On May 30, 2007, Sergeant White and Officer Henning of the Wichita Police Department were on patrol in separate cars in Wichita, Kansas, when they heard gun shots. The officers both saw a white car speeding toward them and immediately began following the vehicle. Sergeant White initiated a traffic stop after the vehicle failed to signal a turn properly. As the vehicle pulled to a stop, the right front passenger jumped from the car and began fleeing on foot. Sergeant White pursued the passenger in his patrol car while Officer Henning continued to pursue the vehicle, which had since sped away.
Ultimately, the front passenger was apprehended, the vehicle was stopped, and the other five occupants of the vehicle, including Mr. Washington, were handcuffed and searched. Police found a .45 caliber pistol in the waistband of a woman passenger who had been seated either next to Mr. Washington or on his lap in the back seat. A different passenger stated that Mr. Washington had told the woman passenger to hide the gun in her waistband because the police officers would not search a woman. Police also found a silver .22 caliber semi-automatic pistol under the right front passenger seat. The officer who found the pistol testified that “anybody from the back or the front [seat] could have gotten to it.” Additionally, Mr. Washington told Officer Henning during a post-arrest interview that “I handled the .45 yesterday and the silver .22 just today.”
On November 15, 2007, a federal grand jury indicted Mr. Washington on two counts of being a felon in possession of a firearm. At the time, however, Mr. Washington was in the custody of the Kansas Department of Corrections (“KDOC”) for a probation violation based on the same events. Thus, the United States, through the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), lodged a detainer with the KDOC on November 21.
Jurisdiction: U.S. Court of Appeals, Tenth Circuit
|Circuit Court Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|John K. Henderson, Jr.||Office of the Federal Public Defender|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Brent I. Anderson||US Attorney's Office|