United States District Court, D. New Mexico
MEMORANDUM OPINION AND ORDER
VÁZQUEZ, UNITED STATES DISTRICT JUDGE.
MATTER is before the Court on the Complaint to
Recover Damages for Injury (“Complaint”) filed by
Plaintiff, Edward Brian Crist, on August 22, 2016 and removed
to this Court on October 6, 2016. (Doc. 1, 1-1). The Court
will dismiss the Complaint for failure to state a claim under
Fed.R.Civ.P. 12(b)(6) and 28 U.S.C. § 1915(e)(2)(B).
Also pending before the Court are several motions filed by
Plaintiff Crist. The Court's disposition of the motions
is set out in part II, below.
Edward Brian Crist is proceeding pro se and in forma
pauperis. He has three pending civil rights cases in this
Court. Edward Brian Crist v. Detective Joe
Lopez #5425 was filed by Crist on August 22, 2016. (CV
16-00950 MV/LF, Doc. 1). This case, Edward Brian Crist v.
Detective Joe Lopez #5425, was initially filed in New
Mexico state court on August 22, 2016 and was removed to this
Court by the Defendant on October 6, 2016 (CV 16-01107
MV/KRS, Doc. 1 and 1-1). Edward Brian Crist v. Officer
Jared Nix, et al., was filed in this Court by Crist on
October 28, 2016. (CV 16-01190 RB/KBM).
Crist has a lengthy history of criminal charges and
convictions in the state courts of New Mexico. See
State of New Mexico cause nos. D-101-CR-1992-00253,
D-202-CR-2013-01260, and D-202-CR-2016-01969. The allegations
in all three of Plaintiff Crist's pending cases arise out
of the underlying arrest and criminal prosecution of Crist in
cause no. D-202-CR-2016-01969. (CV 16-00950 MV/LF, Doc. 1; CV
16-01107 MV/KRS, Doc. 1-1; CV 16-01190 RB/KBM, Doc. 1).
record in Crist's pending cases shows that at about 4:42
pm on June 8, 2016, Albuquerque Police Department
(“APD”) officers were dispatched to the
Blake's Lottaburger at 6215 San Mateo Dr. NE,
Albuquerque, New Mexico, in reference to an armed robbery.
Victims told police officers that a male subject pointed a
shotgun at them and demanded money. Based on a surveillance
video, the suspect was described as wearing prescription
eyeglasses, white hoodie, black and white shorts, maroon
“van” type shoes, a white jersey with the number
19 on it, a ring on his left hand, a bandana over his face,
and tattoos on his right lower leg. (Doc. 11 at 6). A witness
reported seeing the male suspect get into a white vehicle
bearing New Mexico registration plate 910TNB. New Mexico
Motor Vehicle Department records indicated the vehicle was
registered to Brian Edward Crist and was a white 2004 Buick 4
door sedan. (Doc. 11 at 6).
approximately 8:42 pm on June 8, 2016, APD officers were
dispatched to the Pizza Hut located at 2640 Carlisle Blvd. NE
in Albuquerque in reference to an armed robbery. A female
employee reported that a male suspect pointed a shotgun at
her and demanded cash from the register. A female customer
stated that she saw two subjects enter the store. She
described the first male as tall, about 6-feet, skinny, and
wearing a gray zip up hoodie, shades, and a black and white
bandana covering his face. She said that, on entering, the
male ordered everyone on the ground and racked the shotgun,
chambering a round. She felt someone moving things in her
purse and, after the incident, noticed her wallet, containing
her identification documents and bank/debit cards, was
missing. (Doc. 11 at 7).
around 1:19 am on June 9, 2016, Sandia Pueblo Tribal Officer
Jerade Nix was dispatched to the Sandia Resort and Casino
located at 30 Rainbow Road, Sandia Pueblo, New Mexico, in
reference to a “firearms exchange” on the fourth
level of the parking structure. Security Officer Johnny
Garcia informed Officer Nix that he had reviewed video
surveillance footage and had observed the driver of a red
colored Honda passenger car make a firearm exchange with the
owner/operator of a white vehicle. The video surveillance
showed that a shotgun or long rifle was placed in the trunk
of a white, four-door vehicle bearing New Mexico plate
910TNB. Officer Nix, Officer Garcia, and Officer Tommy
Gonzales made their way to the fourth level and, by the white
four-door vehicle bearing plate 910TNB, located the subject
shown on the video placing the firearm in the trunk. The
subject was identified as Edward Crist through his New Mexico
Driver's License. Officers reported that Mr. Crist stated
he is a convicted felon and that there was a shotgun in the
trunk of his car. During a pat-down search, a glass pipe and
three small baggies of a black substance, suspected to be
black tar heroin, were located in Mr. Crist's right,
front pocket. The license plate on the vehicle was run by the
officers and returned as registered to Edward Crist. Dispatch
also notified Officer Nix that APD had run the plate on the
vehicle approximately 10 times earlier that night and APD
stated that the vehicle was involved in two armed robberies
in Albuquerque earlier in the night. With Mr. Crist's
permission, the officers opened the trunk and retrieved a 12
gauge model 88 Maverick shotgun, loaded with six shotgun
shells, and a military flak jacket. (Doc. 11 at 11-12).
am on June 9, 2016, Detective Lopez met with Edward Crist and
read him his Miranda rights. Detective Lopez described Crist
as wearing black, white, and grey plaid shorts, a pink shirt,
red shoes with a white sole, and prescription glasses. Lopez
stated Crist had tattoos on his lower right leg. Detective
Lopez reported that Officer Nix had informed him Sandia
police officers had located a shot gun, hand gun, and
methamphetamines in the vehicle during their inventory of the
vehicle and that the vehicle was going to a secure lot at
Duggar's Towing. Officer Nix arranged to have the vehicle
released by Duggar's Towing to APD pending a search
warrant. (Doc. 11 at 39-40).
10, 2016, Officer Nix filed a Criminal Complaint in the State
of New Mexico, County of Bernalillo, Metropolitan Court
relating to the detention and arrest on June 9, 2016. (CV
16-00950 MV/LF, Doc. 10 at 6). The Criminal Complaint was
docketed as case no. T-4-FR-2016-003073. For unknown reasons,
the case caption identified the Defendant as “Kirksey,
Robert.” (CV 16-00950 MV/LF, Doc. 10 at 6). However,
the Complaint listed the 704 Glacier Bay St SE address for
Edward Crist, and the body of the Complaint identified Edward
Crist as the suspect who was detained, arrested, and
transported to the Metropolitan Detention Center. The
Complaint charged the Defendant with possession of a firearm
or destructive device by a felon and possession of a
controlled substance. (CV 16-00950 MV/LF, Doc. 10 at 6).
Metropolitan Court Judge Victor Valdez made a determination
on June 10, 2016, that there was probable cause a crime had
been committed, but no probable cause that the crime was
committed by the wrongly-named Defendant, Robert Kirksey.
Based on the wrongly-named defendant, the Judge ordered that
Crist be released. (See T-4-FR-2016-003073).
June 10, 2016, Detective Joe Lopez filed a Criminal
Complaint-Arrest Warrant Affidavit in the Metropolitan Court.
(See Doc. 11). The Complaint-Arrest Warrant
Affidavit was docketed as Metropolitan Court case no.
T-4-FR-2016-00310. The Complaint-Arrest Warrant Affidavit
06/09/2016 0200 HRS
I was notified by APD dispatch that Officers with the Sandia
Pueblo were out on a shots fired call and they were with a
male subject who was in the vehicle bearing NM 910 NTB. I
asked dispatch to give my contact information to the officer
handling the case with Sandia Pueblo. Officer Jared Nix of
Sandia pueblo called me and informed me he was out with a
male who they had in custody for shooting at another vehicle.
Officer Nix informed me the male had a shot gun during the
incident. Officer Nix described the male they had in custody
as 6'01” 214 pounds wearing brown and grey plaid
shorts and an orange shirt and provided the name of Edward
Crist. I informed Officer Nix the male matched the
description of robberies that had taken place on 06/08/2016
and asked if I could interview him at their office.
11 at 7-8). Case T-4-FR-2016-00310 was transferred to the
State of New Mexico, Second Judicial District Court, for
presentment of the criminal charges to a Grand Jury.
case was docketed in the Second Judicial District Court as
D-202-CR02016-01969 and Grand Jury proceedings were held in
CR-2016-01969 on June 23, 2016. Both APD Detective Joe Lopez
and Defendant Edward Crist testified before the Grand Jury.
(Doc. 17). Detective Lopez testified, in pertinent part, that
he was contacted by officers form the Sandia Pueblo Police
Department around 2:00 am on June 9. They advised him that
they were with a male subject that was in a vehicle bearing
New Mexico plate 910-MTB and that APD dispatch had informed
them the vehicle was connected to armed robbery earlier in
the day. They advised him the subject was approximately
6'1”, 214 pounds wearing brown and grey plaid
shorts with an orange shirt, named Edward Crist. Mr. Crist
was then transferred over to the custody of Detective Lopez.
The vehicle was turned over to Detective Lopez on June 10.
Detective Lopez obtained a search warrant for the car and
located several shotgun rounds, handgun rounds and a handgun,
a bandana with black and green camouflage, and a black and
white bandana with two ends tied together. (Doc. 17 at 8-18).
Grand Jury indicted Crist on three counts of armed robbery
(firearm enhancement), six counts of aggravated assault
(firearm enhancement), one count of conspiracy to commit
armed robbery and/or aggravated assault, one count of child
abuse, and two counts of possession of a firearm by a felon,
including one count arising out of the June 9, 2016 incident
at the Sandia Resort and Casino. (Doc. 11 at 15-18). On March
6, 2017, the State of New Mexico filed a nolle
prosequi in D-202-CR-2016-01969 on the grounds that the
case was being referred for federal prosecution. A ...