United States v. Williams

85 F. App'x 341
CourtCourt of Appeals for the Fourth Circuit
DecidedJanuary 16, 2004
Docket03-4137
StatusUnpublished
Cited by7 cases

This text of 85 F. App'x 341 (United States v. Williams) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Williams, 85 F. App'x 341 (4th Cir. 2004).

Opinion

OPINION

PER CURIAM.

Shannon Derrell Williams (“Shannon”) appeals from his convictions on various drug-related charges, including a conviction for a triple murder committed in connection with his drug activities. Finding no reversible error, we affirm.

I.

The record reveals the following facts. Shannon and four other individuals were named in a multi-count indictment arising out of their involvement in a loose-knit association of drug dealers that controlled an open-air drug market at the corner of Milton Street and Maryland Avenue in Richmond, Virginia. The dealers involved in the drug operation, sometimes referred to as the “M & M Boys” or “Highland Park Boys,” had been selling drugs in the area from 1995 to 2001.

Although the evidence demonstrated that the drug dealers, including Shannon, usually sold crack cocaine individually, they jointly controlled the area to the exclusion of other drug dealers, chased and assaulted those who attempted to encroach upon their turf or to steal drugs from them, benefitted from paid “lookouts” who would yell “5-0” to alert them to approaching police officers, and sought ref *344 uge within the four primary drug houses on Milton Street — the Williams house, the Hall house, the Coffey house, and, most frequently, the Chavis house. In addition, there was testimony that Shannon occasionally supplied the other dealers with crack for sale and that Shannon regularly paid at least one person to transact drug sales on his behalf when Shannon was approached by buyers that he did not know.

On November 6, 1998, at approximately 2 a.m., Corey Roberts, James Sargent, and Leslie Holloman drove to the Milton Street and Maryland Avenue area to purchase crack cocaine. Roberts was driving, Sargent was in the front passenger seat, and Holloman was in the rear seat. Derek Toms, one of the Milton and Maryland drug dealers, was walking down the street at the time. Shannon was standing on the porch of the Chavis house with several other dealers. When the car stopped, Holloman got out of the back seat, approached Toms, and asked Toms if he had any crack for sale. Toms, who had crack that he had obtained from Shannon, was about to make the sale when Shannon walked up behind Toms, pointed a 9mm firearm with a directional beam over Toms’s shoulder at Holloman and demanded that Holloman give him his money. Shannon had obtained the gun earlier from Jemar Jordan, another Milton and Maryland drug dealer, while the men were hanging out at the Chavis house. Apparently believing that Shannon was playing around, Holloman brushed the gun away from his face, at which point Shannon re-aimed the gun at Holloman and shot him through the right eye. Roberts, who was still in the driver’s seat, attempted to flee, but Shannon shot him in the back of the head, causing Roberts to slump forward and collide with another vehicle. Shannon then walked to the side of the vehicle and shot Sargent. After shooting Roberts and Sargent, Shannon returned to Holloman’s body and took money from the victim’s pants pocket. He then fled the scene. Holloman, Roberts, and Sargent all died from their gunshot wounds.

Immediately after the murders, Shannon’s family concocted a false alibi for him,' telling Richmond police that Shannon had been babysitting for his sister at the time of the murders. Shannon’s sister personally confirmed the alibi to local law enforcement at the time. Two years later, Shannon’s sister again provided this alibi to federal law enforcement officers, who had by that time joined in the investigation. But when presented with a federal grand jury subpoena, Shannon’s sister recanted the false alibi and admitted that she had lied at her family’s request.

On October 26, 2001, at approximately 2:20 a.m., Richmond police officers Jean-Guy LeGouffe and Thomas McGovern were patrolling in a marked police unit when they observed a 1983 Oldsmobile vehicle approaching them on Milton Street. The vehicle had an inoperable running light in the front. The officers pulled in behind the vehicle and activated their emergency lights. After turning onto another street and driving the length of three or four houses, the driver of the Olds-mobile finally pulled to the side of the road. Although repeatedly instructed to remain in the vehicle, the driver exited the vehicle, stopped, and momentarily looked at Officer LeGouffe while playing with a black plastic bag in his hand. When Officer LeGouffe, who had also exited his patrol car, began to approach the driver, the driver ran from the scene. Both Officer LeGouffe and Officer McGovern gave chase. Officer McGovern nearly caught the fleeing suspect, but fell just as he reached forward to grab him. Almost simultaneously, Officer McGovern saw the driver throw the black plastic bag and, *345 although the officers were ultimately unable to apprehend the driver, Officer McGovern was able to immediately retrieve the black plastic bag from where it had been thrown.

The black plastic bag was subsequently confirmed to contain 200.987 grams of cocaine base and a handheld digital scale. A search of the vehicle revealed a number of documents bearing Shannon’s name, and Officer McGovern identified Shannon as being the driver of the vehicle from a mug shot obtained from police records. It was determined that the Oldsmobile was registered in the name of Dorothy Williams, a family friend of Shannon. Ms. Williams later testified that she had registered the vehicle in her name at Shannon’s request and that the vehicle was driven primarily by Shannon. A set of keys found in the ignition contained a key to the front door of the house where Shannon lived at the time. Ms. Williams also testified that Shannon’s mother called her at some point and told her that the car had been stolen. Ms. Williams reported the vehicle stolen to the police as a result, but Shannon later told her “that he had got stopped about two [in the morning] and he ran because he was dirty.” J.A. 300. Ms. Williams testified that she no longer believed the vehicle was stolen after that, but she never contacted the police to retract her theft report.

In February 2002, after Officers LeGouffe and McGovern had recovered the 200.987 grams of crack cocaine, ATF Special Agent Brian Swann obtained a federal warrant for Shannon’s arrest for possession with intent to distribute crack cocaine. Shannon was arrested on February 21, 2002, at which time officers found 3.27 grams of crack cocaine in his pants pocket. When questioned, Shannon admitted that, “You caught me red-handed with coke.” J.A. 316.

Following a bench trial, Shannon was convicted of one count of conspiracy to distribute more than 50 grams of cocaine base at the Milton and Maryland open air drug market (Count I), see 21 U.S.C.A. § 846 (West 1999); one count of possession with intent to distribute 50 grams or more of cocaine base, arising from the crack cocaine recovered during the October 2001 traffic stop (Count II), see 21 U.S.C.A. § 841(a)(1) (West 1999); one count of possession with intent to distribute cocaine base, arising out of the crack cocaine recovered from Shannon’s pocket during the February 2002 arrest (Count III), see 21 U.S.C.A. § 841(a)(1); three counts of murder while engaged in a drug conspiracy involving more than 50 grams of cocaine base (Counts VII through IX), see 21 U.S.C.A.

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85 F. App'x 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-williams-ca4-2004.