April 30, 2019
from the Superior Court of the District of Columbia
(CF2-9825-17), (Hon. Kimberley Knowles, Trial Judge)
Sharpe, with whom Mary Kennedy, was on the brief, Washington,
B. Snyder, Assistant United States Attorney, with whom Jessie
K. Liu, United States Attorney, and Elizabeth Trosman,
Washington, and Puja Bhatia, Assistant United States
Attorneys, were on the brief, for appellee.
Fisher, Thompson, and McLeese, Associate Judges.
Appellant Royale McGlenn Sr. appeals from his convictions for
firearms offenses, arguing that the trial court erroneously
denied his motion to suppress evidence. We affirm.
in the light most favorable to the trial courts ruling, the
evidence at the suppression hearing was as follows. At
approximately 10:45 pm on June 5, 2017, Metropolitan Police
Department officers Sherwin Charles and Angela Galli
responded to a report of an assault in progress. When Officer
Charles arrived he saw Mr. McGlenn standing outside in front
of the location provided in the report. Mr. McGlenn, who
matched the description of the suspected assailant, was
sweating, not well-oriented, and confused. Officer Charles
smelled alcohol or PCP coming from Mr. McGlenn. Officer
Charles directed Mr. McGlenn to stop, so that Officer Charles
could investigate the reported assault. Mr. McGlenn did not
comply, so Officer Charles grabbed Mr. McGlenn. Mr. McGlenn
continued to resist, pulling out of his shirt. In Officer
Charless experience, intoxicated individuals tend to be
aggressive and noncompliant. For that reason, and given Mr.
McGlenns resistance, Officer Charles handcuffed Mr. McGlenn,
to safely detain him while officers investigated the assault.
Mr. McGlenn resisted being handcuffed. Officer Charles also
radioed for an ambulance to come and assess Mr. McGlenns
medical condition. It is standard practice to call an
ambulance to evaluate individuals who are suspected of being
high on PCP, because such individuals can suddenly become
incredibly aggressive and very strong, and often hurt
Officer Galli arrived, she saw Officer Charles restraining
Mr. McGlenn. Officer Galli smelled PCP coming from Mr.
McGlenns person. Mr. McGlenn "appeared to be high on
something" and was displaying disorientation and
"broken thought process." Officer Galli interviewed
Mr. McGlenns mother, who had called the police. Mr.
McGlenns mother explained that Mr. McGlenn had come into her
home and was yelling for his son, who was in bed. Mr.
McGlenns mother concluded that Mr. McGlenn had been smoking
something, because he did not usually act the way he was
acting. Mr. McGlenns mother was so frightened that she ran
to a neighbors house and called the police. Mr. McGlenns
mother indicated, however, that no actual assault had
occurred. Mr. McGlenns mother told the police that she
wanted Mr. McGlenn to be treated because he was under the
influence of something.
Officer Galli informed Officer Charles of her conversation
with Mr. McGlenns mother. The officers decided not to arrest
Mr. McGlenn for assault, but they also decided not to release
him until an ambulance came to evaluate him, because he might
be a threat to himself or others if he were released. The
officers decided to leave Mr. McGlenn in handcuffs until the
ambulance arrived, to prevent him from leaving or hurting
himself or the officers. During the officers encounter with
McGlenn, Mr. McGlenn was angry, irate, and upset; was
yelling; fumbled to remember information; slurred words; was
at one point incoherent; seemed to be "out of it";
and frequently repeated himself. Once he was handcuffed,
however, Mr. McGlenn did not act aggressively towards the
officers or threaten them. Mr. McGlenn also was able to
answer a number of the officers questions. At one ...