FLOYD K. LONG & ALONZO J. FERRELL, Appellants,
UNITED STATES, Appellee.
January 18, 2017
Appeal from the Superior Court of the District of Columbia
Criminal Division CF3-21886-12 & CF3-21887-12
from the Superior Court of the District of Columbia
(CF3-21886-12 and CF3-21887-12) Hon. John McCabe, Trial Judge
E. Allen for appellant Floyd K. Long. Thomas D. Engle, with
whom Sharon L. Burka was on the brief, for appellant Alonzo
J. Lenerz, Assistant United States Attorney, with whom
Channing D. Phillips, United States Attorney, and Elizabeth
Trosman, Chrisellen R. Kolb, and Demian Ahn, Assistant United
States Attorneys, were on the brief, for appellee.
BEFORE: Beckwith and McLeese, Associate Judges, and Kravitz,
Associate Judge, Superior Court of the District of Columbia.
case came to be heard on the transcripts of record, the
briefs filed, and was argued by counsel. On consideration
whereof, and for the reasons set forth in the opinion filed
this date, it is now hereby
and ADJUDGED that for the foregoing reasons, the case is
remanded to the Superior Court for the limited purposes of
(1) vacating appellants' convictions for felony receiving
stolen property and entering, in their place, convictions for
misdemeanor receiving stolen property, with resentencing as
appropriate; and (2) vacating Mr. Long's merged
conviction for reckless driving, The judgments of the
Superior Court are otherwise affirmed.
Kravitz, Associate Judge
Superior Court jury found appellants Floyd K. Long and Alonzo
J. Ferrell guilty of conspiracy, armed robbery, and other
offenses arising from a series of street robberies committed
by masked gunmen operating out of a stolen Dodge Intrepid
late on Christmas Eve 2012. Appellants argue that the trial
judge erred by failing to suppress a show-up identification
of Mr. Long made by one of the robbery victims and by
allowing the government to prove appellants' familial
relationships with a third man identified as a potential
match for DNA found inside the Intrepid. Appellants also
challenge the sufficiency of the evidence supporting their
convictions for unauthorized use of a motor vehicle and
felony receiving stolen property.
conclude that the evidence of the value of the Intrepid was
insufficient to sustain appellants' convictions for
felony receiving stolen property, and we will remand for the
entry of convictions on the lesser-included offense of
misdemeanor receiving stolen property. We otherwise find no
Factual and Procedural Background
Richards drove home from a Christmas Eve party late at night
on December 24, 2012. He parked his car in front of his house
in the 200 block of Hamilton Street, N.W. at approximately
11:15 p.m. and gathered his belongings to go inside.
he made it into his house, however, Mr. Richards realized he
had left his iPad in his car, and he went back to retrieve
it. As he reached into his car, he noticed a tan, four-door
sedan pull up. Two men got out of the sedan. One had a ski
mask covering his face and a .38 caliber revolver in his left
hand. The man pointed the revolver at Mr. Richards and said,
"[G]ive it up, you know what time it is." Mr.
Richards raised his hands. The other man then searched Mr.
Richards from behind, taking his wallet, keys, and iPhone,
while the man with the revolver took the iPad. Mr. Richards
asked the men to leave his keys and wallet, and they did,
after ensuring there was no money in the wallet. The men kept
the iPhone and iPad, however, and took them back to the
sedan, which immediately drove off.
to call the police without a cell phone, Mr. Richards got in
his car and drove around looking for a police officer. He
found one a few blocks away and reported the robbery,
describing the robbers' vehicle as a tan, four-door
sedan, possibly an Intrepid. The officer broadcast a lookout
for the car over the police radio.
approximately 11:30 p.m., Kurt Becker parked his car in the
100 block of Webster Street, N.E., where he planned to attend
a Christmas Eve party at a friend's apartment. As soon as
he turned off his ignition, Mr. Becker noticed three men run
in front of his car. One was holding a pistol with a long
black barrel; another had a shiny silver semi-automatic
pistol with a short barrel. Mr. Becker looked away, hoping to
avoid a confrontation.
seconds, however, Mr. Becker heard a metallic tapping on his
car window. He turned and saw the man with the long-barreled
pistol pointing the weapon directly at him. Mr. Becker opened
his car door, and the man, wearing a black ski hat, with
dreadlocks down to his shoulders, told Mr. Becker to give him
all of his money. Mr. Becker took out his wallet and gave the
man $160.00. The second gunman then told Mr. Becker to give
him his license, phone, and car keys. Mr. Becker tried to
comply but had trouble getting his license out of his wallet,
and the man settled for his LG smartphone. All three men then
got into a Dodge Intrepid parked across the street and drove
off. Mr. Becker went to a nearby police station and reported
Bartek, Jr. arrived home from work a few minutes after 11:30
p.m. He parked his car in front of his house in the 600 block
of Jefferson Street, N.E. and walked around to the passenger
side to get some items he had bought.
Bartek soon noticed a man walking toward him from the
driver's side of a vehicle that had pulled up. The man
was wearing a dark puffy jacket, baggy pants, and a ski mask
with long dreadlocks sticking out of it. As the man
approached, he pointed a black pistol at Mr. Bartek's
face and said, "[M]erry Christmas. Give me your fucking
money." Mr. Bartek reached into his pocket and gave the
man three one-dollar bills. A second man, wearing a mask and
armed with a silver semi-automatic pistol, then got out of
the other car. The man held his gun to the back of Mr.
Bartek's head while the first man searched Mr.
Bartek's wallet and went through his pockets, finding a
blue Samsung smartphone but no more money. A third masked man
then got out of the other car and took Mr. Bartek's keys.
The men went through Mr. Bartek's car but took nothing,
and they returned to their vehicle with Mr. Bartek's blue
Samsung phone and three one-dollar bills.
Bartek watched the robbers' car as it drove off and
thought it was either a Dodge Intrepid or a Pontiac. He then
went inside and called 911.
minutes after midnight, Francois Mitchell was loading
Christmas gifts into his car in front of his parents'
home in the 1700 block of Varnum Street, N.W. Mr. Mitchell
watched as a car turned onto Varnum Street and drove slowly
toward him. The car stopped a few feet away, and a man
wearing a mask from the nose down got out of the car, pointed
a black semi-automatic pistol at Mr. Mitchell, and stated,
"[Y]our cash or your wallet."
Mitchell grabbed the gun and began to wrestle with the man. A
second man then got out of the car and pointed another black
semi-automatic pistol at Mr. Mitchell. The second man said,
"[Y]our cash or your wallet" and reached into Mr.
Mitchell's pocket and took his wallet. Two more men
approached moments later, and Mr. Mitchell, realizing he was
out-numbered, screamed for help.
four men sped off in their car with Mr. Mitchell's
wallet, but not before Mr. Mitchell memorized the car's
license plate number. Mr. Mitchell ran inside and reported
the robbery and the license plate number to a 911 dispatcher.
It was 12:15 a.m.
license plate number reported by Mr. Mitchell was assigned to
a 2002 Dodge Intrepid owned by a woman named Brenda Holmes
and reported stolen in the District of Columbia on December
23, 2012. The police entered the number into a license plate
reader database, and at approximately 12:45 a.m., an
announcement was broadcast over the police radio that the
Intrepid, believed to be involved in a string of armed
robberies, had just passed a license plate reader at the
intersection of East Capitol Street and Texas Avenue, S.E.
Ryan Devlin and Jonathan Lauderdale were nearby in a marked
police cruiser. The officers drove in the direction of the
license plate reader and saw the Intrepid coming toward them
on Central Avenue. They made a U-turn to get behind the
Intrepid and then activated their lights and siren in an
attempt to make a traffic stop. The Intrepid, however, sped
away from the officers and led them on a brief chase,
crossing into Prince Georges County, Maryland, and then back
into the District, where the car spun out of control and came
to a rest facing sideways in the middle of 56th Street, S.E.
men got out of the Intrepid and fled up 56th Street. Officer
Devlin ran after the driver, while Officer Lauderdale chased
the front seat passenger. Officer Devlin quickly caught up to
the driver, Mr. Long, in a stairwell two houses away and took
him into custody at approximately 12:50 a.m. Mr. Long had
shoulder-length dreadlocks and was wearing a puffy jacket. A
search of his clothing yielded a blue Samsung smartphone,
$160.00 in cash, and a Cricket cell phone. Officer Lauderdale
detained the front seat passenger, Mr. Ferrell, a minute or
two later after finding him lying on the wet ground behind a
shed in a backyard, breathing heavily. Beneath Mr. Ferrell
was a pair of dry gloves, and found on his person were a
black ski mask, a T-Mobile cell phone, and a total of $112.01
in U.S. currency, including three one-dollar bills balled up
together. In Mr. Ferrell's flight path, the police found
a Sprint Kyocera cell phone registered to a person named
Lakeisha Lesesne. The other two occupants of the Intrepid
were never apprehended or identified.
report of the chase of the Intrepid and the arrests of Mr.
Long and Mr. Ferrell was broadcast over the police radio.
Detective Christopher Baxa heard the broadcast while in the
600 block of Jefferson Street, N.E. investigating the robbery
of Mr. Bartek. He and Detective Eric Roche promptly drove Mr.
Bartek in a police vehicle to the intersection of 56th Street
and Central Avenue, S.E. for a show-up identification. There,
Mr. Bartek remained in the back seat of the police vehicle as
Officer Devlin brought Mr. Long to an area in the street
thirty-five to fifty feet away. The area was illuminated by
the lights of several police cars, and Mr. Long, wearing his