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Henry v. Ryan

United States District Court, D. Arizona

June 27, 2014

John Henry, Jr., Petitioner,
v.
Charles Ryan, et al., Respondents.

REPORT AND RECOMMENDATION

MICHELLE H. BURNS, Magistrate Judge.

TO THE HONORABLE JAMES A. TEILBORG, UNITED STATES DISTRICT COURT:

On November 12, 2013, Petitioner John Henry, Jr., who is confined in the Arizona State Prison Complex-Lewis in Buckeye, Arizona, filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 1). Respondents filed an Answer on February 19, 2014 (Doc. 9). Despite having an opportunity to do so, Petitioner has not filed a traverse.

BACKGROUND[1]

The presentence report provides the following information regarding the crimes charged in Mohave County Superior Court case numbers CR2001-1180 and CR2001-1182:

Regarding CR-2001-1180, the following offense information has been obtained from the Mohave County Sheriff's Office, DR#XXXX-XXXXX.
On August 17, 2001 at 12:38 am, Mohave County Sheriff's units were dispatched to an alarm from Pawn World II, at 2570 Northern Avenue, Kingman. An unidentified person(s) had broken the business' front glass door and three glass cases inside, causing damage estimated, by owner Gerald Homer, at $3, 000.00. Twelve (12) handguns were taken: one Colt (.357), five Jennings (two.380s and three 9mms), three Taurus (a.40 caliber, a.45 caliber, and a 9mm), two Barettas (a.40 caliber and 9mm), and one KBI (a.380 automatic). Estimated value of all the firearms was $3, 170.00. Blood was also found on two cases and Homer's other pawn shop, Pawn World on Beale Street, also had windows smashed in another attempted burglary.
On August 18, 2001 Kingman Police Department recovered the KBI.380 handgun after it was found by in a field next to Wal-Mart.
On August 21, 2001 Officers were informed by Kingman Police Department John Henry Jr. (18), a white male, and James Derrick Harrison (18), a black male, had been involved in an armed robbery and pursuit in which officers had been fired upon. When both men had been arrested, they were found in possession of two handguns stolen from Pawn World II: the Colt.357 (valued at $549.00) and the Baretta 9mm (valued at $299.00).
Harrison told the police he and Henry had taken the two guns from a black man near the Fairgrounds. Henry declined to speak with Kingman Police Detective Spivey regarding his arrest charges without an attorney. However, he did speak to Mohave County Sheriff's Detective David Reif about the Pawn World II firearms.
John Henry initially stated he found the Colt and the Baretta along side Stockton Hill Road, and then Harrison had shown up with them near the Fairgrounds. Confronted with information that blood evidence was found at Pawn World II, Henry then stated he had been drunk when he and another person had broken into Pawn World II through the front door late. Henry said he wanted to "pay off some stuff" and his "stupidity got the best of him". Henry said he gave the firearms to someone who split $500.00 with Henry and they got rid of them out-of-state. Henry believed the blood evidence was his, indicating he had cut his hand, and said the guns he and Harrison had came from the desert in the past two days and were to be sold. He said he didn't know anything about the pistol found near Wal-Mart and did not want to identify anyone due to fear of retribution.
Detective Reif also interviewed James Harrison, who said he'd been hanging around with Johnny for about a month. Harrison initially claimed he and Henry took the guns from a black man peddling them near the Fairgrounds. He then said that was not true and Henry had brought the guns to him without saying from where they had come. Harrison said they had the pistols for four or five days and a couple nights before they had gotten an older man to purchase handgun ammunition for them at Wal-Mart. Harrison denied involvement in the Pawn World burglaries.
Regarding CR-2001-118[2], the following offense information has been obtained from the Kingman Police Department, DR#XXXX-XXXXX.
On August 21, 2001 about 1:04 pm, police responded to an armed robbery call at the Circle K Store, 2104 Kingman Avenue. Employees Wanda Ryan (43) and Tod Brummett (29) let officers police inside the store. Brummett's father, Gene Brummett (55) had also been outside the store talking to his son during the robbery. When the black gunman wearing a white bandana over his mouth was leaving the store, he pointed his handgun at them and fired, but had apparently run out of bullets. Tod Brummett and his father, who was on a motorcycle, began chasing the masked man: the elder Brummett trying to run the gunman down with his motorcycle.
Investigation revealed multiple gunshots had been discharged inside the store by the black gunman, who robbed the female clerk at gunpoint and threatened the two male witnesses. The gunman had then fled with another subject in a truck. Ms. Ryan reported one had been fired near her at shoulder height, but no one was physically injured. Police recovered eight (8) spent shell casings inside Circle-K. An "intact round" was found to have penetrated multiple packs of tobacco products before coming to a rest on the floor near the ice ...

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