United States District Court, N.D. West Virginia
REPORT AND RECOMMENDATION.
E. SEIBERT U.S. MAGISTRATE JUDGE.
Defendant is a convicted felon and therefore prohibited from
possessing a firearm. On June 6, 2017, the Grand Jury
indicted him for one count of unlawful possession of a
firearm as well as a forfeiture allegation.
Defendant filed a motion to suppress evidence. The Court held
a hearing regarding these motions on September 5, 2017. The
Defendant appeared in person and by his counsel Robert
McCoid, Esq. The Government appeared through its counsel
Stephen L. Vogrin, Esq.
below listed reasons, The Court is not persuaded by
Defendant's motion and recommends that it be denied.
FINDINGS OF FACT
April 4, 2017, police got a call about a shoplifting incident
in which a young woman had stolen a bottle of liquor from a
gas station. Police made contact with a woman sitting across
the street from the gas station drinking liquor from a
bottle. The woman originally claimed to be twenty-one years
of age, but police discovered soon after that she was
actually twenty. After initially denying having stolen the
bottle, the woman admitted to having stolen the liquor and
being arrested, the woman told officers about an incident in
which she alleged she had been strangled in a local hotel
room by a man she called “Cory, ” who she
described as being 6'5” with dreadlocks. She stated
that she had been staying in a hotel room with Cory since
April 1, 2017, and that they had been involved in a sexual
woman claimed that the Defendant got back to the hotel room
after being at work, and was angry with her for having
another man in the room while he was gone, which she admitted
to police was true. She said she was lying in bed, when the
Defendant grabbed her from the bed, choked her, and put a gun
in her face. The woman says the Defendant then demanded she
leave. She described the gun as being a black handgun, and
the type you have to “pull back” to load.
detective observed that the woman had scratches on her neck
and chest. The detective also observed that the woman's
hand was swollen, but the woman claimed that the swollen hand
was from an unrelated incident.
police then went to the hotel to make contact with the
Defendant. Upon arrival, the hotel manager asked if they were
there about the incident involving a young woman and a man
named Cory who was staying at the hotel. The officer
confirmed they were, and the hotel manager stated that the
Defendant was staying in room 401.
Defendant confirmed the relationship, and admitted that he
had been upset after being told by the hotel manager that the
woman had brought a man to the room when he was at work.
Defendant also claimed to have found used condoms or condom
wrappers in the bed.
denied a physical altercation or pointing a gun at the woman.
Defendant claimed that he confronted her about having another
man in the room and asked her to leave, but that it never
escalated to physical violence. Defendant stated that the
woman had injured her hand by repeatedly striking the window
in anger after he asked her to leave. Defendant claimed upon
him demanding she leave, she demanded he give her money.
Defendant stated that he gave her ten dollars, and she left.
asked the Defendant if he would consent to a search of his
hotel room, but the Defendant refused. Defendant was then