel from the line of barrels demarcating the various lanes of traffic from one another and set the barrel down in front of her car; he placed another barrel on the hood of her car. (Tr. 18:21-19:3.) In addition to his vehicle blocking all traffic in her lane (the southbound lane), Defendant also disrupted traffic in the adjacent northbound lane. Defendant did so by moving barrels that were the northbound lane. He also moved himself into the northbound lane of traffic, eventually lying down in traffic forcing vehicles traveling in that lane to try to maneuver around him and the barrels he had re-positioned into the northbound lane. (Tr. 19:6-12.) Ms. Lee further recalled that Defendant seemed preoccupied, appeared to be talking to himself, and did not seem particularly aware of the situation around him.

During her testimony, Ms. Lee recalled some general details about Defendant's clothes, including that they were “lightweight” and “pale” in color. (Tr. 19:15-16.) She specifically recalled that when she first pulled up behind his car, Defendant was wearing orange crocs and he lost one of those shoes during the process of laying down in the northbound lane. (Tr. 19:18-20.) At some point, he put on sunglasses even though it was 11:00 p.m. and the road was dark. (Gov. Ex. 3.) After moving barrels and laying in the road, Defendant returned to his car, got in, and drove away. Ms. Lee recalled that Defendant drove south and was going a normal speed “for taking off from a stop.” (Tr. 20:4-5.) After Defendant drove away, Ms. Lee informed the 9-1-1 dispatcher that she could see the police cars coming, and that the police officers appeared to be coming towards her and in the opposite direction of Defendant. Ms. Lee then reported that Defendant and the officers were passing one another going in opposite directions. (Gov. Ex. 3.) At trial, Ms. Lee testified that, in her opinion, it seemed that Defendant might be off a medication, high, or drunk. (Tr. 22:17-20.)

Sergeant Alice Wilson, a 24-year veteran of the United States Park Police, testified that on April 22, 2023, at around 11:00 p.m., she responded to 9-1-1 calls about a vehicle stopped in the GW Parkway and a man in the road moving barrels. (Tr 38:15-39:22.) Sergeant Wilson approached the scene in her patrol vehicle driving northbound on the GW Parkway, at which point she saw headlights coming towards her. (Tr. 39:20-40:1.) Sergeant Wilson recalled that the lane in which she was traveling was, at that time of night, closed to all traffic except emergency vehicles and that the car coming towards her was driving in a closed lane. (Tr. 43:7-25.) Sergeant Wilson activated her vehicle's emergency lights to make her vehicle as...