United States District Court, W.D. Kentucky, Louisville Division
MEMORANDUM OPINION AND ORDER
REBECCA GRADY JENNINGS, DISTRICT JUDGE
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.
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
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].
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
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
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
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.
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 . . .
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 ...