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United States v. Crable

United States District Court, D. Kansas

October 26, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
AUDLEY MURPHY CRABLE (01), Defendant.

          MEMORANDUM AND ORDER

          DANIEL D. CRABTREE UNITED STATES DISTRICT JUDGE.

         Defendant Audley Crable asserts that the government delayed the Indictment violating his Due Process rights under the Fifth Amendment. As a result of this alleged unconstitutional pre-indictment delay, Mr. Crable moves the court to dismiss all counts of the Indictment. Doc. 23.

         The court heard evidence and argument on this matter on September 29, 2017. During that hearing, Mr. Crable requested that the court defer its ruling on the pre-indictment delay issue until the close of evidence, or, at least, allow Mr. Crable to renew his motion at that time. The court expressed its desire to decide the issue pre-trial because Mr. Crable had filed a pretrial motion. But, the court explained that its pretrial ruling would not keep Mr. Crable from renewing his motion later. The court allowed Mr. Crable seven days to supplement his Motion to Dismiss with authority supporting a renewed motion at the close of evidence. The government was given seven days to respond to the supplement. Both parties have filed those additional briefs (Docs. 29 & 30).

         The court is now ready to rule on the pre-indictment delay issue. For the reasons discussed below, the court denies Mr. Crable's Motion to Dismiss (Doc. 23), but concludes that Mr. Crable may renew his motion during trial or at the close of evidence if he so chooses.

         I. Factual Background and Procedural History

         On November 14, 2011, Mr. Crable received a nine-month suspended sentence in lieu of twelve months' probation for unrelated charges in the Shawnee County District Court in Topeka, Kansas.

         Five days later, on November 19, 2011, Mo's Express Convenience Store located at 810 Southeast 15th Street, Topeka, Kansas, was robbed by an armed suspect. The suspect fired several rounds at two clerks during the robbery and while both clerks sustained injuries, each of them survived. Mr. Crable allegedly committed these acts and he now stands accused of them in the current Indictment.

         On December 29, 2011, the Topeka Police Department (“TPD”) learned of Mr. Crable's possible involvement in the Mo's Express robbery from a Ms. Joiner, an inmate at Riley County Jail arrested on unrelated charges. She claimed Mr. Crable told her details about his involvement in the crime.

         On January 11, 2012, TPD received additional information about Mr. Crable's possible involvement in the Mo's Express robbery from another inmate at Riley County Jail. This inmate was arrested on unrelated charges. He claimed Mr. Crable had talked about his involvement while this inmate was attempting to buy marijuana from a residence Mr. Crable allegedly had entered.

         On January 15, 2012, Mo's Express Convenience Store was sold to Phillips 66 after its co-owner was imprisoned for narcotics offenses.

         On March 20, 2012, TPD detained Mr. Crable on three unrelated charges, holding him in the Shawnee County Jail. Mr. Crable has remained incarcerated at multiple correctional facilities from this date to present.

         On June 8, 2012, TPD interviewed Mr. Crable about his suspected involvement in the Mo's Express robbery.

         On January 11, 2013, a third inmate arranged to make a sworn statement in exchange for immunity and release on bond on his current cases. The statement implicated Mr. Crable in the robbery.

         On June 26, 2013, TPD applied for an arrest warrant for Mr. Crable for Attempted Murder and Aggravated Robbery. But, no warrant was ever issued and Mr. Crable was not arrested as a result of this application.

         Between June 2013 and August 2015, TPD did not record any activity in the robbery case file. On August 18, 2015, the FBI began investigating the Mo's Express robbery for the first time. FBI agents began by interviewing Mr. Crable on September 9, 2015.

         On January 21, 2016, the FBI interviewed Derrick Crawford, a federal inmate who is the former boyfriend of Ms. Joiner-the Riley County inmate who first had implicated Mr. Crable in the robbery back in 2012. Mr. Crawford claimed he had heard that either Mr. Crable or another individual was involved in the Mo's Express robbery from the individual that made the sworn statement on January 11, 2013. The FBI learned about Mr. Crawford's professed knowledge during their ...


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