United States v. Giambro

1

UNITED STATES OF AMERICA v. DARIO GIAMBRO, Defendant.

No. 2:22-cr-00044-GZS

United States District Court, D. Maine

April 27, 2023

ORDER ON MOTION TO SUPPRESS

GEORGE Z. SINGAL, UNITED STATES DISTRICT JUDGE

Before the Court is Defendant Dario Giambro's Motion to Suppress (ECF No. 65). On March 28, 2023, the Court held an evidentiary hearing on the Motion. Having considered the Motion, related filings (ECF Nos. 88, 91-1 - 91-4, 96, 111 - 12),^[1] and the evidence presented, the Court DENIES the Motion for the reasons stated herein.

I. FACTUAL FINDINGS^[2]

As approximately 11:12 a.m. on January 26, 2022, the Oxford County Regional Communication Centers Dispatch (“Dispatch”) received a call from an employee at the Stephens Memorial Hospital (the “Hospital”) in Norway, Maine. The employee requested that an officer be dispatched to the Hospital, reporting that an individual had brought his father there “because he [was] confused” and “his mother [was] at the house deceased . . . and . . . they [did not] know what happened to the mother.” (Gov. Ex. 1 at 00:56-01:21; see Gov. Ex. 1A.) The son was identified as Antonio Giambro (“Antonio”) and the father as Dario Giambro (“Dario” or “Defendant”). Dispatch relayed this information to Corporal Robert Federico (“Cpl. Federico”), an officer from the Norway Police Department. While en route to the Hospital, Cpl. Federico determined that there were two Maine addresses on record for Dario, one in Hebron and another in Paris. Cpl. Federico also looked up Dario's “names file,” a computerized record that allows local law enforcement to enter and view comments about an individual. The file contained comments from 2008 and 2010 noting that Dario: was “very” anti-law enforcement; had previously shot a subject, created a police standoff, and possessed more than 100 firearms; and was on federal probation under the supervision of a probation officer who thought that Dario could be a “problem” with law enforcement officers and was armed.^[3]

Cpl. Federico arrived at the Hospital at approximately 11:21 a.m and spoke with Antonio in the lobby of the emergency department while Dario sat in Antonio's car outside. During his conversation with Cpl. Federico, Antonio expressed concern about Dario's physical and mental health several times.^[4] Antonio also relayed the following information to Cpl. Federico:

He had recently returned from vacation and, the night prior, had gone to plow the snow outside the residence of his parents, Dario and Arline Giambro (“Arline”), in Hebron (“the residence”). However, he was unable to make contact with either of them despite knocking on the front door of the residence and calling throughout the evening. It was not until the following morning, January 26, that Dario answered the phone. Because Dario sounded “off” during that phone conversation, Antonio again traveled to his parents' residence. Once there, Antonio did not see his mother (and Dario's wife), Arline, but spoke with Dario. Dario commented that Arline had died while Antonio had been away on vacation. When Antonio attempted to inquire as to what specifically happened to Arline, Dario would offer only cryptic or evasive answers to the effect of “she didn't wake up” and “these sort of things happen.” Antonio asked whether any ambulance or police had been by the house, and Dario responded that they had not. He also asked where Arline's body was, and Dario responded that she was not in the house and that they lived “on a homestead.” Antonio told his father that he would take him to lunch but instead brought him to Hospital.^[5]

(Transcript of Cpl. Federico Testimony (ECF No. 119), PageID #s 557-61.)

At approximately 11:26 a.m., Cpl. Federico informed Dispatch that the residence at issue was in Hebron and that “the father is telling the son that the mother died but she's not in the house and he won't say where she is.” (Gov. Ex. 4 at 00:37-00:52; see Gov. Ex. 4A.) He suggested that a deputy from the Oxford County Sheriff's Office - which has jurisdiction over Hebron - be dispatched to the Hospital. At approximately 11:31 a.m., Cpl. Federico called Dispatch again and suggested that “Oxford [] may want to let the [responding] deputy know that [Dario] has multiple comments in his names file.”^[6] (Gov. Ex. 5 at 00:19-00:24; see Gov. Ex. 5A.) He subsequently spoke with Deputy Brandon Tiner from the Oxford County Sheriff's Office to share the information that Antonio had reported and discuss the comments in Dario's names file. Cpl. Federico did not speak with Dario while at the Hospital other than at one brief point in which he attempted to convince Dario to stay when he exited Antonio's vehicle and tried to leave.

Around this time, four officers responded to the residence to check the status of Arline, arriving between approximately 11:46 and 11:54 a.m.: Sergeant Daniel Hanson (“Sgt. Hanson”) of the Maine State Police^[7] and Deputy Tiner, Deputy Brandon Pelton, and Lieutenant Chancey Libby (“Lt. Libby”)^[8] of the Oxford County Sheriff's Office. One of the officers knocked on the door of the residence, and Lt. Libby and Sgt. Hanson walked around the back of the residence to look for any tracks in the snow but did not find any.^[9] The officers attempted to look in several windows, but there was plastic and/or blinds obscuring their view. They also looked in the windows of the garage located by the residence but did not see anyone. Lt. Libby then loudly banged on the front door, yelled “Sheriff's Office,” and repeatedly instructed anyone inside to answer the door. The officers also verified with Dispatch that there had not been any recent medical calls or requests for assistance at the residence. After these efforts proved unsuccessful in rousing anyone from the residence, Lt. Libby asked Sgt. Hanson whether the officers would be entering the residence, and Sgt. Hanson responded affirmatively. At some point before entering the residence, the officers communicated with Maine State Police Trooper Adam Fillebrown (“Tpr. Fillebrown”).^[10] The officers did not seek permission from Dario to enter and search the residence.^[11] Nor did they dispatch any ambulance or EMT to the residence. At approximately 11:57 a.m., the officers forced the door open and entered the residence while Tpr. Fillebrown was en route to the Hospital.^[12] Upon entry, the officers announced their presence, called out Arline's name, and asked if anyone was present. They walked through the various rooms - one of which was locked and had to be forced open - but did not locate Arline. During their search, they observed several firearms throughout the residence. (See Gov. Ex. 12.)^[13] The officers exited the residence at approximately 12:05 p.m.

A few minutes prior to their exit, Tpr. Fillebrown had arrived at the Hospital. He briefly spoke with Cpl. Federico and Antonio but did not speak with Dario.^[14] At Tpr. Fillebrown's request, Antonio drove Dario to the Oxford Police Department.^[15] Maine State Police Detectives Ethel Ross and Marcus Reny met with Antonio there.^[16]

Back at the residence, at Tpr. Fillebrown's direction, the officers directed their attention to the garage on the property. While attempting to locate an item to help clear out debris in front of the garage door, Sgt. Hanson stepped on top of a snowbank and noticed old tracks in the snow on the other side of the snowbank. He followed the tracks and discovered, at approximately 12:50 p.m., an unhinged door on top of the snow, under which was a body-sized object wrapped in cloth and plastic. The object was later identified as Arline's body.^[17]

Shortly after this discovery, Lt. Libby left for the Oxford County Sheriff's Office to run a criminal background check on Dario. The remaining officers remained on scene to wait for Maine State Police detectives. A criminal history check of Dario revealed a prior conviction for possession of an unregistered firearm, which prohibits him from possessing any firearms. Maine State Police subsequently sought a state warrant for any and all firearms at Dario's residence. Detective Reny's affidavit in support of the warrant recited the observations made by the officers who entered Dario's residence. (See generally Gov. Ex. 17.) After a warrant was issued, Maine State Police seized numerous firearms and a large amount of ammunition from Dario's residence.

II. DISCUSSION

In April 2022, a federal grand jury charged Defendant Dario Giambro with one count of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a), based on his possession of sixteen firearms on or about January 26, 2022. (ECF No. 3, PageID # 2.) As noted in the Indictment, Defendant had previously been convicted of the felony of possessing an unregistered firearm in violation of 26 U.S.C. §§ 5861(d), 5841, 5845(a), 5845(e), and 5871. (Id.)

Defendant subsequently filed the present Motion to suppress all evidence obtained from the officers' entry into his home on January 26, 2022, and evidence “seized under a search warrant issued based on what the officers found during the [] entry.” (Def. Mot. (ECF No. 65), PageID # 179.) In that Motion, he asserts that the officers' entry into his home was illegal because “[t]here were no exigent circumstances,” and the officers did not “have any reason to believe that such circumstances existed.” (Id., PageID # 177.)^[18] The Government, in turn, maintains that “[t]he emergency-aid exception justified the warrantless entry into [D]efendant's home.” (Gov. Resp. (ECF No. 88), PageID # 341.)

The Court begins with the basic premise that “warrants are generally required to search a person's home . . . unless the exigencies of the situation make the needs of law enforcement so compelling that the warrantless search is...