United States District Court, W.D. Missouri, Western Division
REPORT AND RECOMMENDATION TO DENY DEFENDANT'S
MOTION TO DISMISS
E. LARSEN United States Magistrate Judge
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
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.
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).
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
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
a hearing on November 7, 2016. The United States was
represented by Assistant United States Attorney Mike Green.
Defendant was present acting pro se.
following witnesses testified:
1. Officer Kenneth Lightner, Kansas City, Missouri, Police
2. Detective Eric DeValkenaere
3. Defendant Darrell Givens
following exhibits were admitted into evidence:
P. Ex. 1 Dash camera video
P. Ex. 2 Video of interview between defendant and Detective
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 ...