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United States v. Givens

United States District Court, W.D. Missouri, Western Division

November 18, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
DARRELL L. GIVENS, Defendant.

          REPORT AND RECOMMENDATION TO DENY DEFENDANT'S MOTION TO DISMISS

          ROBERT E. LARSEN United States Magistrate Judge

         Before the court is defendant's motion to dismiss the indictment (document number 43) on the “grounds of false or perjured testimony before the grand jury and government misconduct.”

         I. BACKGROUND

         On March 31, 2016, Officers Garrett Lynch and Kenneth Lightner were sent to 4055 Oakley Avenue to investigate a disturbance. As they were walking toward the house, they heard screams coming from inside and a woman yelled, “He's trying to hide his gun! He's trying to hide his gun in the sink!” Officer Lightner was entering the house, heard the sound of a solid metal object hit another metal object, saw defendant coming from the kitchen, and found a loaded handgun in the sink under a bowl. Defendant was arrested for being a felon in possession of a firearm. After he waived his Miranda rights, defendant made incriminating statements during an interview with Detective DeValkenaere.

         An indictment was returned on April 20, 2016, charging possession of PCP with intent to distribute, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a convicted felon, with the enhanced penalty provision of 18 U.S.C. § 924(e).

         On September 28, 2016, defendant's request to proceed pro se was granted. He filed multiple pretrial motions including the instant motion to dismiss. Defendant argues, among other things, that Detective DeValkenaere made a false statement to the grand jury and as a result the indictment should be dismissed.

         On October 24, 2016, the government filed a response in opposition to defendant's motion (document number 50), arguing that there is no substantive discrepancy in Detective DeValkenaere's.

         I held a hearing on November 7, 2016. The United States was represented by Assistant United States Attorney Mike Green. Defendant was present acting pro se.

         The following witnesses testified:

1. Officer Kenneth Lightner, Kansas City, Missouri, Police Department
2. Detective Eric DeValkenaere
3. Defendant Darrell Givens

         The following exhibits were admitted into evidence:

P. Ex. 1 Dash camera video
P. Ex. 2 Video of interview between defendant and Detective DeValkenaere
P. Ex. 3 Miranda waiver form signed by defendant
P. Ex. 4 Photo of living room and dining room of residence
P. Ex. 5 Photo of handgun found in the sink and the cash and PCP found on ...

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