DAVID T. ROBINSON, Appellant,
UNITED STATES, Appellee.
February 2, 2016
from the Superior Court of the District of Columbia Criminal
Division (CF2-20421-12) (Hon. Stuart G. Nash, Trial Judge)
S. Harawa, Public Defender Service, with whom James Klein and
Samia Fam, Public Defender Service, were on the brief, for
S. Smith, Assistant United States Attorney, with whom Vincent
H. Cohen, Jr., Acting United States Attorney at the time the
brief was filed, and Elizabeth Trosman, Suzanne Grealy Curt,
and Erik Kenerson, Assistant United States Attorneys, were on
the brief, for appellee.
BEFORE: Fisher and Blackburne-Rigsby, Associate Judges; and
Pryor, Senior Judge.
case came to be heard on the transcript of record and the
briefs filed, and was argued by counsel. On consideration
whereof, and as set forth in the opinion filed this date, it
is now hereby
and ADJUDGED that the case is remanded to the trial court
with instructions to allow appellant to withdraw his pleas,
if he elects to do so.
Fisher, Associate Judge:
entering conditional pleas of guilty to three charges
involving illegal possession of a pistol and ammunition,
appellant David Robinson now appeals the trial court's
ruling denying his motion to suppress statements. Robinson
argues that the statement he made on May 11-12, 2012, should
have been suppressed because he did not validly waive his
Miranda rights, see Miranda v. Arizona, 384
U.S. 436 (1966), and that the statement he made on November
27, 2012, should be suppressed because he was subjected to
custodial interrogation without being given Miranda
warnings. We agree that the May statement should be
suppressed, but decline to suppress the November statement.
January 3, 2012, Howard Sampler was shot and killed in the
District of Columbia. On May 11 of that year appellant David
Robinson was arrested for a violation of probation and taken
to the First District police station. Upon learning of
Robinson's arrest, Homicide Detective Anthony Patterson,
a thirty-eight-year veteran of the Metropolitan Police
Department, went to the First District interrogation room
where Robinson was detained and "told him that I was
investigating the murder of Howard Sampler and I believed
that he had some involvement." Detective Patterson also
told Robinson that "it might help him if he were to
talk, " but that Patterson would first "have to
advise [Robinson] of his rights." When Robinson
indicated he would like to talk, Detective Patterson took him
to an interrogation room on the Homicide Branch side of the
building for a taped interview.
they entered the Homicide Branch interrogation room,
Detective Patterson "may have" shown Robinson a
quote on "a printout" of a Facebook page that
seemed to indicate Robinson was guilty. Robinson told
Detective Patterson that he shot in self-defense.
they were in the interrogation room, Detective Patterson read
Robinson his Miranda rights from a PD-47 advice of
rights form and then added, "[n]ow, we don't provide
you a lawyer here." Robinson interjected "Yeah,
" and Patterson continued: "But if . . . we ask you
something and you don't want to talk about it you can say
look, I don't have anything to say about that.
Okay?" Detective Patterson next read Robinson the first
three questions on the PD-47. Robinson answered
"yes" to each question, both orally and by putting
a checkmark next to the corresponding "yes" on the
form. Patterson deliberately omitted reading the fourth
question, and Robinson did not respond to that question on
to the government's proffer of facts supporting the
guilty pleas, Robinson admitted to carrying a .40 caliber
pistol "from one location in the Kenilworth neighborhood
of Washington, D.C., to the 1500 block of 45th
Street NE, Washington, D.C." and, after an altercation
with Howard Sampler at that location, to firing the pistol
"multiple times." Robinson claimed that he acted in
the time he spoke to Detective Patterson in May until late
November, Robinson remained incarcerated for violating his
probation. On November 27, 2012, a "couple days"
after Robinson had been released, Detective Patterson both
called Robinson and went to his mother's house (where
Robinson was baby-sitting his two-year-old daughter) to tell
him that they needed to speak. When Robinson did not come to
the police station, ...