2:16-cr-04024-SRB-7 USA v. Nawaz Et Al Transcript of Hearing On Arraignment and Detention

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IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION
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UNITED STATES OF AMERICA,
) Case No.16-4024-06-10/12-CR-C-SRB
)
Plaintiff,
) Jefferson City, Missouri
) April 29, 2016
v.
)
)
JASON LEE HOUSTON,
)
SHAWN MICHAEL BROWNING,
)
TIMOTHY CHRISTOPHER SANDFORT, )
JOSHUA ADAM SHEETS,
)
BRANDON DEREK RADER,
)
CASEY DEWAYNE MILLER,
)
)
Defendants.
)
______________________________)
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TRANSCRIPT OF HEARING ON ARRAIGNMENT AND DETENTION

BEFORE THE HONORABLE MATT J. WHITWORTH
UNITED STATES MAGISTRATE JUDGE
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APPEARANCES:
For the Plaintiff:
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Michael S. Oliver, Esq.

Assistant United States Attorney
80 Lafayette St., Ste. 2100
Jefferson City, MO 65101
(573) 634-8214
For Def. Houston:
Arturo A. Hernandez, III, Esq.

1820 Sun Valley
(573) 616-1486
For Def. Browning:
Christopher R. Hayes, Esq.

601 Monroe Street, Ste. 340
(573) 556-6606
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Case 2:16-cr-04024-SRB Document 125 Filed 07/11/16 Page 1 of 62
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For Def. Sandfort:
John T. Murray, Esq.

911 Edgewood Avenue
Columbia, MO 65203
(573) 443-4781
For Def. Sheets:
Nicholas Brown, Esq.

300-B East High Street
(573) 636-9974
For Def. Rader:
Justin W. Coke, Esq.

3610 Buttonwood, Ste. 200
Columbia, MO 65203
(573) 886-8919
For Def. Miller:
Kevin OBrien, Esq.

28 N. 8th Street, Ste. 512
Columbia, MO 65201
(573) 442-5944
Court Audio Operator:
Ms. Jeri Russel
Transcribed by:
Rapid Transcript
Lissa C. Whittaker
1001 West 65th Street
Kansas City, MO 64113
(816) 914-3613
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Proceedings recorded by electronic sound recording, transcript

produced by transcription service.
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(Court in Session at 10:15 a.m.)
THE COURT:
Okay.
Were here this morning for the -- I
believe were doing arraignments as well, is that correct, Ms.
Russel?
MR. HERNANDEZ:
MS. RUSSEL:
THE COURT:
Yes, Your Honor.
Correct.
Were here for the arraignments and
detention hearing in the case of United States vs. -- do you have
the Indictment?
Oh, here, I have one right here -- Raja Amer
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Nawaz et al., Case No. 16-4024.
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of appearance of counsel.
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Assistant U.S. Attorney, is appearing on behalf of the United
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States.
MR. COKE:
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THE COURT:
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MS. RUSSEL:
Justin Coke for Brandon Rader.

Good morning.
Gentlemen, please make sure youre in front
of a microphone or we wont get it all.
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(Off Record Talking)
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THE COURT:
Do we have a -- can we get a microphone to
pass?
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MS. RUSSEL:
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THE COURT:
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MR. COKE:
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THE COURT:
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I would note that Mike Oliver,
And lets just start and go down the line.
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Lets start off by getting entry
Sure.
Right on the counter.
Do we have a microphone we can pass around?

Lets do that, if we can.
Lets see if it
works.
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(Testing Microphone)
THE COURT:
MR. COKE:
THE COURT:
MR. COKE:
THE COURT:
MR. HERNANDEZ:
THE COURT:
MR. MURRAY:
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THE COURT:
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MR. OBRIEN:
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THE COURT:
Good morning, Mr. Murray.
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MR. HAYES:
Chris Hayes for Shawn Browning.
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THE COURT:
Good morning.
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MR. HAYES:
Yes, sir.
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THE COURT:
And?
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MR. BROWN:
And Nicholas Brown for Joshua Sheets.
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THE COURT:
Okay.
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Sounds like it.

Yeah.
Yeah.
Good morning, Mr. Coke.
Art Hernandez for Jason Houston.
Good morning, Mr. Hernandez.

John Murray for Timothy Sandfort.
Good morning, Mr. Murray.
Kevin OBrien for Casey Miller.
Have counsel each been given a copy of the Indictment?
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ALL ATTORNEYS:
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THE COURT:
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Lets start off with the Indictment.
yes.
Yes.
All right.
Everybody is nodding their head
Have you had a chance to go over --
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MR. OBRIEN:
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THE COURT:
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MS. RUSSEL:
I dont have a copy of the Indictment.

Oh, you dont?
Yeah.
Can we get a copy for Kevin?
Ill go get one.
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THE COURT:
Yeah.
Kevin, well get you one in just a
minute.
MR. OBRIEN:
THE COURT:
Thank you.
Let me ask each of you, is there anyone who
has not had the opportunity yet to discuss the charges with your
client?
MR. BROWN:
I havent.
THE COURT:
Okay.
MR. OBRIEN:
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THE COURT:
I have not.
Mr. Brown and Mr. OBrien.
Okay.
Lets
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wait till -- lets just relax a minute until we can get you a
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copy of the Indictment.
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the pleas of each defendant.
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of reading this Indictment, its going to -- it is 29 pages long.
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Mr. Hernandez?
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MR. HERNANDEZ:
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plea of not guilty.
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THE COURT:
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MR. HERNANDEZ:
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And then what I want to do is to take

And if we can avoid the possibility
Yes, Judge.
Thats right.
Weve already entered a
We took --
Thats already been added to CM/ECF
yesterday.
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THE COURT:
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MR. HERNANDEZ:
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THE COURT:
Okay.
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MR. BROWN:
Judge, would you mind if I took a moment to
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Yeah.
Your client has been taken care of.
Yes, sir.
speak to Mr. Sheets and see if he understands the charges?
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THE COURT:
No, not at all.
MR. BROWN:
Thank you.
THE COURT:
In fact, if you all want to talk to your
clients, go ahead.
back.
Well just wait till Ms. Richenberger comes
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THE COURT:
remaining defendants?
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Mr. Oliver, whats the status of the
MR. OLIVER:
Your Honor, there are hearings set on May
10th for their first appearances.
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THE COURT:
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MR. OLIVER:
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THE COURT:
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MR. OLIVER:
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THE COURT:
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Out in California?
No, here.
Oh, okay.
Judge, may Mr. Coke and I approach?
Absolutely.
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THE COURT:
All right.
Then Ill grant that request.
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And for the record, the motion for detention on -- with respect
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to Mr. Rader has been withdrawn.
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moot.
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Coke, after we do the arraignment, you can take off.
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Its up to you.
Or youre withdrawing -- okay.
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So, we can just deny that as

So, if you want to, Mr.
All right.

THE COURT:
Okay.
All right.
Mr. Sandfort.
Okay.
Then we will -- we can deny that as moot or just show it
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withdrawn, whatever you want to do.
arraignment, John, if you want to, you can just leave.
MR. MURRAY:
THE COURT:
MR. MURRAY:
THE COURT:
So, after we do the
Im sorry?
After we do arraignment, -Yeah.
-- you can take off if you want to, but
youre welcome to stay.
Its up to you.
MR. OLIVER:
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MR. HAYES:
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MR. OLIVER:
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THE COURT:
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Okay.
Mr. Hayes, which one is your client?

Shawn Browning.
(Inaudible).
Mr. OBrien, who is your client again?
sorry.
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MR. OBRIEN:
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THE COURT:
Okay.
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MR. HAYES:
Number 7, Shawn Browning.
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THE COURT:
Sorry.
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Mr. Miller, Your Honor.

Thank you.
I didnt write this down when I
asked you earlier.

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THE COURT:
Okay.
Have you had a chance yet to discuss
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the charges with your clients?
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time?
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And, Chris, who is your
client?
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Im
MR. OBRIEN:
Kevin, do you need a little more
Weve talked, Your Honor.
Were going to
enter pleas of not guilty.
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THE COURT:
Okay.
All right.
Gentlemen, because of the
length of this Indictment, I prefer rather not to read it.
should each have a copy.
all counsel will be entering pleas of not guilty as to all counts
in the Indictment, is that correct?
ALL ATTORNEYS:
THE COURT:
You
Ill note for the record, assuming that
Thats correct, Your Honor.
Anybody not agree with that?
All right.
And with respect to the Forfeiture Allegations, there are
criminal Forfeiture Allegations in the Indictment.
Im going to
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note all defendants at this point oppose the Forfeiture
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Allegations in the Indictment.
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defendants, and if you dont understand the charges or the
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possible punishment in the Indictment, just lift your hand and
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let me know and well make sure that you understand that.
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there any member of the defendants who are here charged in court
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that does not understand what they are charged with in the
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Indictment?
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understand what the maximum possible punishment is under the
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Indictment?
Its all set forth on the front page of the
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Indictment.
Is there anyone here who does not understand the
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possible punishment?
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enter pleas of not guilty on behalf of each defendant in this
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case.
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several defendants that have not even appeared yet in court, so
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were going to have to get them all arraigned.
Okay.
And let me ask each of the
I see no hands.
Okay.
Is
Is there anyone who does not
I see no responses.
The case is set for trial on May 31.
So, I will
There are still
And my plan would
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be once we get everybody in, well set up a telephone conference
call where the lawyers can call in, so you wont have to come
down to the courthouse.
obviously several months out, where we can agree upon a date for
the trial.
detained today, you know, your view of when we want to try the
case may change because your client may be sitting in custody.
So, keep that in mind.
objections you have today on -- with respect to your clients
And then well try to find a date,
Of course those who -- if anybody happens to be
And please feel free to lodge any
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positions.
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continuance from that May 31st first setting, will you oppose
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that?
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Mr. Oliver, if any of the defendants ask for a
MR. OLIVER:
No, Your Honor, I wont.
Ive already had
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discussions with Mr. Hernandez.
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there will be a motion filed to declare this case complex and a
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motion to continue the case so that when we have our
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teleconference, well be able to talk a little bit more
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realistically about a trial date.
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THE COURT:
Okay.
And its my expectation that
Well, I can assure you as long as one
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of the defendants and their counsel file a motion to continue
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with a speedy trial waiver, because this is a conspiracy case, I
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will grant the motion.
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31st date is going to hold.
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ahead.
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trial on July 11th, beginning July 11th and July 18th.
So, its highly doubtful that the May

But just so you can kind of think
The other options coming up are -- theres a two-week

Theres a
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two-week trial on August 15 -- a two-week docket on August 15th
and August 22nd, and then also on September 19th and September
26th.
start thinking about, maybe talking with each other on e-mail to
decide what would be a good time for you.
volume of discovery is in this case, but I anticipate it is
pretty voluminous.
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So, looking ahead those are some dates you might want to
Im not sure what the
Is that accurate, Mr. Oliver?
MR. OLIVER:
Judge, thats entirely accurate.
There is
over a terabyte of digital information in the form of computer
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forensics.
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with records over a four-year period that are relevant to the --
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actually its a 2 year period on the Missouri accounts and a
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longer period on the California accounts, but a substantial
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amount of bank records and a substantial number of police reports
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from multiple federal and state agencies in both California,
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Missouri, and Nevada.
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There are literally a dozen or more bank accounts
THE COURT:
For those of us that arent computer
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literate, what does a terabyte mean in terms of pages,
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approximately?
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MR. OLIVER:
Its so big.
I couldnt tell you on the
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pages, Judge, because a lot of the data in there is not page
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delineated.
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THE COURT:
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MR. OLIVER:
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All right.
Its simply information delineated.
terabyte of data has to fit on an external drive.
But a
It wont fit
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on the computer, on a laptop.
THE COURT:
Okay.
Well, I would ask that when the
defense attorneys come in to begin looking at the discovery, that
you have somebody there to try to explain to each of the defense
attorneys which discovery is applicable to each defendant to help
them a little bit and give them some guidance in what they should
be looking at.
MR. OLIVER:
THE COURT:
Yes, sir.
I know they have to look at all of it, but
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some of it is going to be more important than the rest of it.
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So, that would be appreciated.
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MR. OLIVER:
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THE COURT:
Yes, sir.
All right.
Okay.
Lets move next to the
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detention hearing.
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Sandfort and Brandon Rader has been withdrawn.
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defendants -- or the Court -- or the defendant -- excuse me.
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prosecution is not asking the Court to keep you in custody.
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looked at the Pretrial Services Reports and I see no need to keep
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either of these defendants in custody.
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order of release as to Mr. Sandfort and Mr. Rader.
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defense counsel for Mr. Rader, Justin Coke, and for Mr. Sandfort,
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John Murray.
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hearing?
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I would note that the Motion to Detain Tim

So, those two
The
Ive
I am going to enter an
Let me ask
Do you all want to stay here for the detention
MR. COKE:
If its not necessary, might I leave?
Ive
got plenty of other stuff I need to be dealing with.
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THE COURT:
MR. MURRAY:
THE COURT:
Okay.
Same thing, Your Honor.
All right.
Well, then Ill go ahead and go
over the conditions of release with your clients and so they can
get on their way.
wont know what my ruling is going to be with them until Ive
actually heard the evidence, so.
Browning, could you lift your hands so I know.
Browning?
With respect to the remaining defendants, I
Okay.
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MR. BROWNING:
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THE COURT:
And, Mr. Rader?
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MR. RADER:
Yes, sir.
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THE COURT:
Okay.
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Youre Mr.
Yes, sir.
All right.
Now, this is a -- these
are orders of release.
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Mr. Rader and Mr.
MR. OLIVER:
Judge, its Mr. Sandfort and Mr. Rader.
believe you might have said Browning.
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THE COURT:
Okay.
I meant -- I apologize.
Mr.
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Sandfort.
Okay.
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Browning.
All right.
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you must follow.
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on it and youve signed off on it.
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these orders of release youll be able to stay out pending the
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disposition of your charges.
Each of these -- Im going to read
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what applies to each of you.
So, first, you must not violate any
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federal, state, or local law while on release.
You two right here.
All right.
Sorry, Mr.
These are the conditions of release that
Youll get a copy of this after Ive signed off

And as long as you follow
Second, you must
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cooperate in the collection of a DNA sample if it is requested
and authorized under Title 42.
or the Pretrial Services Office or supervising officer in writing
before making any change of residence or telephone number.
Fourth, you must appear in court as required.
you must surrender as directed to serve a sentence that the court
may impose.
report for supervision to the Pretrial Services Office as
directed.
Third, you must advise the court
And if convicted,
Each of you must submit to supervision by, and
You must continue or actively seek employment.
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Browning -- Im sorry.
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paperwork here.
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international travel document.
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passport?
Mr. Sandfort.
Mr.
Let me get the right
Each of you may not obtain a passport or other
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MR. SANDFORT:
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MR. RADER:
No, sir.
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THE COURT:
All right.
Do either one of you have a
No, sir.
You must -- you may not leave
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the state of Missouri without the prior permission of the
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Pretrial Services Office.
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reason out of state just make sure that you contact Pretrial
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Services and let them know that you -- it might be some family
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matter or work-related issue.
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youre going and get their permission.
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letting you travel as long as its not out of the country and
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just so they know where youre at.
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contact, directly or indirectly, with any person who is or may be
So, if you need to travel for some
You need to let them know where

Im very lenient about
Okay?
You must avoid all
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a victim or witness in the investigation or prosecution,
including any co-defendants.
may contact with Tim Sandfort while youre at work, but you
should not have contact with Mr. Sandfort outside of work.
And with respect to Mr. Sandfort, you may have contact with Mr.
Rader while youre at work, but not outside of work.
possess a firearm, destructive device or other weapon.
either one of you have firearms in your house for hunting or
whatever, you need to have those removed and --
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MR. SANDFORT:
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THE COURT:
And with respect to Mr. Rader, you
Okay.
You may not

So, if
They already have been.
Okay.
Because youll have visits sometimes
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from the Probation Office and its the standard rule.
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have -- defendants under supervision cant have any weapons at
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the house when the officers are coming out.
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use alcohol excessively.
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narcotic drug or other controlled substance defined in 21 U.S.
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Code 802, unless prescribed by a licensed medical practitioner.
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You must submit to testing for a prohibited substance if required
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by the Pretrial Services Office or supervising officer.
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may be used with random frequency and may include urine testing,
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the wearing of a sweat patch, a remote alcohol testing system
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and/or any form of prohibited substance screening or testing.
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You must not obstruct, attempt to obstruct or tamper with the
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efficiency and accuracy of prohibited substance screening or
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testing.
Okay.
You cant
You may not
You may not use or unlawfully possess a
Testing
You must participate in a program of in-patient or out-
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patient substance abuse therapy and counseling if directed by the
Pretrial Services Office or supervising officer.
as soon as possible to the Pretrial Services Office or
supervising officer every contact that you have with law
enforcement personnel, including arrests, questioning or traffic
stops.
supermarket and you say hi to them, you dont have to report
that.
interview you or about some allegation or if you get a ticket or
You must report
Now, if you see a police officer that you know at the
Im talking about official contact where they come to
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anything like that.
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to Pretrial Services.
Any official contact you need to report that

Okay?
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MR. SANDFORT:
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MR. RADER:
Okay.
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THE COURT:
All right.
Okay.
Okay.
Im going to sign each of
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these documents.
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release, it can result in you -- in the Court issuing a warrant
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for your arrest.
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listed on page 3.
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experienced lawyers and they can answer any questions that you
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may have in this regard.
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warning.
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youre on bond very seriously.
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I dont know if either one of you do or not, you may -- hopefully
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you dont.
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drug tests, likely theres going to be a warrant issued for your
If you violate the terms of these orders of
And there are other possible penalties that are

Youll get a copy of this.
Both of you have
Let me just give each of you a fair
I take the rules on not using illegal drugs while

And if you start using drugs, and
But I will tell you that if we start getting positive
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arrest.
So, just remember that.
MR. SANDFORT:
THE COURT:
Okay.
It wont be an issue.
Good.
Do you have a pen?
I appreciate it. Thank you.
Thank you, sir.
Okay.
THE COURT:
Okay.
Now, if -- Mr. Coke, if you and Mr.
Murray want to leave, your clients are welcome to leave if theyd
like.
here?
Unless the Marshals -- is it easier for them to just stay
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U.S. MARSHAL:
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THE COURT:
Yes.
Okay.
Well just have them sit in and they
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can listen.
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morning.
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Mr. Miller and Mr. Sheets on the issue of detention.
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ready to proceed?
Okay.
Okay.
Thank you very much for your time this
That leaves us with Mr. Houston, Mr. Browning,
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MR. OLIVER:
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THE COURT:
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MR. OLIVER:
Are you
Yes, Your Honor.

Okay.
Call your first witness.
Judge, initially I would offer to stipulate
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with respect to each of the Pretrial Services Reports that the
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Pretrial Service officer who prepared the report would testify
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consistently with the information contained in the report with
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regard to the factual information, not with regard to any
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recommendation or assessment.
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THE COURT:
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MR. OLIVER:
All right.
With regard to Mr. Houston, Jaime Drummond
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prepared that report and she is here.
Browning, Angela Palmerton prepared that report and she is
present in the courtroom.
report and Ms. Palmerton prepared Mr. Millers report.
THE COURT:
With regard to Mr.
Ms. Drummond prepared Mr. Sheets
All right.
Thank you.
Let me ask counsel,
Mr. Brown, Mr. Hayes, Mr. OBrien, and, Mr. Hernandez, would each
of you be willing to stipulate that if called to testify, Ms.
Drummond and Ms. Palmerton would testify consistent with the
contents of their report?
And Im not necessarily asking you to
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agree with everything in there, but at least that the Pretrial
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Services officer would say the things that are written in the
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report?
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MR. BROWN:
We will stipulate to that, Your Honor.
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THE COURT:
All right.
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MR. HAYES:
Yes, Your Honor.
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MR. HERNANDEZ:
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MR. OBRIEN:
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THE COURT:
No objection, Your Honor.

Well stipulate to that report.
Okay.
All right.
Then I will consider as
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evidence the Pretrial Services Reports that were submitted with
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respect to Mr. Houston, Mr. Miller, Mr. Browning and Mr. Sheets.
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Okay.
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Mr. Oliver, do you have any additional evidence?

MR. OLIVER:
Yes, Your Honor.
Judge, I have Special
Agent Jeff Abbott with IRS-CI here in the courtroom.
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THE COURT:
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MR. OLIVER:
Okay.
Your Honor, may I have permission to
Abbott - Direct
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conduct the examination from here where I can --
THE COURT:
MR. OLIVER:
THE COURT:
microphone up.
Absolutely.
-- use the laptop.
Just make sure youve got -- pull that
Yeah.
JEFF ABBOTT, GOVERNMENTS WITNESS, SWORN
THE COURT:
Please be seated.
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DIRECT EXAMINATION
BY MR. OLIVER:
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Q.
Sir, will you please state your name for the record?
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A.
Jeff Abbott, A-B-B-O-T-T.
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Q.
Mr. Abbott, how are you employed?
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A.
Im a Special Agent with the Internal Revenue Service.
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Q.
And how long have you been so employed?
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A.
Since June of 2001.
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Q.
During that time have you investigated financial crimes
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associated with drug crimes and fraud crimes?
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A.
Yes, I have.
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Q.
And are you one of the case agents in the Indictment that was
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returned on April 20th?
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A.
Yes, I am.
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Q.
Was your participation in the case -- did your participation
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in the case include participation in the execution of search
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warrants on July 16th of 2015?
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A.
Yes.
Abbott - Direct
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Q.
At what location were you physically present on that date?
A.
One of the locations I was present at was 601 Airway Drive,
the Inscentives Resale Store.
Q.
And at that location was a firearm seized from the store?
A.
Yes, it was.
Q.
And can you tell the Court where that firearm was seized
from?
A.
a cooler.
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It was seized from a Winchester safe in what was described as
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Q.
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search warrant was executed?
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A.
Yes, it was.
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Q.
Did you seek someone to give you the combination to that
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safe?
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A.
Yes.
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Q.
Who was that?
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A.
Mr. Houston.
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Q.
And what -- were you granted the combination to the safe?
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A.
No.
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Q.
Why?
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A.
Because there was a firearm in the safe and Mr. Houston is a
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-- was a convicted felon at the time.
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Q.
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S&J Tobacco on the same date?
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A.
And with regard to that safe, was the safe locked when the
Are you familiar with the execution of a search warrant at
I am.
Abbott - Direct
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Q.
And that was located in Holts Summit, Missouri?
A.
That is correct.
Q.
On the outer access road next to Highway 54 just after the
first exit after the bridge?
A.
Yes, sir, thats correct.
6
7
THE COURT:
Let me just interrupt for one.
The first
business was, what was it, Incense?
THE WITNESS:
THE COURT:
Inscentives Resale.
10
THE WITNESS:
11
THE COURT:
Incense?
I-N-S-C-E-N-T-I-V-E-S.
Okay.
12
BY MR. OLIVER:
13
Q.
14
picture of the weapon you just described?
15
A.
Yes.
16
Q.
You also said you were familiar with the execution of a
17
search warrant at S&J Tobacco.
18
Halifax Road in Holts Summit?
19
A.
Yes, sir.
20
Q.
Was a firearm also seized at that location?
21
A.
It was.
22
Q.
Does that picture that appears in front of you depict the
23
firearm on the right upper quadrant of the picture?
24
A.
Yes.
25
Q.
Is it laying on a desk with the magazine removed?
On the screen in front of you and all the monitors, is that a
I believe the address is 1753
Abbott - Direct
21
A.
It is.
Q.
Are you also familiar with the execution of a search warrant
at 606 Walker Lane in Callaway County, Missouri?
A.
Yes.
Q.
Are you familiar with whose residence that is?
A.
Mr. Brownings residence.
Q.
Were any firearms seized from that location?
A.
Yes, there were.
Q.
This slide depicts two pictures.
A picture on the left is a
10
box and then a picture on the right is a table.
11
in each photo?
12
A.
13
residence.
14
Q.
Not one or two, but more than a dozen?
15
A.
A number of them, yes.
16
Q.
Did you also have occasion during the course of this
17
investigation to conduct a financial investigation?
18
A.
I did.
19
Q.
Did you obtain cashiers checks that were purchased in the
20
names of the defendants in this case, including their businesses?
21
A.
Yes.
22
Q.
Was the approximate value of the cashiers checks that were
23
written to providers of synthetic cannabinoids in the
24
neighborhood of $2.9 million?
25
A.
What do you see
I see firearms that were seized from Mr. Brownings
Yes, it was.
Abbott - Direct
22
Q.
What do you see on the next slide?
A.
That is a signature card for a bank account at United Credit
Union.
Stop Pawn and Aromatherapy.
Q.
account?
A.
Jason Houstons and Brandon Raders.
Q.
Does this slide depict a cashiers check that is
representative of cashiers checks that were purchased in the
And the bank account was in the name of First Stop Last
And whose signatures appear on that signature card for that
10
course of these conspiracies?
11
A.
Yes.
12
Q.
And the particular cashiers check that appears on the
13
screen, who is the remitter on that?
14
A.
Chris Sandfort.
15
Q.
And where did he work?
16
A.
He worked at Inscentives.
17
Q.
And who was the payee on that cashiers check?
18
A.
MOJO Industries.
19
Q.
And was that the company owned and operated by Raja Nawaz,
20
the lead defendant in this case?
21
A.
Yes, it is.
22
Q.
Is this another cashiers check representative of the ones
23
that you seized during the course of the investigation?
24
A.
Yes, it is.
25
Q.
Who is the remitter on this check?
Abbott - Direct
23
A.
Jason Houston.
Q.
To whom is it made out?
A.
MOJO Distribution.
Q.
What appears on the slide before you now?
A.
Its another signature card for a bank account.
a Central Bank Account and the signatures on this account are Mr.
Sandfort and Ms. Shirley.
Q.
What appears on the screen now?
A.
A signature card from United Credit Union for Inscentives
This one is
10
Auto bank account.
11
Q.
And who is the signatory on that account?
12
A.
Mr. Rader.
13
Q.
Inscentives Auto didnt distribute synthetic cannabinoids
14
from its business location, did it?
15
A.
Not that were aware of, no.
16
Q.
Were hundreds of thousands of dollars of cashiers checks
17
written in the name of that business in order to purchase
18
synthetic cannabinoids?
19
A.
Yes, they were.
20
Q.
What does this slide depict?
21
A.
Signature card for Essentials Resale.
22
those -- the signature persons on that card are Mr. Browning and
23
Mr. Sheets.
24
Q.
What does this slide depict?
25
A.
A cashiers check remitted by Mr. Browning made payable to
And the signatures on
Abbott - Direct
24
MOJO Distribution.
Q.
What appears on this sheet?
A.
A United Credit Union bank check made payable to Butler-
Whayne Industries.
Stop Last Stop.
Q.
Pawn and Aromatherapy?
A.
Pawn and Aromatherapy, yes.
Q.
On November 25th of 2013, what does this teller ticket show?
A.
It shows a cash in amount into Central Bank of $13,281.
10
Q.
Cash?
11
A.
Cash.
12
Q.
What is the document that appears on the right?
13
A.
Its a Central Bank bank check identifying the remitter as
14
Dara Shirley made payable to MOJO Distribution.
15
Q.
And what was the amount of that check?
16
A.
$13,250.43.
17
Q.
What does the checking deposit ticket indicate?
18
A.
That there was a deposit to the Central Bank account ending
19
in 47202 of $27.57.
20
Q.
21
it and the value of the cashiers check that was purchased that
22
day naming Dara Shirley as the remitter?
23
A.
Yes, it is.
24
Q.
And was that a deposit into the bank account of Inscentives
25
Resale?
And its written off of the -- its First
Is that the difference between the amount of cash brought to
Abbott - Direct
25
A.
It was.
Q.
Is this a receipt for a cashiers check?
A.
Yes, it is.
Q.
With Brandon Rader as the remitter?
A.
Yes.
Q.
In the amount of $3,400?
A.
Yes.
Q.
What does this sheet reflect?
A.
This is another purchase, a cashiers check made payable to
10
R. Nawaz, and the remitter on this one is Josh Sheets.
11
Q.
And it was payable to who?
12
A.
R. Nawaz.
13
Q.
And who is R. Nawaz?
14
A.
R. Nawaz was the owner and operator of MOJO Distribution.
15
Q.
Was he also the principal of Aromatic Novelties, Top Notch
16
Novelties, and a silent partner in ANOP?
17
A.
Yes, he was.
18
Q.
19
A.
A picture of a sign that reads, Kill K2.
20
kids.
21
Q.
22
on June 26th of 2014?
23
A.
24
text that it was associated with this reads, Look what I just
25
seen in a ladys yard.
It is killing our
Was that photograph texted to Shawn Michael Brownings iPhone
Yes, from a phone number that Im not familiar with, but the
Abbott - Direct
26
Q.
computer reveal that he did something with that photograph?
A.
Yes, he forwarded it, texted it.
Q.
To whom did he text it?
A.
He texted it to a phone number that he identified in his
phone as Jason Houston, a phone number he identified in his phone
as Josh Sheets, and a phone number he identified in his phone as
Sandfort New.
Q.
And shortly after that did your review of Mr. Brownings
I want to direct your attention to September the 15th of
10
2014.
11
Missouri Police Department responded to a fatal car accident on
12
Missouri Boulevard?
13
A.
I am.
14
Q.
Can you relate to the Court what the police reports in that
15
incident revealed?
16
A.
17
business on Missouri Boulevard.
18
Boulevard.
19
Took two hits, he passed out and crossed the centerline.
20
head-on collision with an oncoming vehicle and a 57-year-old lady
21
died of injuries resulting from that crash.
22
Q.
23
cigarette interviewed by the police at the hospital?
24
A.
He was.
25
Q.
And did he indicate where he purchased the substance that he
Are you familiar with the fact that the Jefferson City,
There was a young man that had just purchased a car from a
He started driving down Missouri
He had a rolled joint with synthetic marijuana in it.

Had a
Was the individual who was smoking that synthetic cannabinoid
Abbott - Direct
27
was smoking?
A.
He did.
Q.
And was that substance sold under the trade name of Chill
Out?
A.
Yes, it was.
Q.
Was it tested by the Missouri State Highway Patrol
Laboratory?
A.
It was.
Q.
And did it test positive for 5F-AMB?
10
A.
Yes, it did.
11
Q.
That is a controlled substance analogue?
12
A.
Yes, it is.
13
Q.
14
A.
This is an image that was also taken off of Mr. Brownings
15
computer.
16
Q.
17
does the image say?
18
A.
19
Versus Now, is the heading.
20
created criminals.
21
so it shows folks drinking at a bar.
22
the mafia, and theres a picture of Al Capone.
23
that, Created dangerous alternatives, and it shows individuals
24
doing what appears to be making moonshine.
25
Q.
From S&J Tobacco in Holts Summit.
And can you read, for those that may not be able to see, what
Sure.
This sheet is really two columns.
Prohibition Then
Top left column it says, It
This looks like its prohibition of alcohol,

Underneath that, Created
And then under
And on the right-hand side of the photo?
Abbott - Direct
28
A.
smoking from what appears to be a bong.
picture of Pablo Escobar.
dangerous alternatives, and theres a picture of K2.
Q.
computer?
A.
I did.
Q.
And had he backed his iPhone up to the computer?
A.
Yes, he had.
10
Q.
And did this -- how did this photo arrive on the iPhone which
11
was backed up to the computer?
12
A.
13
in his phone as TyLovesBigCock.
14
Q.
15
drug alternatives like K2 and they have that on their phone, what
16
does that say to you --
17
A.
It says that --
18
Q.
-- about how they view themselves?
19
A.
It says to me they view themselves as somebody who is selling
20
what he knows to be as a dangerous alternative to marijuana.
21
Q.
22
County Sheriffs Office conducted video surveillance in the area
23
of S&J Tobacco on November 23rd of 2014?
24
A.
Yes, I am.
25
Q.
Are you familiar with the video that appears upon the board?
Creating criminals.
It shows some guys standing around

Created the cartel, a
And underneath that it says, Created
Did you find this image when searching Mr. Brownings
It was forwarded to Mr. Browning from somebody he identified
So, lets go to the image.
If somebody is selling dangerous
And lastly, are you familiar with the fact that Callaway
Abbott - Direct
1
A.
Yes, I am.
Q.
Is it a 27-second-long video?
A.
Yes.
Q.
And that was taken by deputies with the Callaway County
Sheriffs Office?
A.
Yes, it was.
Q.
Does that fairly and accurately represent the area that --
youve watched this video?
A.
I have.
10
Q.
Does it fairly and accurately represent the area of S&J
11
Tobacco?
12
A.
13
street, S&Js will be on the right-hand side.
It does.
29
As youre looking out the car window here down the
14
MR. OLIVER:
15
THE COURT:
16
MR. OLIVER:
17
THE COURT:
18
ALL ATTORNEYS:
19
THE COURT:
20
Permission to play the videotape?

Whats the date of the -November 23rd, 2014.
Any objection?
Okay.
Go ahead.
(Videotape Played for Court)
21
THE WITNESS:
22
the right, thats S&J.
23
BY MR. OLIVER:
24
Q.
25
54?
Okay.
Where you see the cars lined up on
Those cars are packed up under the access road off Highway
Abbott - Direct
30
A.
Yes, sir.
Q.
And theres a drive-up window and those cars are lined up at
the drive-up window?
A.
Yes, sir.
Q.
Theres also a door to the store where you could go in,
right?
A.
Yes, there is.
8
9
MR. OLIVER:
of Special Agent Abbott.
10
11
THE COURT:
Are you offering into evidence any of the
photos?
12
13
Judge, I dont have any further questions
MR. OLIVER:
Judge, I would offer all of the photographs
and all of the materials in that PowerPoint presentation.
14
THE COURT:
15
MR. OLIVER:
16
THE COURT:
17
ALL ATTORNEYS:
18
THE COURT:
19
admitted.
Okay.
As Governments Exhibit?
#1, the PowerPoint, and #2, the video.
All right.
Any objection?
All right.
Governments Exhibit #1 is
Cross-examination.
20
MR. OLIVER:
21
THE COURT:
And, Judge, what about #2, the video?

Okay.
#1 and #2, then.
Okay.
#1 and #2
22
are admitted.
23
order of the -- Mr. Hernandez, youre first in the Indictment, so
24
Ill let you go first, followed by Mr. Hayes, Mr. Brown and then
25
last but not least, Mr. OBrien.
Cross-examination.
I guess we ought to go in
Abbott - Cross
1
31
CROSS-EXAMINATION
BY MR. HERNANDEZ:
Q.
Good morning, Mr. Abbott.
A.
Good morning, sir.
Q.
Were you present to serve the July 16, 2015 search warrant?
A.
There were six locations that day.
location.
also doing interviews.
Q.
Which locations were you at?
10
A.
I was at 601 Airway.
11
was a consent search later in the day for Inscentives Auto.
12
was also present there.
13
Q.
A consent search was for which auto shop?
14
A.
Inscentives Auto.
15
Q.
Inscentives?
16
A.
Yes.
17
Q.
And which one -- where is that located at?
18
A.
Its on 4th Street in Fulton.
19
address.
20
Q.
Was Mr. Houston present at any of those locations?
21
A.
He was present at Inscentives Resale.
22
present later in the day at Inscentives Auto.
23
Q.
And at Inscentives Resale he was not arrested?
24
A.
No, sir.
25
Q.
Was he questioned?
I wasnt present at every
I went to a couple of them during the day, but I was
I was also at 606 Walker.
And there
I dont know the exact
And he was also
Abbott - Cross
32
A.
Yes.
Q.
Were you aware of his criminal history at the time that he
was being questioned?
A.
Yes.
Q.
And based on his answers at Inscentives Resale he was not
taken into custody?
A.
Correct.
Q.
And was there any information that had changed from the time
you interviewed him at Inscentives Resale to the time that you
10
interviewed him at Inscentives Auto?
11
A.
No.
12
Q.
Was he arrested at Inscentives Auto?
13
A.
No.
14
Q.
So, he was not a threat at that point to what you considered
15
your investigation or the community enough to cause you to arrest
16
him or any other special agent or state agency to arrest him at
17
that time, correct?
18
A.
Correct.
19
Q.
And he was not located at any other locations during that day
20
of the search warrant, correct?
21
A.
I did see him one other time during that day.
22
Q.
And where was that?
23
A.
That was after interviewing Ms. Shirley.
24
back to her vehicle and he was waiting on her there.
25
Q.
We were taking her
And where was that at?
Abbott - Cross
33
A.
It was in Fulton.
Q.
Okay.
time?
A.
It was between the two.
Q.
Okay.
Houston was arrested?
A.
This week?
Q.
Presently.
A.
No, sir.
10
Q.
Do you know if he had been detained by any federal or state
11
agency in regards to this alleged conspiracy or allegations
12
against him between the time of your search warrant July 16,
13
2015, and his arrest this week?
14
A.
Not related to this investigation, no.
15
Q.
Okay.
16
whereabouts, it would be your understanding that he was under
17
investigation the entire time, at least from the time of the
18
search warrant until the time he was arrested, is that correct?
19
A.
Thats correct.
20
Q.
You had no information during that time that he had left the
21
state of Missouri?
22
A.
No, sir.
23
Q.
How about central Missouri?
24
A.
No, sir.
25
Q.
In regards to the conspiracy itself, based on the evidence
I cannot recall what street that was on.
Was that at the end of the day between the two?
What
And did you happen to be at the location where Mr.
And as far as you know in regards to Mr. Houstons
Abbott - Cross
1
that was presented by the Government, its my recollection that
there was only one financial affidavit that was signed by Mr.
Houston.
that correct?
A.
check for which he was the remitter.
Q.
check was?
A.
$561 and some change.
10
Q.
Okay.
11
presented to and youve testified to, the value was $13,258, is
12
that correct?
13
A.
Yes.
14
Q.
Do you know who deposited that amount?
15
A.
I do not know.
16
Q.
Okay.
17
Government was interviewing -- or direct examination that
18
indicated that the reason Mr. -- the firearm safe wasnt opened
19
was because he knew he was a convicted felon?
20
A.
Yes.
21
Q.
Is that speculation?
22
A.
No.
23
Q.
Did he tell you that?
24
A.
Yes.
25
Q.
When did he tell you that?
That was a United Credit Union authorization form, is
There was a signature account.
Okay.
There was also a cashiers
Do you remember what the amount on that cashiers
The teller ticket that you presented that was
You had made a statement in your testimony when the
34
Abbott - Cross
1
A.
directly that.
combination to that safe.
Q.
regards to his statement?
A.
yeah, thats the conclusion I drew.
Q.
So, its a conclusion and not a fact?
A.
Sure.
35
When we were talking to him and its in a -- he didnt say

He said you know why I wont give you the
So, what youre saying is youre speculating as to why in
No.
I knew his criminal history and with that statement,
10
MR. HERNANDEZ:
11
THE COURT:
12
I have nothing further, Judge.
Thank you.
Mr. Hayes.
CROSS-EXAMINATION CONTINUES
13
BY MR. HAYES:
14
Q.
15
search warrant at 606 Walker Lane, is that correct?
16
A.
I came by there, yes.
17
Q.
Were you present when the firearms were seized?
18
A.
They were already processing the firearms when I came by, and
19
I was only there a very short time.
20
Q.
21
safe?
22
A.
Yes, sir.
23
Q.
Is it your understanding that that safe was located in the
24
defendants garage?
25
A.
Agent Abbott, you were present during the execution of the
Is it your understanding that the firearms were located in a
Yes, sir.
Abbott - Cross
1
Q.
None of these firearms were illegal in nature, correct?
A.
That is correct.
Q.
So, they were all legally owned?
A.
As far as I know, yes.
Q.
In regards to the forwarded text to three separate
individuals, there was no corresponding information or dialogue
with that text, is that correct?
A.
That is correct.
Q.
In regards to the prohibition post on Mr. Brownings -- was
36
10
that a Facebook page?
11
A.
12
iPhone up to his computer and so it was recovered forensically
13
from the computer.
14
Q.
15
party?
16
A.
Yes, sir.
17
Q.
And theres no evidence that Mr. Browning forwarded that
18
information to anybody else or shared it with anybody else,
19
correct?
20
A.
That is correct.
21
Q.
So, hes not holding himself out as some sort of K2 dealer to
22
the general public, is that correct?
23
A.
Not from that text.
24
Q.
In regards to the backup on the highway on Highway 54, was
25
that at the S&P Tobacco Store?
What it was is it was on his iPhone and he had backed his
Okay.
And that was forwarded to Mr. Browning from a third
Abbott - Cross
37
A.
S&J, yes, sir.
Q.
Okay.
A.
Yes, he is.
Q.
What other products does S&J Tobacco sell other than
synthetic cannabinoids?
A.
they had other novelty type items in there, adult novelty items,
too.
Q.
Is Mr. Browning attached to S&J Tobacco?
They had other smoking products, cigarettes, snuff.
I think
So, you dont know what those people were lining up to
10
purchase there that day, do you?
11
A.
Not specifically, no.
12
Q.
In regards to the accident which led to the death of a 57-
13
year-old woman, --
14
A.
Yes, sir.
15
Q.
-- are you aware of any other controlled substances in the
16
alleged suspects system at the time of the crash?
17
A.
I am not.
18
Q.
Are you aware if the alleged suspect had any alcohol in his
19
system at the time of the crash?
20
A.
The police report says that he did not.
21
Q.
Are you aware of where the alleged suspect purchased the
22
synthetic cannabinoid?
23
A.
24
it that he purchased it from S&J Tobacco.
25
Q.
Yes.
He told the Jefferson City Police officer investigating
Are you aware if Mr. Browning was present when that synthetic
Abbott - Cross
38
cannabinoid was purchase from S&P Tobacco?
A.
No, sir, I am not.
Q.
Its my understanding that you contacted Mr. Abbott earlier
this week in regards to this Indictment?
A.
Im sorry, sir?
Q.
Did you contact Mr. Abbott or his mother -- or Im sorry.
A.
Thats okay.
Q.
All right.
regards to the Indictment being filed earlier this week?
Did you contact Mr. Browning or his mother in
10
A.
11
week.
12
dont recall it, but I could have.
13
Q.
14
became aware of this Indictment?
15
A.
Oh, yes.
16
Q.
He turned himself in --
17
A.
He did.
18
Q.
-- to the Callaway County Jail?
19
A.
He did.
20
his mother.
I dont believe I did contact Mr. Browning earlier in the

If I did, I dont have that -- it was a busy week.
Are you aware that Mr. Browning self-surrendered when he
Yes, yes, yes.
I recall that now, yes.
I didnt recall speaking to
21
MR. HAYES:
No further questions, Your Honor.
22
THE COURT:
Thank you, Mr. Hayes.
23
MR. BROWN:
Thank you, Your Honor.
24
25
Mr. Brown.
BY MR. BROWN:
Abbott - Cross
39
Q.
when the warrant was executed?
A.
No, sir, I was not.
Q.
But there was a gun recovered, is that correct?
A.
Yes, sir, there was.
Q.
Mr. Sheets was not working at that time, was he?
A.
I dont know who -- no.
was just --
Q.
When you executed the warrant -- were you at the S&J location
I dont believe he was.
I think it
Would it sound correct that it was a Billy Bruce who was
10
working at that time?
11
A.
Yes, sir.
12
Q.
Do you have any evidence to say that Mr. Sheets had ever used
13
that weapon?
14
A.
No.
15
Q.
And did anybody go to Mr. Sheets house in connection with
16
this investigation, his residence?
17
A.
The day of the search warrants since July 16th?
18
Q.
Yes.
19
A.
I dont recall anybody going to the house.
20
Q.
Well, he contends that he consented to a search of his house.
21
Does that sound familiar to you?
22
A.
Its possible.
23
Q.
Okay.
24
A.
But I dont have any recollection of it.
25
Q.
But theres no indication that he has ever been in possession
I dont remember.
Abbott - Cross
40
of a firearm, is that correct?
A.
Not to my knowledge, no.
Q.
So, if they did a consent search of his home, no firearms
were recovered, would that be correct?
A.
That would be fair, yes.
Q.
And there was no illegal drugs ever recovered from him or his
person or his home?
A.
That day, no.
Q.
Now, you mentioned 2,900,000 in assets or so of money passing
10
along during this investigation, is that right?
11
A.
12
from --
13
Q.
Okay.
14
A.
-- the wholesale distributor, yes.
15
Q.
Are you aware of any assets Mr. Sheets may have that you guys
16
are looking to recover or forfeit?
17
A.
He sold -- I know they sold the S&J building for $30,000.
18
Q.
Okay.
19
A.
Beyond that --
20
Q.
Are you aware that he has any money that youre looking to
21
forfeit or assets?
22
A.
23
purchase the synthetic cannabinoids and then put it in the bank
24
account, so its made it difficult to find.
25
Q.
That would be money used to purchase synthetic cannabinoids
But are you aware --
There is so much cash in this business.
They used cash to
But youre not aware of anything you --
Abbott - Cross
41
A.
No.
Q.
Thank you.
from Mr. Browning.
he?
A.
I wouldnt know.
Q.
capture for this and during this investigation?
A.
No.
10
Q.
Did he turn himself in as well?
11
A.
I dont know.
12
dont know how that happened.
13
Q.
14
either behaved in a threatening or evasive manner as far as his
15
incarceration?
16
A.
Now, I saw that Mr. Sheets received that message

He never responded to that that you saw, did
Not back to Mr. Browning.
Okay.
Otherwise, I would be blind to it.
Now, did Mr. Sheets ever make any attempt to evade
I know that he was taken into custody.
I wasnt there.
But theres no -- theres nothing to indicate that hes
No.
17
MR. BROWN:
Thank you.
18
THE COURT:
Thank you, Mr. Brown.
19
MR. OBRIEN:
20
I have nothing further.

Mr. OBrien.
21
BY MR. OBRIEN:
22
Q.
23
evidence that associated him with any of the firearms that were
24
-- that you testified about?
25
A.
Thank you.
With regards to Mr. Miller, did you find any
Mr. Miller was a clerk at 601 Airway, I believe, the
Abbott - Cross
42
Inscentives Resale Shop.
recovered.
Q.
Was he there when you recovered that firearm?
A.
He was working that morning, yes.
Q.
Did you find anything that would have showed that he was
aware of that firearm or had possessed it at any time?
A.
I dont think so.
Q.
With regards to the financial transactions that were going
on, did you find anything that would have indicated that Mr.
And thats where the first firearm was
10
Miller was a part of those transactions?
11
A.
Not of those financial transactions, no.
12
Q.
And with regards to Mr. Miller and these charges, did you
13
advise him that these charges -- or this Indictment had been
14
unsealed?
15
A.
16
the Indictment when I spoke to him on the phone.
17
Q.
When did you speak to him on the phone?
18
A.
I spoke to him on the phone -- he came back, I think,
19
Tuesday night.
20
at the airport in Florida when I spoke to him.
21
Q.
22
was on his way back here from Florida when you contacted -- he
23
contacted you or did you contact him?
24
A.
25
didnt have my number.
I talked to him about turning himself in.
He was at the airport.
He was aware of
On Wednesday night he was
So, he found out about the Indictment himself and actually
He had already reached out to other law enforcement.
He
I became aware that he had reached out
Abbott - Cross
43
and they gave me his number and I placed a call to him.
Q.
Okay.
A.
Yes.
Q.
And flew in here from out of state?
A.
Yes.
Q.
Did he do anything that would have indicated that he was, you
know, intending to flee in the investigation to your knowledge?
A.
So, he actually surrendered himself?
No.
MR. OBRIEN:
Thank you.
10
THE COURT:
11
MR. OLIVER:
No.
12
THE COURT:
Okay.
13
No, thank you, Judge.

Do you have any additional evidence,
Mr. Oliver?
14
MR. OLIVER:
15
THE COURT:
16
Redirect?
No, Your Honor.

Do any of the defendants want to present
evidence?
17
MR. HAYES:
18
MR. HERNANDEZ:
19
THE COURT:
Okay.
20
MR. BROWN:
No, Your Honor.
21
THE COURT:
All right.
22
MR. OBRIEN:
23
No, Your Honor.

No evidence, Your Honor, only argument.
And, Mr. OBrien?
No, Your Honor.
Wed like to be heard on
the issues.
24
THE COURT:
25
THE WITNESS:
Agent Abbott, you can step down.
Thank you.
Yes, sir.
44
1
2
3
THE COURT:
Okay.
Mr. Oliver, why dont you go first
since its your motion.

MR. OLIVER:
Judge, the information in the Pretrial
Services Report with respect to Mr. Houston reveals a lengthy
criminal history.
and page 8 of that report, specifically in regard to the
circumstances of a pending first-degree property damage along
with multiple counts of endangering the welfare of a child in the
matter that is currently pending in Boone County.
And most concerning are the reports on page 7
And those
10
details are recited in the bail report.
11
call the Courts attention to the fact that -- and that incident,
12
Judge, happened in November of 2015.
13
Callaway County, Mr. Houston has been charged with an assault
14
third degree.
15
Houston has been charged with first-degree assault.
16
those subsequent incidents never resulted in the revocation of
17
bond in other cases.
18
incidents that are pending and then you go back and you look at
19
the other incidents that are reflected over the course of his
20
criminal history, there is a pattern of violence that is involved
21
in his conduct.
22
history of controlled substance felony convictions.
23
conduct in this case was not isolated.
24
conduct was not undertaken with blinders on.
25
And the evidence is manifest.
Also I would like to
In January of 2016, in
In another incident in February of 2016, Mr.

Apparently
Judge, when you look at the nature of those
Moreover, Judge, there is a pattern and a
It was daily.
Judge, the
This
It was willful.
This individual is a danger to the
45
1
community, both because of his participation in the alleged
offenses, but also because of his history and the recency of
incidents that involve violent behavior.
Mr. Browning, its absolutely true that he does not have a
criminal record.
from December 2012 to December 2015, he was engaged in a multi-
million dollar drug enterprise and he was one of the shot
callers.
drugs through his business that killed people.
Judge, with respect to
It is also absolutely true that for the period
He is a danger to the community having distributed

Judge, Mr. Sheets
10
is Mr. Brownings partner and he does have a criminal history.
11
And the criminal history is reported in the Pretrial Services
12
Report.
13
conduct in connection with this case and his criminal history.
14
Mr. Miller, Judge, was a clerk at the store.
15
to the customers.
16
admittedly more limited than any of the other defendants that are
17
here in the courtroom this morning.
18
his criminal history, it is a virtually unabated history of
19
criminal violations, replete with incidents of violence, assault
20
on law enforcement officers and felonies.
21
the community, Judge, and should be detained.
22
23
He is a danger to the community, both because of his
THE COURT:
He signed for packages.
He sold the drugs

His role was
However, when you look at
Thank you, Mr. Oliver.
He is also a danger to
Thank you.
Lets start with Mr.
Hernandez and your client, Mr. Houston.
24
MR. HERNANDEZ:
25
THE COURT:
Give me one moment, Your Honor.
Sure.
46
1
MR. HERNANDEZ:
Judge, in regards to Mr. Houston,
obviously this Court is well aware of these statutes and the
regulations and case law of the federal courts.
bring the attention of the Court to the Bail Reform Act of 1984,
which favors the release of non-violent offenders.
anticipates that pretrial release will continue to be appropriate
for the majority of federal defendants.
of its statutory obligations to review detention.
I dont believe that the evidence presented by the Government
Id like to
It also -- it
The Court is well aware

In this case,
10
rises to the level of a threat to the community.
11
Mr. Houstons prior criminal history, if you actually take a look
12
at his criminal history in detail the majority of that criminal
13
history results from 2002, 2003.
14
and were not denying that there are pending charges because
15
thats the way the state government works and the state courts
16
work.
17
related to the Court in regards to the Boone County property
18
damage first, that case is just pending.
19
adjudicated.
20
done anything.
21
to that case, they are not -- those are just hearsay at this
22
point.
23
at this point.
24
a child, that case hasnt even been filed yet by Boone County.
25
Theres not anything to say that that case will be filed in
In regards to
He does have some allegations,
But a number of these events that the Government has
It has not been
It has not been determined that Mr. Houston has

The statements that are written down in regards
There is no proof to that allegation -- those statements

Also in regards to the endangering the welfare of
47
1
regards to Mr. Houston.
read the statement, and I understand this Court reads the
statements and they take that into consideration, the basis for
this statement is that, in fact, the defendants own indication
during this altercation was that he had a reaction because he
believed that the alleged victim in this matter was having an
affair with his wife.
specific instance.
would be fair to judge that the majority of the men in this
In regards to the assault first, if you
Im not excusing any action in that
But the fact of the matter is thats -- it
10
community would have a natural reaction of anger and possibly
11
that same reaction if they were to find out that their spouse may
12
have been having an affair with another person.
13
the actions.
14
allegations in their framework and understand the situation that
15
they find themselves in.
16
believe that there is no evidence that Mr. Houston is a flight
17
risk.
18
Pretrial Services Report indicates that his wife has been very
19
cooperative.
20
in posting a bond.
21
He had to have counsel appointed.
22
released under the supervision of pretrial release by any other
23
means available to the Court.
24
flight risk.
25
there, we dont believe that hes a general threat to the
I dont excuse
But what I do say is that we have to take these
In regards to the flight risk, I
Most of his family is present.
His wife is present.
The
Shes indicated that she would be willing help out

Obviously, Mr. Houston is of limited means.
We are asking that he be
We dont believe that hes a
And even though there are some allegations out
48
1
community.
charges being brought by the Government, again, those are just
allegations.
egregious indication in regards to the synthetic cannabinoids
that caused the -- may have caused the death of an elderly 57-
year-old person here in Jefferson City, the United States Supreme
Court has determined in U.S. v. Burrage that there has to be a
determination that, but for that specific sale of that specific
cannabinoid from that specific defendant that led to the death of
In regards to the allegations before this Court, the
Furthermore, this indication -- I guess the most
10
that person.
11
least attached to Mr. Houston in this matter in regards to the
12
release -- the request for release from detention.
13
those allegations -- or based on that argument, Judge, I dont
14
believe that Mr. Houston -- and based on the Bail Reform Act of
15
1984, I dont believe that he is -- there is enough justification
16
to hold him in detention.
17
candidate for pretrial release under supervision of Pretrial
18
Services.
19
jurisdiction of the Court.
20
would not be leaving the state of Missouri or the United States.
21
Hes not a flight risk.
22
of 10, living here in Central Missouri in the Callaway County
23
area with his wife.
24
willing to subject himself to whatever requirements the Court is
25
requesting to ensure that he would return for every court date
We dont believe that that should be related or at
Based on
We believe that he would be a good
He would be willing to submit himself to the

He does not have a passport.
He
He has five children, all under the age
They would be willing to -- he would be
49
1
that is necessary.
THE COURT:
MR. OLIVER:
THE COURT:
Thank you.
Okay.
Thank you, Mr. Hernandez.
Judge, if I could just briefly respond.

Yeah.
Do you want to go ahead -- I was
going to ask you if you want to reply.
MR. OLIVER:
Yeah.
I think individually would be -- if
I could.
is in play in this case because of the nature of the allegations
in the Indictment.
Judge, the statutory presumption in favor of detention
And the evidence before the Court I believe
10
firmly establishes that that presumption has not been rebutted
11
under this evidence.
12
THE COURT:
13
MR. HERNANDEZ:
Okay.
Judge, in regards to the specific
14
evidence, the witness testified that he was -- that Mr. Houston
15
was present twice at the time that these arrest warrants -- or
16
these search warrants were executed in regards to this specific
17
conspiracy.
18
was under investigation at least from July 2015 until he was
19
arrested last week.
20
that big of a threat that the Government had to get him off the
21
streets between July 2015 and last week, which would have been
22
the third week in April of 2016.
23
indication that the firearm was illegal.
24
Mr. Houston.
25
Mr. Houston turned himself in.
Neither time Mr. Houston was arrested.
Mr. Houston
At no time was he arrested or considered
The firearm, theres no

The firearm belonged to
There was no testimony to that effect.

He was not arrested.
Further,
He did
50
1
2
surrender himself to the Callaway County Jail.

MR. OLIVER:
That is absolutely false, Judge.
This
defendant was arrested in Springfield, Missouri, by Springfield,
Missouri uniformed officers in a bar.
THE COURT:
MR. HERNANDEZ:
THE COURT:
Okay.
Whats your response?
Judge, my client has indicated that he had
called Springfield Police Department to -- and I apologize, I did
misstate the facts.
He did call the Springfield Police
10
Department to indicate where he was.
11
police department, but he did -- he did make contact with the
12
police department to indicate where he was and he anticipated
13
being arrested.
14
Springfield.
15
remained where he was and he was arrested with no incident.
16
There was no resisting, no violence, nothing to that effect.
He did not flee the state.
THE COURT:
18
MR. HERNANDEZ:
19
THE COURT:
23
24
25
Okay.
He
Thank you.
Give me just one second before you start,
Mr. Hayes.
21
22
He did not flee
He did not flee to another jurisdiction.
17
20
He was arrested by the
(Court Reviewing Documents)

THE COURT:
Okay.
Mr. Hayes, if you want to go ahead.
I appreciate your patience.

MR. HAYES:
Your Honor, Mr. Browning requests that you
follow the recommendation contained in the Pretrial Services
51
1
Report calling for release with certain conditions.
for this request, Mr. Browning is not a flight risk.
learned of the Indictment, he self-surrendered within two hours
of learning that he was being charged.
here in Central Missouri.
grandmother in Fulton if released.
He is a homeowner in Fulton.
High School, attended two years of community college at Moberly
Area Community College and attended William Woods University
As a basis
When he
He was born and raised
He would live with his mother or

His mother is present today.
He graduated from North Callaway
10
studying accounting.
11
to the community.
12
absolutely no criminal history -- arrests, charges or
13
convictions.
14
behavior.
15
there have been no allegations of the use of weapons involved
16
with this case.
17
Lane were all legally owned and seized from a gun safe in his
18
garage.
19
an unsecured bond for his release pursuant to the Pretrial Risk
20
Assessment Report filed by the reporter.
21
22
23
In addition, Mr. Browning is not a danger
As conceded by the U.S. Attorney, he has
He has no history of dangerous or assaultive
The instant offense is not a crime of violence and
The firearms that were seized from 606 Walker
He is not a danger to the community.
THE COURT:
We are requesting
Thank you, Judge.
Thank you, Mr. Hayes.
Okay.
Lets move on
to Mr. Brown.
MR. BROWN:
Thank you, Judge.
Now, the Pretrial
24
Services Report is requesting detention for Mr. Sheets.
25
argue against that report for a few reasons.
We would
One of the reasons
52
1
I believe that that recommendation was made was the gun at S&J
Smoke Shop.
nothing to directly connect that gun to Mr. Sheets.
consent search done of Mr. Sheets home and no weapons or drugs
or contraband that I know of were recovered of any kind.
Sheets does have two criminal convictions.
age of 18 or 19 years old.
He indicated to me that he was homeless at that time and had
nowhere to go.
As the evidence indicated here today, there was

There was a
Mr.
Both were around the
It is indicated that he absconded.
He did serve time for that offense, but has not
10
had any criminal history in the intervening ten-plus years.
11
has longstanding ties to the community here in Central Missouri.
12
He has a brother who is going to let him live with him.
13
seeking employment as a welder before he was arrested.
14
taken a welding test.
15
employment.
16
have been accused or connected with Mr. Sheets.
17
that he is either a flight risk with his longstanding ties to the
18
community.
19
with this case.
20
absconding from when he was on probation.
21
the Court that given his age and the length of time that has
22
elapsed between then and now that should be given some little --
23
smaller weight than I think that the Pretrial Services Report
24
would indicate.
25
belief from speaking with doctors that he needs to have his gall-
He
He was
He had
He is confident that he can gain
There are no crimes of violence of any kind that

I dont believe
He did not run or try to evade capture in connection

He does have, obviously, the issue with the
But I would submit to
Also, Mr. Sheets is in poor health.
It is his
53
1
bladder removed.
infirmities and his strong ties to the community that he is
certainly not a danger of flight.
case has been made either in the Pretrial Services Report or by
the Government that he is a danger to the community.
would ask the Court that he -- I believe this Court can craft
some conditions that could ensure that he is not a danger to the
community and that he -- and ensure his appearance in court.
think thats well within this Courts -- well within the
I just think that given his physical
10
possibility for this Court to do.
11
released pending trial, Your Honor.
And I dont believe that a
12
THE COURT:
Thank you very much.

Let me ask you, Mr.
13
Oliver, I want to make sure Ive got this right.
14
the owner of S&J Tobacco?

MR. OLIVER:
16
THE COURT:
17
18
So, wed ask that he be
Thank you, Mr. Brown.
15
And so we
Mr. Sheets is
He and Mr. Browning.

Both of them.
Okay.
Okay.
That leaves us
with Mr. OBrien.

MR. OBRIEN:
Your Honor, were asking that the Court
19
grant pretrial release in this case under the supervision of
20
Pretrial Services.
21
statements, was involved in this as a clerk.
22
evidence presented that indicated that he was involved in these
23
large financial transactions or had any kind of personal interest
24
or even knowledge of the guns that were recovered.
25
clerk at a store that was operated here.
Mr. Miller, by the United States own

There was no
He was a
With regards to him
54
1
being a flight risk, when he found out about this Indictment on
his own, he wasnt contacted by the Government, he made his way
back here from Florida.
representatives of the Government and made arrangements to self-
surrender.
criminal history, if the Court looks, there are, you know,
felonies as the Government has contended.
more recent criminal history, you know, dating back to 2006, most
of these charges have been dismissed or theyve resulted in fine
He was out of state.
We think that speaks for itself.
He reached out to
With regards to his
But if you look at the
10
dispositions.
11
However, the last failure to appear that I note was on a case
12
that was ultimately dismissed and it was back in 2011.
13
those circumstances, we dont believe that Mr. Miller would be a
14
flight risk in this.
15
Missouri area.
16
plan.
17
And hes also employed.
18
that pending trial Mr. Miller could be adequately supervised and
19
wouldnt really be a risk of flight in this case.
20
21
He does have some failure to appears in there.
He is a life-long resident of the Fulton,
He has a residence where he could live and a home
He has transportation so he could check in as directed.
THE COURT:
So, given those circumstances we believe
Okay.
Thank you, Mr. OBrien.
Any
response, Mr. Oliver?
22
MR. OLIVER:
23
THE COURT:
24
25
So, given
No, sir.
Okay.
Just give me a few minutes here.
(Court Reviewing Documents)

THE COURT:
Okay.
Ill start with Mr. Houston.
Im
55
1
going to grant the Governments Motion to Detain Mr. Houston.
find that he poses both a flight risk and a danger to the
community.
persuaded by the Governments recommendation and Pretrial
Services, but I note that he has six prior felony convictions.
He has pending charges that appear to be fairly serious in Boone
County and Callaway County for assault and property damage and
endangering the welfare of a child.
the endangering the welfare of a child was not filed, so Ill
In reaching that determination, Im not only
Although it does appear that
10
withdraw that.
11
degree.
12
abuse problem.
13
while under supervision.
14
convicted are -- hes looking at a very long prison sentence.
15
has a history of failing to appear in traffic offenses and a
16
history of probation non-compliance.
17
record, he does have a violent behavior history including several
18
assaults.
19
successful on release.
20
condition or combination of conditions that I can fashion that
21
will reasonably assure his future appearance at all court
22
hearings and also the safety of our community.
23
will be detained.
24
doesnt have any prior criminal history.
25
allow him to -- I think Im going to deny the Governments motion
Theres a pending property damage in the first
Its also significant that the defendant has a substance

He has a history of engaging in criminal activity
The pending penalties he may face if
He
Looking at his criminal
And I just dont think that I can -- hell be

So, I dont find theres any single
So, Mr. Houston
With respect to Mr. Browning, Mr. Browning

I do think Im going to
56
1
with respect to Mr. Browning.
conditions, which Ill go over with the defendant in a minute.
find that there are conditions I can impose that will ensure his
appearance at all future court hearings and also assure the
safety of the community.
the issue of his order of release.
Sheets, he has two prior felony convictions, prior failures to
appear.
was the store where a gun was recovered.
10
I am going to impose special

I
So, Ill get back to him in a minute on

Okay.
With respect to Mr.
Hes one of the owners of the S&J Tobacco store and that
And as a convicted
felon --
11
MR. BROWN:
Your Honor?
12
THE COURT:
Yes.
13
MR. BROWN:
My client just got my attention to say that
14
he disputes the fact that he ever had any failure to appears.
15
was I believe absconding from probation.
16
MS. DRUMMOND:
Your Honor, I can address that.
Those
17
priors, Judge -- there were no failures to appear since the
18
absconding from probation.
19
THE COURT:
Absconding from probation.
20
MR. BROWN:
Yes, Judge.
21
THE COURT:
All right.
22
MR. BROWN:
And I just wanted the Court to note that.
23
THE COURT:
All right.
Okay.
Thank you for making that
24
correction.
25
look on page 5, on the Callaway County entry from June 22nd,
I appreciate that.
It
The reason I say that is if you
57
1
2004, where he was charged with property damage in the second
degree, it states in the second paragraph, Court reflects that
the defendant failed to appear for a case review hearing on
August 9th, 2004.
MS. DRUMMOND:
I think what that was, Your Honor, was
there some outstanding court costs.
in the record if he was properly notified of that.
thats when he was dealing with some home plan issues and such.
9
10
11
12
THE COURT:
I couldnt really delineate

I think
Okay.
MS. DRUMMOND:
But he was later arrested and his bond
was applied to the court costs and that resolved that matter.
THE COURT:
All right.
Well, in fairness to the
13
defendant, then I wont consider that as a part of my decision.
14
There are reports that several customers who purchased these
15
synthetic drugs from the S&J Smoke Shop apparently overdosed.
16
And thats one of the things that caught my attention.
17
also note that theres a substance abuse history, absconding from
18
supervision, criminal activity while under supervision.
19
Sheets has a history of probation non-compliance.
20
that the defendant poses a danger to the community and a flight
21
risk by clear and convincing evidence.
22
any single condition or combination of conditions I can fashion
23
that would reasonably assure the safety of the community and his
24
appearance at all future court proceedings.
25
that he be detained.
I would
Mr.
So, I find
I dont believe theres
So, Im ordering
I am concerned about his physical health
58
1
problems with respect to his gallbladder.
think about perhaps seeing if he can be placed up at CCA.
3
4
DEPUTY MARSHAL:
So, we may need to
Ill check with medical here in a
little bit.
THE COURT:
Okay.
And they have a medical unit there,
so nurses and doctors come into there regularly.
next defendant is Casey Miller.
be detained.
felony conviction, has a substance abuse history, a record of
So, okay.
The
And I am going to order that he
I find that Mr. Miller, who does have a prior
10
failing to appear in criminal cases, prior probation and parole
11
non-compliance, a history of fleeing and resisting an arrest.
12
also find that hes had numerous assault charges and convictions
13
and a violent behavior history.
14
danger to the community and a flight risk by clear and convincing
15
evidence, and I dont believe theres any single condition or
16
combination of conditions that I can fashion that would
17
reasonably assure his appearance at all future court proceedings
18
and also assure the safety of the community.
19
ruling.
20
will be released, Mr. Browning, Im going to go over your
21
conditions of release.
22
state or local law while on release.
23
in the collection of a DNA sample if it is requested and
24
authorized under Title 42.
25
Pretrial Services Office or supervising officer in writing before
So, I believe that he poses a
So, that will be my
With respect to Mr. Browning, whove I ordered that he
First, you must not violate any federal,

Second, you must cooperate
You must advise the court or the
59
1
making any change of residence or telephone number.
appear in court as required.
surrender as directed to serve a sentence that the court may
impose.
supervision to the Pretrial Services Office as directed.
must continue or actively seek employment.
your passport to the Pretrial Services Office within seven days.
You may not obtain a new passport or other international travel
document.
You must
And if convicted, you must
You must submit to supervision by and report for

You
You must surrender
You must not leave the state of Missouri without prior
10
permission from Pretrial Services.
11
directly or indirectly, with any person who is or may be a victim
12
or witness in the investigation or prosecution of this case,
13
including any of your co-defendants.
14
firearm or destructive device or other weapon.
15
to the weapon that was at the S&J Tobacco?
16
MR. OLIVER:
17
THE COURT:
You must avoid all contact,
You may not possess a

Whatever happened
Its in evidence, Judge.

Okay.
You may not possess a firearm,
18
destructive device or other weapon.
19
excessively.
20
possess any narcotic drug or other controlled substance defined
21
in 21 U.S. Code, unless prescribed by a licensed medical
22
practitioner.
23
substance if required by the Pretrial Services Office or a
24
supervising officer.
25
and may include urine testing, the wearing of a sweat patch, a
You may not use alcohol
You may not use unlawfully -- use or unlawfully
You must submit to testing for prohibited
Testing may be used with random frequency
60
1
remote alcohol testing system, and/or any form of prohibited
substance screening or testing.
to obstruct, or tamper with the efficiency and accuracy of the
prohibited substance screening or testing.
in a program of in-patient or out-patient substance abuse therapy
and counseling if directed by the Pretrial Services Office or a
supervising officer.
Pretrial Services Office or supervising officer every contact
with law enforcement personnel, including arrest, questioning or
10
traffic stops.
You must not obstruct, attempt
You must participate
You must report as soon as possible to the
Is today the 29th?
11
MR. OLIVER:
12
THE COURT:
Yes, Your Honor.

Thank you.
Okay.
Mr. Browning, again, you
13
heard me say this earlier.
14
but if you do and you have positives and they start showing up,
15
then youre going -- there will be a warrant issued.
16
He just needs to sign that.
17
everything.
18
who I ordered detained, you do have the right to appeal my
19
decision.
20
Judge assigned to your case.
21
So, anything further?
So, okay.
And I believe that covers
Does anybody have anything further?
Those of you
And that can be taken for an appeal to the District
22
MR. OLIVER:
23
THE COURT:
24
I dont know if you use drugs or not,
In this case it is Judge Bough.
No, Your Honor.

All right.
Were adjourned.
(Court Adjourned at 11:53 a.m.)
25
61
1
2
INDEX
WITNESSES FOR
THE PLAINTIFF:
DIRECT
CROSS
Jeff Abbott
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31
EXHIBITS:
MARKED
ADMITTED
G#1
G#2
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29
30
30
REDIRECT
RECROSS
3
4
5
6
7
8
9
10
11
12
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15
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25
1
2
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I certify that the foregoing is a correct transcript

from the electronic sound recording of the proceedings in the
above-entitled matter.
8
9
10
/s/ Lissa C. Whittaker

Signature of Transcriber
July 11, 2016

Date
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2:16-cr-04024-SRB-7 USA v. Nawaz Et Al Transcript of Hearing On Arraignment and Detention

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2:16-cr-04024-SRB-7 USA v. Nawaz Et Al Transcript of Hearing On Arraignment and Detention

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IN THE UNITED STATES DISTRICT COURT FOR THE

UNITED STATES OF AMERICA,

TRANSCRIPT OF HEARING ON ARRAIGNMENT AND DETENTION

Michael S. Oliver, Esq.

For Def. Houston:

Arturo A. Hernandez, III, Esq.

For Def. Browning:

Christopher R. Hayes, Esq.

Case 2:16-cr-04024-SRB Document 125 Filed 07/11/16 Page 1 of 62

John T. Murray, Esq.

For Def. Sheets:

Nicholas Brown, Esq.

For Def. Rader:

Justin W. Coke, Esq.

For Def. Miller:

Kevin OBrien, Esq.

Court Audio Operator:

Ms. Jeri Russel

Proceedings recorded by electronic sound recording, transcript

Case 2:16-cr-04024-SRB Document 125 Filed 07/11/16 Page 2 of 62

(Court in Session at 10:15 a.m.)

Were here this morning for the -- I

believe were doing arraignments as well, is that correct, Ms.

Yes, Your Honor.

detention hearing in the case of United States vs. -- do you have

Oh, here, I have one right here -- Raja Amer

Nawaz et al., Case No. 16-4024.

Assistant U.S. Attorney, is appearing on behalf of the United

Justin Coke for Brandon Rader.

of a microphone or we wont get it all.

(Off Record Talking)

Do we have a -- can we get a microphone to

I would note that Mike Oliver,

And lets just start and go down the line.

Lets start off by getting entry

Right on the counter.

Do we have a microphone we can pass around?

Case 2:16-cr-04024-SRB Document 125 Filed 07/11/16 Page 3 of 62

Good morning, Mr. Murray.

Chris Hayes for Shawn Browning.

And Nicholas Brown for Joshua Sheets.

Sounds like it.

Good morning, Mr. Hernandez.

Have counsel each been given a copy of the Indictment?

Lets start off with the Indictment.

Everybody is nodding their head

Have you had a chance to go over --

I dont have a copy of the Indictment.

Can we get a copy for Kevin?

Ill go get one.

Case 2:16-cr-04024-SRB Document 125 Filed 07/11/16 Page 4 of 62

Kevin, well get you one in just a

copy of the Indictment.

the pleas of each defendant.

of reading this Indictment, its going to -- it is 29 pages long.

plea of not guilty.

And then what I want to do is to take

Weve already entered a

Thats already been added to CM/ECF

Judge, would you mind if I took a moment to

Your client has been taken care of.

speak to Mr. Sheets and see if he understands the charges?