United States District Court, D. Montana, Billings Division
P. WATTERS United States District Judge
Dimarzio Swade Sanchez ("Sanchez") is charged with
First Degree Murder for the death of R.R., who was found
strangled and burned in a field within the exterior
boundaries of the Crow Indian Reservation. (Docs. 1 and 16).
Sanchez has moved under the Fifth and Sixth Amendments to
suppress statements made to law enforcement. (Doc. 54).
December 9, 2016, the Court held an evidentiary hearing. The
Court heard testimony from Bureau of Indian Affairs Special
Agent John Dodd ("Agent Dodd"), Bureau of Indian
Affairs Special Agent John Grinsell ("Agent
Grinsell"), and Northern Cheyenne Tribal Lay Advocate
Joe Waters ("Waters"). Having read and reviewed the
parties' submissions and having heard the testimony of
the witnesses noted above, the Court DENIES Sanchez's
Statement of facts.
morning of April 20, 2016, Sanchez was arrested by tribal
authorities on a bench warrant issued by the Northern
Cheyenne Tribal Court for failing to appear in court on an
unrelated charge. (Doc. 77-1 at 1). Sanchez was booked and
held in custody at the tribal jail. (Doc. 77-1 at 2).
that day, around 2:00 PM, Agent Dodd and Agent Grinsell
arrived at the tribal jail and asked if Sanchez would answer
some questions. Sanchez agreed to speak with them. (Doc.
101-1 at 6). Sanchez, Agent Grinsell, and Agent Dodd went to
a room to speak. Both Agent Grinsell and Agent Dodd assured
Sanchez he could stop speaking with them at any point. (Doc.
101-1 at 6-7). Agent Dodd provided Sanchez with a statement
of rights. (Doc. 101-1 at 9; Doc. 57 at 7). The following
Sanchez: Won't I get a lawyer?
Agent Dodd: Do you have one?
Agent Dodd: Who is your lawyer?
Sanchez: Joe Waters, bestest lawyer on Lame Deer Res.
Agent Dodd: Okay. Have you - have you already spoken to Joe?
Does he know he's your lawyer?
Sanchez: Yeah, he knows he's my lawyer.
Agent Dodd: This? Okay. All right. So we make contact with
Agent Dodd: ...