United States v. Catalan-Roman

585 F.3d 453 (1st Cir. 2009)

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Nature of the Case

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Facts

Guards Torres and Rodriguez were assigned to deliver $100,000 to a credit union in Gurabo. Torres remained in the truck while Rodriguez exited with the money and walked towards the credit union. An assailant appeared and pointed a black, 9mm Glock pistol at his face and chest. A second assailant then appeared carrying a Beretta semi-automatic firearm. At trial, Torres identified the first assailant as Medina and the second as D. Rodriguez surrendered and D went to disarm him. Medina fired two shots at Rodriguez. Torres then opened the door of the armored truck and began firing at D, who was hit and fell to the ground. Torres was shot in the left hand by a fourth indicted co-conspirator, Sterling. Torres fell back into the truck and closed its doors. Medina took the money and fled the scene leaving D behind. Rodriguez pleaded for his life just before D, seated on the ground nearby, picked up his Beretta firearm and fired it several times into him. Sterling fled the scene alone when police arrived. Rodriguez died soon thereafter, having received a total of eight gunshot wounds, three of which would have proven fatal even independent of the other wounds. One of the fatal wounds came from Medina's 9mm Glock. Torres was interviewed by agents at the hospital. During that interview, he left out details about Rodriguez raising his hands, and being shot and then pleading for his life and being executed by D. Torres added several details at trial that went to that core issue and formed a central aspect of his narrative of the events of March 27, but which he had not mentioned in his earlier account. D objected, and the trial court ruled that it would not have been natural for Torres to include the aggravating details. D was convicted and appealed on a large number of grounds.