United States v. Egipciaco

Citations: 389 F. Supp. 2d 520; 2005 U.S. Dist. LEXIS 22244; 2005 WL 2401857Docket: 05 CR. 202(JGK)

Court: District Court, S.D. New York; September 29, 2005; Federal District Court

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Defendant Leo Williamson seeks to suppress statements made post-arrest, claiming they resulted from coercion. He alleges that Officer Armando Rodriguez violently arrested him, punched him twice, and was present during his signing of the Miranda waiver. Williamson contends he signed the waiver under duress, believing he would face a lengthy prison sentence unless he cooperated, as he was informed that co-defendant Daniel Egipciaco had implicated him.

Williamson was arrested on February 3, 2005, around 8:30 p.m. while in a BMW at a McDonald's parking lot, part of a robbery sting operation conducted by New York City police and DEA agents. The operation stemmed from intelligence indicating a firearm was in the car. Officers blocked the BMW with a Ford Expedition, drawing their weapons as they approached. While the driver allegedly attempted to ram the Expedition to escape, Williamson denies any contact occurred. However, photographic evidence shows damage to the BMW consistent with a collision, contradicting Williamson's account.

Detective Rodriguez testified that he ordered Williamson to raise his hands but he did not comply. Rodriguez claims his only physical contact with Williamson was to pin his arms while searching for weapons. After pulling Williamson from the car, officers handcuffed him on the ground before assisting him to his feet. Williamson's version of events is deemed not credible, and it is noted that he has a prior history of arrests. The court is tasked with assessing the credibility of the testimonies regarding the arrest and the conditions surrounding the signing of the Miranda waiver.

Williamson testified that while he and Egipciaco were at McDonald's, their vehicle was surrounded by five or six cars, and armed individuals, later identified as police officers, ordered them to "freeze." Williamson raised his hands and asked for clarification but was allegedly punched in the face twice by Detective Rodriguez, who also unfastened his seatbelt and removed him from the car. In contrast, Williamson's affidavit claimed he was instructed to exit the vehicle and lie on the ground rather than being dragged. He testified that he witnessed Egipciaco being similarly assaulted, although this claim was not included in his affidavit and lacks supporting evidence. Detective Mercurio, who arrested Egipciaco, did not observe any punches being thrown.

While on the ground, Williamson reported being kicked and handcuffed, and he was pulled up by his cuffs, to which he protested. Police denied the use of force in this manner, with Mercurio asserting that such an action could cause injury. A photo taken post-arrest showed Williamson with a swollen lip.

After the arrest at approximately 8:30 p.m., Williamson was taken to the DEA office for processing without being handcuffed and was provided water. During the interrogation around 9:30 p.m., Detective Eugene and Special Agent Mercurio informed him he was facing serious charges, which distressed him. Williamson claimed Mercurio suggested that Egipciaco had implicated him, and the interrogation lasted about two hours. Although not mentioned in his affidavit, Williamson alleged that he requested medical attention and was struck in the head during questioning. He felt threatened by Rodriguez's presence in the room but confronted him about the earlier assault. The officers involved denied any physical abuse during the interrogation, stating Rodriguez had only briefly entered the room to deliver paperwork. Both Eugene and Mercurio noted Williamson's swollen lip but could not recall him asking for medical help.

Mercurio testified that he inquired about Williamson's well-being, to which Williamson responded that he was "fine." A Miranda form was read to and signed by Williamson, Eugene, and Mercurio at 9:51 p.m., following a discussion between Eugene and Mercurio about Williamson's charges and the advantages of cooperation. Eugene detailed the federal sentencing guidelines for the charges against Williamson, including minimums of ten years for conspiracy to distribute narcotics, five years for firearms violations, and up to 20 years for Hobbs Act robbery. He explained that cooperation could potentially result in a reduced sentence through a 5K letter from the government. Eugene denied telling Williamson he would face 25 years in prison or that he could go home immediately after providing information.

The document references the importance of Miranda warnings in protecting a defendant's Fifth Amendment rights, affirming that the government must prove a suspect waived these rights and that any confession was voluntary. A confession may be deemed involuntary if obtained under coercive circumstances, with courts considering various factors such as the accused's characteristics, interrogation conditions, and law enforcement conduct. 

In assessing the voluntariness of Williamson's statement, the Court noted Williamson's articulate demeanor, fluency in English, and his lack of indicators of below-average intelligence. At 29 years old and employed as a dance instructor, Williamson had prior arrest experience, suggesting familiarity with police interactions. Additionally, the circumstances of his arrest, while demonstrating a significant show of force, were justified due to the presence of a weapon and did not adversely affect the interrogation conditions.

The defendants' use of force is supported by evidence that their BMW collided with a police vehicle during an escape attempt. Williamson's claim that the BMW did not hit the Expedition lacks credibility and is contradicted by photographic damage evidence and officer testimony. Although Williamson sustained a swollen lip during his arrest, his credibility is diminished compared to Rodriguez, whose account is deemed more reliable. The nature of Williamson's injuries is likely attributed to the forceful restraint and search for weapons, rather than excessive police violence. The interrogation conditions were not coercive: Williamson was seated without handcuffs in a room with unarmed officers, received water, and the questioning lasted about two hours. Allegations of denied medical attention and being struck during interrogation are not credible, as they are absent from his affidavit and contradicted by officer testimony. Furthermore, claims of police misrepresentations regarding sentencing do not automatically render a confession involuntary; instead, such statements are one factor among many. Evidence does not support that the officers made materially false statements to Williamson regarding the consequences of his cooperation. Testimonies from officers Eugene and Mercurio are considered more credible than Williamson's assertions.

Williamson was not promised specific time off for cooperating with authorities, but was informed about mandatory minimum sentences for two offenses and potential sentences for a third. Officers Mercurio and Eugene discussed the benefits of cooperation, emphasizing that cooperation was necessary to potentially reduce Williamson’s sentence below the minimum guidelines if he lost at trial. Eugene's assertion that cooperation was essential for a lesser sentence was accurate, as Williamson did not qualify for the safety valve under 18 U.S.C. 3553(f). The mention of a 5K letter from Mercurio indicated a possibility of a reduced sentence, not a guarantee.

The court differentiated this case from others where coercion was found, such as in United States v. Duvall and Anderson, noting that the officers’ statements were framed appropriately and did not constitute coercive threats. Williamson understood that a twenty-five year sentence was a possibility rather than a certainty without cooperation. The Second Circuit has consistently held that discussing potential sentences and cooperation benefits does not render an encounter coercive.

Despite Williamson's claims of receiving improper inducements, the court found these allegations not credible, as they contradicted the more reliable accounts from Mercurio and Eugene. Williamson signed a Miranda waiver stating no promises or threats had been made. The court concluded that a confession is not involuntary merely because a suspect was promised leniency, and that Williamson's non-credible allegations did not demonstrate improper promises that could overwhelm his will. After evaluating the totality of the circumstances, the court determined that the government proved by a preponderance of the evidence that Williamson voluntarily waived his Miranda rights, and his post-arrest statements were voluntary, leading to a denial of the motion to suppress.