7:23-cr-00024•UNITED STATES OF AMERICA v. MURRAY
Texto completo
IN THE U NITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
U NITED STATES OF AMERICA,
v .
JOHNNY WILL MU RRAY, JR.,
Defendant .
ORDER
CASE NO :
7:23-cr-24-WLS-ALS
B efore the Court are the follow ing motions filed by D efendant , Johnny Will Murray,
Jr ., as well as the Government's responses , and D efendant's reply briefs, if any , with respect
to each motion :
1. Motion to D ismiss Count T wo and Count TI1ree (Doc . 74) ("Motion to
Dismiss"), Government's response (Doc . 82), and D efendant's reply (Doc . 92);
2. Motion in Limine to Exclude all References to any Alleged "Controlled Buys" in
this Case (Doc. 75) ("Controlled Buys Motion ") and Government's response (D oc . 83);
3. Motion in Limine to E xclude all Jail Calls (D oc . 76) ("Jail Calls Motion ") and
G overnment's response (Doc . 84); and
4. Motion in Limine to E xclude all References to Mr . Murray's P rior Criminal
Histo ry / Agreement to Stipulate as to Status as Convicted Felon (Doc. 7 7) (" P rior Convictions
Motion" and together with the Motion to D ismiss, Controlled Buys Motion , and Jail Calls
Motion , the " Defendant's Motions "), Government's response (Doc . 86), and D efendant's
reply (Doc . 93).
The Defendant's Motions are fully briefed, ripe for decision , and are each addressed in
turn below.
I. BACKGROUND AND PROCEDURAL HI STORY
On March 12, 2025, the Grand Jury handed down a three - count Superseding
Indictment (Doc . 63) against D efendant charging him with : Count One-P ossession with
1
Case 7:23-cr-00024-WLS-ALS Document 120 Filed 10/27/25 Page 1 of 10Intent to D is tribute Methamphetaminein violation of21 U .S.C. § 841 (a)(1) and 841(6)(1)(A ), 1 Count Two-P ossession of a Firearm by a Convicted Felon in violation of 18 U .S.C. §§ 922 (g) (1) and 924 (a) (2) , 2 and Count Three- Possession of a Firearm in Furtherance of a Drug Trafficking Crime in violation of 18 U .S.C. § 924 (c)(1)(A). After his arrest on the original Indictment, Defendant consented to detention in light of a state sentence. (Doc. 15). Defendant was arraigned on the Superseding I ndictment on March 26, 2025, and again ordered to be detained. (Doc . 67). After resolution of pretrial motions , including a motion to compel and motion to suppress , a pretrial conference was held on October 1, 2025. The trial of this matter is scheduled to begin Monday, November 3, 2025 , at 8:30 a.m . in Valdosta , Georgia. II. LAW AND ANALYS IS A. Mo tion to Dis miss Defendant seeks to have the Court dismiss the Counts inv olving firearms (Counts Two and Tiiree) because the Governmen t destroy ed the firearms allegedly recov ered in this case prior to filing the Indic tment . The firearms were destroy ed pursuant to a state court order requiring that " [t] he firearms ... be destroy ed in accordance with the local policy of the appropriate agency that has custody of the firearms." (Doc . 74 at 2-3). D efendant contends that the destruction of the firearms denies him a constitutional guarantee of access to evidence , and that the Governmen t had a duty to preserve the evidence for trial and sentencing purposes . (Id at 3). Defendant contends that the destruction of the firearms deprives him of the "opportunity to have the firearms examined for fingerprints or DNA evidence which may have established that he never handled any firearms ." (Id at 15). Further, D efendant asserts there are material misrepresentations in police reports involving t he firearms, that only two of the four firearms were photographed, and there are no photos showing the location where the firearms were found . Defendant requests t ha t the Gov ernment's evidence regarding the 1 The original Indictment was handed down on March 14, 2023. The Superseding Indictment charges the same offenses, except in Count One of the original Indictment Defendant was charged under § 841 (b) (1) (g instead of § 841(b)(l ) (A). 2 Defendant is alleged to have had four firearms in his possession: (1) a Norinco, Model: SKS, Rifle, Serial Number: 7103990, (2) a Ruger, Model: E C9s, Serial N umber: 454-56803, (3) a Bushmaster Model: XM15-E2S Rifle, Serial Number: B Kl 910017, and (4) a Jenning, Model: Bryco 59, Serial Number : unknown/ obliterated. 2 Case 7:23-cr-00024-WLS-ALS Document 120 Filed 10/27/25 Page 2 of 10
firearms (photos and written report) be suppressed. (Doc . 74 at 15). Tiiis statement makes it unclear whether D efendant intended to make an alternate argument as to suppress ing such evidence, but a formal motion to suppress the police report and photographs was not filed. The Gov ernment contends that the issue of possession of the firearms, or lack thereof, is a jury question. TI1e Government asserts Counts Two and Three are sufficient to apprise Defendant of the alleged charges so he can prepare a defense , that the Gov ernment is not required to produce the firearms at trial and can present proof by testimony of witnesses or otherwise , and Counts Two and Three should not be dismissed merely because D efendant alleges the Government will fail to produce sufficient evidence to prove the charges. Also relev ant here is that on August 16 , 2022 , the D istrict Attorney' s Office in the Southern Judicial Circuit filed a motion for order of forfeiture in the Superior Court of Colquitt County, Georgia , seeking forfeiture of property including $5,600 in U nited States currency and four firearms identified as one SKS 7. 62 Rifle (S/ N 7103980), one Ruger 9mm pistol (S/ N 454-56803), one Bushmaster Rifle (S/ N BK19100 1 7) , and one Jennings 9mm pistol (S/ N undetermined) (together , the " Forfeited P roperty") that was seized from the Defendant's residence on November 11, 2021. TI1e state forfeiture action was brought against Defendant as the Purported Owner / I nterest Holder of the Forfeited P roperty. The motion was served on D efendant (Doc . 74-2 at 7, 13), and a motion to intervene was sent to the District Attorney' s Office by attorney Gary L amar , Jr ., on behalf of Ella Mae Randall, Defendant's domestic partner (Id. at 13). Eventually, a consent agreement of forfeiture was entered into among the State of Georgia, Defendant, and Ms. Randall. Therein, D efendant and Ms . Randall relinquish all rights they have in the "seized four firearms found witliin [their] residence." (Id ). With respect to the cash , tl1e parties agreed that $3,000 would be turned over to Mr . L amar to be held in trust for Ms . Randall's benefit and tl1e remaining $2,600 would be forfeited to the State . (Id ) Defendant signed the consent agreement as "Interest Holder, " Ms. Randall signed as " Intervenor/ Interest H older ." (Id at 14). Although Defendant states in his Motion to D ismiss that he was not represented by counsel witl1 respect to the consent agreement , Mr . L amar signed the agreement twice as " Attorney for I nterest H older" beside both tl1e Defendant's and Ms . Randall's signatures. (I d). " [C]riniinal prosecutions must comport witl1 prevailing notions of fundamental fairness[,]" wliich requires that "criminal defendants be afforded a meaningful opportunity to 3 Case 7:23-cr-00024-WLS-ALS Document 120 Filed 10/27/25 Page 3 of 10
present a compl ete defense. To safeguard that right, the [Supreme] Court has developed 'what might loosely be called the area of constitutionally guaranteed access to evidence. "' C alifornia v. T rombetta, 467 U.S. 479, 485 ( 1984) (citation omitted) . One of these guarantees requires that exculpatory evidence must be turned over to a criminal defendant. Id In T rombetta, the Supreme Court considered for the first time the extent of the government's duty to take affirmative steps to preserve evidence on behalf of criminal defendants. Id at 486 . The Supreme Court held: Whatever duty the Constitution imposes on the States to preserve evidence , that duty must be limi ted to evidence that might be expected to play a significant role in the suspect's defense . To meet this standard of constitutional materiality, evidence must both possess an exculpatory value that was apparent before the evidence was destroyed, and be of such a nature that the defendant would be unable to obtain comparable evidence by other reasonably available means. Id. at 488- 89 . I n Trombetta, the defendants moved to suppress incriminating breathaly zer tests because California had not retained their breath samples. Th eir motions were denied at the trial level. Th e California Court of Appeals reversed that decision , the California Supreme Court denied certiorari, and the United States Supreme Court granted certiorari. D efendants each asserted that if his breath sample had been preserved, he would have been able to impeach the incriminating breathalyzer test. Id. at 483- 84. Th e breath samples were not preserved per California's policy which the Supreme Court found was not constitutionally defective . Id at 488. There was no evidence that California authorities destroy ed the breath samples in a calculated effort to prevent disclosure requirements or because of any animosity towards the defendants . Id R ather , in failing to preserve the samples , the officers were acting in good faith and in accordance with their normal procedures . Id. The Supreme Court noted that while preservation of the breath samples might conceivably had contributed to the defendants' defense, given the information as to the reliability of the testing instrument, those chances were low. Id. at 489. The Court noted that even if the breath samples might have been exculpatory, "it does not fo ll ow that [defendants] were without alternate means of demonstrating their innocenceL]" including exercising their rights to cross - examine the government's witnesses in an " attempt to raise doubts in the mind of the factfinder whether the test was properly administered." Id. at 490 . The Government cites P ark erv. U nited States, 801 F.2d 1382 (D.C. Cir. 1986) as support for its argument that it is not required to put the firearms into ev idence at trial and that it can 4 Case 7:23-cr-00024-WLS-ALS Document 120 Filed 10/27/25 Page 4 of 10
rely on eye-witness testimony. In Park er, the Government did not produce the weapon defendant carried during an armed bank robbery but offered only the testimony of the two bank employees who witnessed the crime and described the firearm carried by defendant . Id at 1383. The D .C. Circuit affirmed that the testimony of the bank employ ee eye-witnesses- as opposed to an expert on firearms- was sufficient to permit a reasonable jury to infer that defendant was carrying a firearm and affirmed the district court's denial of defendant's motion for judgment of acquittal . 3 Similar to To mbetta, the G overnment contends the firearms here were destroy ed in accordance with an order of distribution entered in accordance with the forfeiture motion and consent agreement of the D efendant , Ms . Randall, and the State of Georgia . P er that order, " all four firearms shall be destroy ed in accordance with l ocal policy of the appropriate agency in custody of said firearms." 4 (D oc . 82 at 3). At this time , there is no evidence of animosity between the state officials and the D efendant or that the firearms were destroyed to prevent the state from being required to produce them to D efendant . While showing D efendant's fingerprints were not on the firearms might conceiv ably have contributed to his defense here , there is no evidence that a federal action was expected to be filed at the time state officials destroy ed the firearms. Further, the exculpatory value of ev idence that D efendant's fingerprints were not on the firearms would likely be low as actual possession of a firearm is not the sole method of possession for purposes of establishing the el ements of the firearm charges against the D efendant . S ee Trombetta, 467 U .S. at 489- 90. Also as noted by the Government, and as found in To mbetta, D efendant is not without alternate means of demonstrating his innocence, including exercising his right to cross - examine the Government's witnesses in an attempt to raise doubts in the mind of the jury that the police report misrepresents his statements regarding ownership of the firearms and in 3 The G overnment also cites U nited States v. Adams, 137 F.3d 1298 (11th Cir. 1998) as support for its assertion that it can present proof of possession of the firearm through means other than producing the actual firearm. (Doc . 82 at 5). In doing so, the Government attributes the following quote to Adams: " The government was not required to produce an actual firearm at trial or prove the specific manufacturer or serial number of the firearm in question." ( Id. citing Adams, 137 F.3d at 1299- 1300) . H owever, that quote is not found in the text of the Adams decision. Further, because the firearm was in evidence in Adams, the quote would arguably have been dicta because it was not relevant to the Adams court's decision. See Adams, 137 F. 3d at 1300 n.2. The issue in Adams was whether a firearm had to be operable for purposes of § 922(g)(l ). 4 Although copies of the motion for forfeiture and consent agreement are attached to the Motion to D ismiss, neither party provided a copy of the order of distribution. 5 Case 7:23-cr-00024-WLS-ALS Document 120 Filed 10/27/25 Page 5 of 10
raising questions as his assertions that the G overnment's photographs are incomplete or fail to depict all the firearms. In his Motion to D ismiss, the D efendant requests the Court take on the role of the jury and determine the weight and credibility of the Government's evidence as to Counts Two and Three. The Court declines to do so. Accordingly, D efendant's Motion to D ismiss Count Two and Count Three (D oc. 74) is DENIED . B. Motions in Limine The true purpose of a motion in limine is to avoid the introduction of evidence at trial that is "clearly inadmissible on all potential grounds" and could irretrievably impact the fairness of trial. Roya/Marco Point 1 Co ndo. Ass'n v. QBE I ns., No. 2:07- cv-16, 2011 \VL 470651, at *2 (M.D . Fla. Feb. 2, 2011) (citing Luce v. United States, 469 U.S. 38, 41 (1984)). But the context at trial often determines the admissibility of evidence and, for this reason, "i[n] limine rulings to admit or exclude evidence are always preliminary and conditioned on what the evidence shows at trial." Ohler v. United States, 529 U.S. 753, 757 n.3 (2000). F urthermore, a trial court can promptly instruct a jury to disregard improper testimony or inadmissible evidence, and "[i]n many such cases the jury can and will follow the trial judge's instructions to disregard such information." United S fates v. Astling, 733 F .2d 1446, 1455 ( 11th Cir. 1984); United States v. F uentes, 521 F. App'x 911, 911 (11th Cir. 2013). A motion in limine ruling has no impact on counsel 's duty to make proper and contemporaneous objections at trial as to any evidence or argument they consider inadmissible or improper. See Ceph us v. CSX Transp., I nc., 771 F. App'x 883, 894-95 (11th Cir. 2019). As such, tl1e Court disfavors motions in limine. No counsel, party, or witness may reference excluded evidence before counsel first notices tl1e Court and opposing counsel outside of the presence of tl1e jury and obtains tl1e Court's ultimate ruling regarding tl1e same. Counsel shall also accordingly instruct their witnesses. Counsel shall make proper and timely objections at trial as to any evidence or argument they consider inadmissibl e. Witl1 these factors in mind, the Court addresses each motion in limine in turn. 6 Case 7:23-cr-00024-WLS-ALS Document 120 Filed 10/27/25 Page 6 of 10
1. Co n trolled Buys Motio n D efendant seeks to exclude all references to any alleged controlled buys. The G overnment states it has not char ged D efendant with any offenses related to the controll ed buys conducted p rior to the search warrant in this case. Th e G overnment does not intend to refer ence the controll ed buys at trial unless D efendant opens the doo r. The G overnment points out that D efendant has made several refer ences to the controlled buys in D efendant's Motion to D ismiss. I n the event D efendant refer ences the controlled buys in cross - examination or in his case in chief, then the G over nment may seek to rebut issues as needed . B ased on the Government's statements, the D efendant acknowl edged that the Controlled Buys Motion is moot, but reserves the right to request reconsideration if this issue arises during the trial. (5 ee D oc . 109).5 B ased on the foregoing, the Court finds the Controlled Buys Motion is moot. Accordingly, D efendant's Motion in Limine to E xclude all References to any Alleged "Controlled Buy s" in this Case (Doc. 75) is DE N IED, WITHOUT PREJUDICE, as MOOT. 2. Ja il Calls Mo ti on D efendant states the G over nment has served D efendant with hundreds of reco r ded jail calls from Ap ril 2023 through August 2024. D efendant contends that none of the calls include evidence that is rel evant to the charges against D efendant and seeks to p r eclude the G overnment from introducing any audio of jail calls at trial. P er the G overnment , it has not identi fi ed any particular calls it anticipates using, and it is not required to do so . TI1e Government contends the motion to exclude all the calls without reference to any specific calls is premature. TI1e G overnment suggests that it is appropr iate to hold the motion in abeyance so the Court can address the issue when, and if, a call is tendered . At that time , the Court can r eview the content of the call, the purpose fo r which it is being offered, and assess the propriety of it admission . B ased on the G over nment's statements, the D efendant acknowledged that the Jail Calls M otion is moot, but reserves the r ight to r equest reconsideration if this issue arises during the trial. (5ee D oc . 109). 5 J oint Response to Court Order D ated August 19, 2025 (D oc. 109) filed September 2, 2025. 7 Case 7:23-cr-00024-WLS-ALS Document 120 Filed 10/27/25 Page 7 of 10
Based on the forego ing, the Court finds the Jail Calls Motion is moot. Accordingly, Defendant's Motion in I.imine to Exclude all Jail Calls (Doc. 76) is DENIED, WITHOUT PREJUDICE, as MOOT. 3. Prior Convictions Motion On June 27, 2025, the Government filed a Notice of In tent to I ntroduce E vidence of Defendant's P rior Convictions (Doc. 85). With respect thereto, Federal Rule of E vidence 404 provides : (b) Other Crimes, Wrongs, or Acts. (1) Prohibi ted Uses . E vidence of any other crime, wrong, or act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character . (2) Permi tted Uses . This evidence may be admissible for another purpose, such as proving motive , opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. (3) Notice in a Criminal Case . In a criminal case, the prosecutor must: (A) provide reasonable notice of any such evidence that the prosecutor intends to offer at trial, so that the defendant has a fair opportunity to meet it; (B) articulate in the notice the permitted purpose for which the prosecutor intends to offer the evidence and the reasoning that supports the purpose; and (C) do so in writing before trial--or in any form during trial if the court, for good cause, excuses lack of pretrial notice. Fed . R. E vid . 404(6). The Government intends to offer evidence of the following two convictions of Defendant : (1) on March 8, 2007, Defendant pled guilty to a lesser included offense of Pos session of Cocaine and was sentenced to four years imprisonment (see D oc . 85 at 3 & Doc. 85-1 at 2-4); and (2) on May 6, 2021, Defendan t pled guilty to Pos session of Methamphetamine and Pos session of a Firearm by a Convicted Felon and was sentenced to eight years imprisonment (see Doc . 85 at 3 & Doc . 85-2 at 1- 2). In the Prior Convictions Motion, Defendant indicates he "is willing to stipulate that he was a convicted felon at the time of the charges in this case and that he knew of his status as a convicted felon." (Doc . 77 at 2). TI1erefore, Defendant argues that all references to his prior criminal history should be excluded as prejudicial. TI1e Government agrees that if Defendant 8 Case 7:23-cr-00024-WLS-ALS Document 120 Filed 10/27/25 Page 8 of 10
stipulates to his prior conviction in order to prove elements 2 and 3 6 of Count Two of the Super seding I ndictment-P ossession of a Firearm by a Convicted Felon- then the Government will not move to admit evidence of his prior criminal history for that purpose. (Doc. 86 at 3). In addition, the Government contends that D efendant's prior criminal history may be relevant at trial for impeachment purposes or as evidence to prove knowledge, intent, and lack of mistake or accident . The Government re serves the right to seek to introduce evidence of Defendant's prior convictions for such other purposes, if appropriate. As to such other purposes, the Court find s that it would be unwise to make any ruling or findings as to the admissibility of the Defendant's prior criminal conduct, where the admissibility of such evidence will depend on the circumstances under which it is offered and the purpose for which it is offered. R ather, the Court will rule on the issue of admissibility at the appropriate time. If the Government seeks to introduce any information related to Defendant's prior criminal history or conduct for purposes other than as is apparently to be stipulated as noted above, it shall lay the proper foundation tl1at s uch evidence is relevant and admissible. TI1at foundation shall be presented upon proper notice to opposing counsel and the Court , and outside of the hearing of the jury. If, at that time, the Court deems Defendant's prior criminal history or conduct admissible for certain purposes, it will give an appropriate limiting instruction or instructions to the jury if, and when, the evidence is introduced, and in the final charge. III. C O NCL US I ON In summary, the re solution of the Motions is as follows: 1. Defendant's Motion to Dismiss Count T wo and Count Three (Doc. 74) 1s DE N IED, WITH PREJUDI CE. 6 The Government did not set out the elements of the offense of Possession of a Firearm by a Convicted Felon in its response to Defendant's motion to exclude his prior criminal history (Doc. 86), but it did set out those elements in its response to Defendant's motion to dismiss Counts Two and Three (Doc. 82 at 4) . In that do cument, elements 2 and 3 are: "(2) before possessing the firearm or ammunition, the Defendant had been convicted of a felony - a crime punishable by imprisonment for more than one year; and (3) at the time the Defendant possessed the firearm or ammunition, the Defendant knew he had previously been convicted of a felony." 9 Case 7:23-cr-00024-WLS-ALS Document 120 Filed 10/27/25 Page 9 of 10
2. D efendant's Motion in Limine to E xclude all R eferences to any Alleged "Controlled B uys" in this Case (Doc. 75) is DENIED, WITHOUT PREJUDICE, as MOOT . 3. D efendant's Motion in I.imine to E xclude all Jail Calls (Doc. 76) is DENIED, WITHOUT PREJ U DICE, as MOOT . 4. If D efendant stipulates, as noted, then for purposes of D efendant's knowledge that he was a convicted felon, D efendant's Motion in I.imine to E xclude all R eferences to Mr. Murray's P rior Criminal Hi story/ Agreement to Stipulate as to Status as Convicted Felon (Doc. 77) is DENIED, WITHO U T PREJ U DICE, as MOOT . R esolution of the admissibility of D efendant's prior criminal history for other purposes is held in abeyance and the Court will rule on its admissibility for such purposes at the appropriate time and outside the presence of the jury. SO ORDERED , this 27th day of October 2025. Isl W. Louis Sands W . LO U IS SANDS, SR. JU DGE U NITED STATES DISTRICT CO U RT 10 Case 7:23-cr-00024-WLS-ALS Document 120 Filed 10/27/25 Page 10 of 10
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