Free Motion to Amend/Correct - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2912

Filed 05/09/2008

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 00-cr-00531-WYD-02 UNITED STATES OF AMERICA, Plaintiff, v. 2. RUDY CABRERA SABLAN, Defendant.

GOVERNMENT'S MOTION TO AMEND THE FOURTH AMENDED NOTICE OF INTENT TO SEEK THE DEATH PENALTY FOR RUDY SABLAN

The United States of America, by Troy A. Eid, United States Attorney for the District of Colorado, and through Brenda K. Taylor and Philip A. Brimmer, Assistant U.S. Attorneys, respectfully requests that the Court allow the government to amend its Fourth Amended Notice of Intent to Seek the Death Penalty for Rudy Sablan (Fourth NOI) to add an incident which occurred on April 11, 2008 in support of the non-statutory aggravating factor of Future Dangerousness. The Government further seeks to delete Criminal Case No. 67F-87, Superior Court of Guam, and Bureau of Prisons Incident 95001, both of which were stricken by the Court in its Order of March 13, 2008, Document 2777. The government seeks to add the April 11, 2008 incident for the following reasons: 1. On or about April 11, 2008, during the guilt/innocence phase of the trial of

Case 1:00-cr-00531-WYD

Document 2912

Filed 05/09/2008

Page 2 of 5

Rudy Sablan, the defendant assaulted another prisoner and made threatening statements while prisoners were being loaded onto the transport van to be taken from the Alfred A. Arraj U.S. Courthouse to the Federal Correctional Institution at Englewood, Colorado. 2. According to Triana Luce, Deputy U.S. Marshal, the defendant boarded the van and prisoner Shane MacDonald was seated next to him. When inmate Edward Savedra boarded the van, the defendant told Savedra to sit next to the defendant (where MacDonald was sitting). DUSM Luce told inmate Savedra to stay where he was. The defendant then turned his body, got his feet onto prisoner MacDonald, and shoved MacDonald hard enough to push MacDonald off the seat. When DUSM Luce asked Rudy Sablan what he was doing, Sablan said "I'm going to break someone's fucking neck." 3. Jesse Gomez, Contract Guard for the U.S. Marshals Service, District of Colorado, observed the defendant "turn himself, put his feet on the seat he was sitting on, brace his back against the driver's side of the van, and push MacDonald off the seat with his feet." According to Gomez, inmate Sablan "pushed him hard." 4. Prisoner Sireino Joe Martinez, who was being transported on the van, gave a statement that the defendant "very forcefully" kicked MacDonald off the seat and out of the van. Mr. Martinez also reported that the defendant was mad at the Marshals because they had kept the defendant in shackles in a holding cell for forty-five minutes. He heard the defendant say repeatedly, "I'm going to use my chain to break someone's neck and

2

Case 1:00-cr-00531-WYD

Document 2912

Filed 05/09/2008

Page 3 of 5

strangle them." 5. Prisoner Jaime Gonzalez-Herrera, another passenger on the van, said that the defendant was "pissed off" before boarding the van, and that the defendant told the other prisoners he had been shackled for forty-five minutes. Gonzalez-Herrera heard the defendant, referring to the Marshals, say, "Don't do this sort of shit to me again, I'm going to hang somebody by the chain and break someone's neck." Gonzalez-Herrera also saw Rudy Sablan kick MacDonald "really hard." 6. Prisoner Victor Emerson Simons, also a passenger on the van, said Rudy Sablan kicked MacDonald off the seat and out of the van. On the elevator from the holding cells to the sallyport, the defendant was saying things like "I'll break his neck, I'm going to kill him." He also heard Sablan say "I'm going to break their necks, I'm going to kill them." 7. Because this incident occurred during the trial of Rudy Sablan, the government submits that there is good cause pursuant to Title 18 U.S.C. §3593(a) to allow the amendment of the Fourth Amended Notice of Intent to Seek the Death Penalty. Wherefore, for the reasons stated above, the government respectfully requests that the Court find that good cause has been shown to amend the Fourth Amended NOI and to allow the filing of the Fifth Amended NOI, attached hereto.

3

Case 1:00-cr-00531-WYD

Document 2912

Filed 05/09/2008

Page 4 of 5

Respectfully submitted this 9 th day of May, 2008, TROY A. EID United States Attorney BY: s/ Brenda K. Taylor BRENDA K. TAYLOR Assistant U.S. Attorney U.S. Attorney's Office 1225 17 th Street, Suite 700 Denver, Colorado 80202 Telephone (303)454-0100 FAX: (303) 454-0406 E-mail address: [email protected] Attorney for Government BY: s/ Philip A. Brimmer PHILIP A. BRIMMER Assistant U.S. Attorney U.S. Attorney's Office 1225 17 th Street, Suite 700 Denver, Colorado 80202 Telephone (303)454-0100 FAX: (303) 454-0406 E-mail address: [email protected] Attorney for Government

4

Case 1:00-cr-00531-WYD

Document 2912

Filed 05/09/2008

Page 5 of 5

CERTIFICATE OF SERVICE I hereby certify that on this 9 th day of May, 2008, I electronically filed the foregoing GOVERNMENT'S MOTION TO AMEND THE FOURTH AMENDED NOTICE TO SEEK THE DEATH PENALTY FOR RUDY SABLAN with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Forrest W. Lewis FORREST W. LEWIS, P.C. 1600 Broadway, Suite 1525 Denver, Colorado 80202 Telephone: (303) 830-2190 Facsimile: (303) 830-1466 E-mail: [email protected] Attorney for Defendant Rudy Sablan Donald R. Knight KNIGHT & MOSES, LLC 7852 S. Elati Street, Suite 201 Littleton, Colorado 80120 Telephone: (303) 797-1645 Facsimile: (303) 730-0858 Email: [email protected] Attorney for Defendant Rudy Sablan

s/Valerie Nielsen VALERIE NIELSEN Legal Assistant U.S. Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Phone: (303) 454-0150 Fax: (303) 454-0406 E-mail address: [email protected]

5