Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Gasaway

United States District Court, W.D. Kentucky, Louisville Division

November 6, 2019

UNITED STATES OF AMERICA Plaintiff
v.
SHAUNT GASAWAY Defendant

          MEMORANDUM OPINION AND ORDER

          REBECCA GRADY JENNINGS, DISTRICT JUDGE

         This matter is before the Court on Shaunt Gasaway's Motion in Limine [DE 49] and Motion to Suppress [DE 50]. The United States responded. [DE 52; DE 55]. This matter is ripe. For the reasons below, Gasaway's Motion in Limine [DE 49] will be DENIED AS MOOT and the Motion to Suppress [DE 50] will be GRANTED.

         I. BACKGROUND

         On October 10, 2018, Louisville Metro Police Department (“LMPD”) officers were dispatched to a reported shooting at the College Court Apartments in Louisville, Kentucky. [DE 31 at 88-89; DE Investigative Letter 24-2 at 67]. Officer Corniel and other officers rendered aid, secured the crime scene, and waited for homicide detectives to arrive. [DE 31 at 89; DE 24-2 at 67]. At the time, there was no shooter in custody. [DE 31 at 121-122]. While waiting for the homicide detectives to complete their investigation, several officers noticed a group of bystanders screaming and running away from a male suspect, later identified as Shaunt Gasaway (“Gasaway”). [DE 31 at 90; DE 24-2 at 67].

         Officer Corniel saw Gasaway approach the crime scene, holding a handgun and wearing plastic gloves. [DE 31 at 90, 101; DE 24-2 at 67]. Officer Corniel's partner yelled “gun, ” alerting the officers that an armed individual was approaching them. [DE 31 at 90]. Officers drew their guns, commanding Gasaway to stop and drop the handgun. [Id.; DE 24-2 at 67]. Ignoring the officers' orders, Gasaway crouched near a bush, stood upright, and then “bladed his body away . . . concealing his body or maybe concealing something in his hand.” [Id.; DE 24-2 at 67]. When Gasaway “raised back up, ” Officer Corniel could “no longer identify where” the handgun was located. [DE 31 at 96]. Unable to see the gun, Officer Corniel ran towards Gasaway. Id. Officer Corniel performed a “controlled takedown” and-because Gasaway “actively resisted” and refused to put his “hands behind his back”- dry stunned Gasaway with a taser. [DE 31 at 95-96].

         Officer Corniel and Officer Coleman escorted Gasaway to Officer Corniel's police cruiser. While walking to the cruiser, Officer Corniel told Gasaway: “After I get all your information and find out who you are, I'm going to read you your rights. And then after I read you your rights, I'm going to ask you a couple of questions and obviously you can choose to answer them or not, ok.” [Rotated CornielAfter take down to vehicle (hereafter, “Corniel 1”), 02:51-03:05]. Officer Coleman guarded Gasaway while Officer Corniel verified his information. [Colemanwalking def to and outside vehicle (hereafter “Coleman 1”), 01:50]. Gasaway sat on the hood of the cruiser, his hands handcuffed behind his back, a cigarette in his mouth. Id. at 01:40-01:48. When Officer Corniel walked away, Officer Coleman and Gasaway had the following conversation:

Corniel: We'll talk when I get back. (Corniel walks away).
Gasaway: Dude.
Coleman: You know what happened tonight?
Gasaway: Man, nah I don't know what happened tonight. I just know what . . .
Coleman: You say this one? (Adjusting Gasaway's handcuffs).
Gasaway: Yes. I just know what happened. I just know what happened to my orientation. What the fuck is this? I ain't ready say he . . . Dude pulled a gun out on me in the archway. Yes, sir.
Coleman: I'm going to lock it man, don't move.
Gasaway: Loosen up. I'm feeling threatened, ok? Simple as that . . .
Coleman: That's fine.
Gasaway: I know you ain't going to say . . . I actually did, man . . . I don't mean . . . you know, you all had to do what you had to do . . . put these extra charges on me . . . but, actually I did, man. Real talk, man.
Coleman: So what happened? I'm just curious.
Gasaway: I, I, I, bullshit . . . I don't know what happened with that incident . . .
Coleman: It didn't have nothing to do with your incident . . .
Gasaway: No, sir. I bullshit you not. It had nothing to do with my incident.
Coleman: I believe you.
Gasaway: Actually, I got a phone call…when somebody . . . a little friend of mine just left the house . . . he like was shit, you know . . . police is all out here . . . so I come out here.
Coleman: They told you we was out here? Why would you bring a gun out?
Gasaway: Huh.
Coleman: If they told you we was out here, why would you bring a gun?
Gasaway: I came out the first time . . . I came out the first time . . . when you all was putting him on the stretcher, taking him away.
Coleman: Ok.
Gasaway: And I go back in the house . . . so I come back out and my little girl like should we see what is going on . . . come back out . . . so as we going back in the house . . .

Id. 01:48-0:320

         Before Gasaway could finish his statement to Officer Coleman, Officer Corniel returned and read him his Miranda rights. [Corniel 1, 05:27-5:48]. Gasaway waived his Miranda rights and then ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.