PRESIDENT Judge Roberto C. Naraja has denied the motion to suppress evidence in the case of Dennis Sánchez Reyes, accused of breaking into and stealing firearms at a Tinian shooting range.
In his 13-page order, Judge Naraja said that “the warrantless inventory search of the defendant’s government vehicle was lawful pursuant to NMIAC § 150-100-115(b) … and the evidence obtained from the research carried out does not need to be deleted”.
Regarding Reyes’ statements to the police on September 28 and 27, 2022, Judge Naraja concluded that “the totality of the circumstances shows, by a preponderance of the evidence, that the accused was aware and capable of voluntary, conscious and intelligent action. waive their rights”.
Additionally, the court “found no evidence that the officers threatened the defendant, used harsh language, or coerced him in any way.”
Reyes, 35, was charged with nine counts of illegal possession of a firearm, two counts of not having a firearm owner’s registration card, two counts of prohibited sale and transfer of a firearm and one of illegal possession of ammunition.
On December 27, 2022, Reyes filed a motion to suppress evidence, saying his “constitutional rights were violated on August 19, 2022, when his vehicle was illegally searched without a warrant, and , again on September 26, 2022, when he was subjected to a custodial interrogation to which he did not knowingly, intelligently and voluntarily consent.”
Reyes sought to suppress “any evidence, statements, or observations obtained by law enforcement after they began their illegal search, including firearms, ammunition, and any alleged statements made. [by defendant] to the investigating agents”.
Assistant Public Defender Tyler Scott represented Reyes while Assistant Attorney General Steven Kessel appeared for the government.
According to the complaint against Reyes, on August 19, 2022, at approximately 6:53 p.m., a police officer conducted a trespassing stop on a Department of Public Works government vehicle that was being operated by Reyes after hours usual work
Police said an initial inventory of the vehicle resulted in the discovery of numerous spent and unspent .22 caliber cartridges, empty ammunition boxes and numerous cut/damaged gun trigger locks.
After consulting with the resident director of Tinian DPS, police officers conducted a patrol of the American Gun Club shooting range in the Kastiyu/Suicide Cliff area of Tinian to check that the establishment was safe and secure.
Tinian DPS police officers were aware that the establishment had stored firearms and ammunition there even though it had ceased operations.
Upon arriving at the shooting range, police officers saw evidence of forced entry at the front door and window. Inside, officers saw empty handgun boxes, lubricants and a tire wrench.
The janitor at the shooting range told police that there were 24 firearms and a large amount of ammunition inside the shooting range.
A subsequent police investigation revealed that Reyes was selling firearms.
Keys taken as evidence from the shooting range were used to see if any belonged to the gun locks found in the DPW vehicle operated by Reyes on the night of August 19, 2022.
Police said 18 gun locks were opened with keys acquired at the shooting range.
Tinian DPS also conducted a “purchase operation” with a “cooperating source”.
With the $300 provided by police, the cooperating source purchased a Beretta M9 pistol and two handgun magazine clips from Reyes.
The cooperating source said Reyes also gave him a Ruger mini-rifle, a rifle magazine clip and 9mm ammunition for free.
Police said all the firearms belonged to the American Gun Club shooting range.
