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Description: Grand Rapids, Michigan criminal defense lawyer represented defendant charged with being a felon in possession of firearms.


On December 23, 2019, two men stole two shotguns from a Walmart store in Kalamazoo, Michigan. Surveillance footage of the store showed two men arrive in a dark colored Jeep and enter the store one after the other. A witness testified that the driver of the Jeep distracted store staff while the Jeep's passenger opened a gun case, removed two shotguns, and then walked out of the store with the firearms hidden under his clothing. Walmart security personnel recognized the man who stole the shotguns and provided his identity to police investigators. Because this individual would later become an unnamed confidential source ("CS") in the investigation giving rise to this case, he is simply called the "gun thief."

On December 27, 2019, detective Bryan Jolliffe ("Jolliffe") of the Kalamazoo County Sheriff's Department ("KCSD") and agent Jeremy Marshall ("Marshall") of the Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") visited the identified gun thief in the Kalamazoo County jail where he was being held on unrelated offenses. The gun thief was not helpful when interviewed by Jolliffe and Marshall. He first lied by saying he stole two BB-guns, not shotguns, from Walmart, then he said his wife picked him up from Walmart and told him to get rid of the stolen guns, but he would not provide his wife's name to investigators. He also told police that he took the shotguns from an unlocked case, but security camera footage suggested otherwise. Knowing these statements were untrue, the investigators showed the gun thief surveillance footage of his stealing the two shotguns. He became angry and the interview ended.

The following day, Marshall returned to the jail along with Detective Karen Rivard ("Rivard") of KCSD to attempt another interview with the gun thief. This time the gun thief admitted stealing two shotguns, and abusing methamphetamines. He continued with some of the inconsistencies he made the prior day, such as saying he walked to the Walmart store and that the case holding the stolen shotguns was unlocked. But the gun thief also admitted to selling one of the shotguns to a man named "Dre" or "Black" on December 24, 2019. At this point the gun thief became a CS for an investigation into "Dre's" purchase of the stolen shotgun.

On the day the CS sold the stolen shotgun to "Dre," the CS went to a home on Wheaton Avenue in Kalamazoo and, using a phone number he had for "Dre," called him. The CS provided this phone number to investigators. The CS said that after he placed the call, "Dre" came out of the home on Wheaton Avenue and discussed buying the stolen shotgun from the CS for $50. The two went into the Wheaton Avenue residence to conduct the illegal sale. At this time the CS told
investigators how "Dre" showed him three to four shotguns, an AR-style rifle, and a loaded pistol. "Dre" then paid the CS $50 for the stolen shotgun, and the CS left.

The CS said that "Dre" has a Facebook profile under the alias "Illa Matic." Investigators looked up the Facebook profile under the name "Illa Matic" and showed the profile picture to the CS. The CS confirmed that the picture was of "Dre." The CS also confirmed the location of the Wheaton Avenue house on a map and said that "Dre" drove a brown Cadillac sedan and sells marijuana. At this point, Rivard initiated an investigation into "Dre" and an effort to corroborate the information given by the CS.

On the heels of the CS interviews, Rivard took a series of steps to test the veracity of the information provided. First, Rivard crosschecked the phone number the CS gave for "Dre" against KCSD records and found it linked to an individual named Andre Barry-David Powell, the Defendant. Next, Rivard investigated the residence on Wheaton Avenue where the illegal gun sale allegedly occurred. Although records showed the house was owned by Kalamazoo Valley Rentals, it was determined through the Michigan Secretary of State database that Powell listed his address as 726 Wheaton Avenue, Kalamazoo, Michigan, the same address where the alleged illegal gun sale occurred. Third, Rivard obtained a photo of Powell from the state database and found it matched the Facebook profile picture for "Illa Matic." Fourth, Rivard checked law enforcement records associated with 726 Wheaton Avenue and determined that police contacted Powell at that address on December 22, 2019, (two days before the alleged illegal gun sale) concerning a curfew violation involving one of his children. That report listed Powell's phone number, which again matched the number provided by the CS. Based on this information, law enforcement began surveillance of 726 Wheaton Avenue and on two separate occasions observed the brown Cadillac sedan described by the CS. Lastly, law enforcement pulled Powell's criminal history, which
included multiple felony convictions including offenses related to the illegal possession of a firearm.

On January 7, 2020, Rivard swore out a search warrant affidavit stating probable cause existed that illegal firearms, ammunition, and illegal narcotics and paraphernalia would be found at Powell's residence at 726 Wheaton Avenue. Rivard included in the affidavit information from the CS interviews and corroborated information stemming from the investigation into Powell. However, the affidavit did not include all the information garnered in the CS interviews; it lacked the inconsistencies and outright lies given by the CS. That same day a state magistrate judge authorized the warrant. Kalamazoo law enforcement and ATF executed the search warrant on January 8, 2020, at 726 Wheaton Avenue.

A search of Powell's home resulted in seizure of eight firearms, including the stolen shotgun, an assortment of ammunition, various weapons, and multiple containers of marijuana. In a post-Miranda interview at his residence, Powell admitted to stockpiling firearms and recently purchasing a shotgun from an individual off the street.

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On December 23, 2019, two men stole two shotguns from a Walmart store in Kalamazoo, Michigan. Surveillance footage of the store showed two men arrive in a dark colored Jeep and enter the store one after the other. A witness testified that the driver of the Jeep distracted store staff while the Jeep's passenger opened a gun case, removed two shotguns, and then walked out of the store with the firearms hidden under his clothing. Walmart security personnel recognized the man who stole the shotguns and provided his identity to police investigators. Because this individual would later become an unnamed confidential source ("CS") in the investigation giving rise to this case, he is simply called the "gun thief."

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On December 27, 2019, detective Bryan Jolliffe ("Jolliffe") of the Kalamazoo County Sheriff's Department ("KCSD") and agent Jeremy Marshall ("Marshall") of the Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") visited the identified gun thief in the Kalamazoo County jail where he was being held on unrelated offenses. The gun thief was not helpful when interviewed by Jolliffe and Marshall. He first lied by saying he stole two BB-guns, not shotguns, from Walmart, then he said his wife picked him up from Walmart and told him to get rid of the stolen guns, but he would not provide his wife's name to investigators. He also told police that he took the shotguns from an unlocked case, but security camera footage suggested otherwise. Knowing these statements were untrue, the investigators showed the gun thief surveillance footage of his stealing the two shotguns. He became angry and the interview ended.

The following day, Marshall returned to the jail along with Detective Karen Rivard ("Rivard") of KCSD to attempt another interview with the gun thief. This time the gun thief admitted stealing two shotguns, and abusing methamphetamines. He continued with some of the inconsistencies he made the prior day, such as saying he walked to the Walmart store and that the case holding the stolen shotguns was unlocked. But the gun thief also admitted to selling one of the shotguns to a man named "Dre" or "Black" on December 24, 2019. At this point the gun thief became a CS for an investigation into "Dre's" purchase of the stolen shotgun.

On the day the CS sold the stolen shotgun to "Dre," the CS went to a home on Wheaton Avenue in Kalamazoo and, using a phone number he had for "Dre," called him. The CS provided this phone number to investigators. The CS said that after he placed the call, "Dre" came out of the home on Wheaton Avenue and discussed buying the stolen shotgun from the CS for $50. The two went into the Wheaton Avenue residence to conduct the illegal sale. At this time the CS told

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investigators how "Dre" showed him three to four shotguns, an AR-style rifle, and a loaded pistol. "Dre" then paid the CS $50 for the stolen shotgun, and the CS left.

The CS said that "Dre" has a Facebook profile under the alias "Illa Matic." Investigators looked up the Facebook profile under the name "Illa Matic" and showed the profile picture to the CS. The CS confirmed that the picture was of "Dre." The CS also confirmed the location of the Wheaton Avenue house on a map and said that "Dre" drove a brown Cadillac sedan and sells marijuana. At this point, Rivard initiated an investigation into "Dre" and an effort to corroborate the information given by the CS.

On the heels of the CS interviews, Rivard took a series of steps to test the veracity of the information provided. First, Rivard crosschecked the phone number the CS gave for "Dre" against KCSD records and found it linked to an individual named Andre Barry-David Powell, the Defendant. Next, Rivard investigated the residence on Wheaton Avenue where the illegal gun sale allegedly occurred. Although records showed the house was owned by Kalamazoo Valley Rentals, it was determined through the Michigan Secretary of State database that Powell listed his address as 726 Wheaton Avenue, Kalamazoo, Michigan, the same address where the alleged illegal gun sale occurred. Third, Rivard obtained a photo of Powell from the state database and found it matched the Facebook profile picture for "Illa Matic." Fourth, Rivard checked law enforcement records associated with 726 Wheaton Avenue and determined that police contacted Powell at that address on December 22, 2019, (two days before the alleged illegal gun sale) concerning a curfew violation involving one of his children. That report listed Powell's phone number, which again matched the number provided by the CS. Based on this information, law enforcement began surveillance of 726 Wheaton Avenue and on two separate occasions observed the brown Cadillac sedan described by the CS. Lastly, law enforcement pulled Powell's criminal history, which

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included multiple felony convictions including offenses related to the illegal possession of a firearm.

On January 7, 2020, Rivard swore out a search warrant affidavit stating probable cause existed that illegal firearms, ammunition, and illegal narcotics and paraphernalia would be found at Powell's residence at 726 Wheaton Avenue. Rivard included in the affidavit information from the CS interviews and corroborated information stemming from the investigation into Powell. However, the affidavit did not include all the information garnered in the CS interviews; it lacked the inconsistencies and outright lies given by the CS. That same day a state magistrate judge authorized the warrant. Kalamazoo law enforcement and ATF executed the search warrant on January 8, 2020, at 726 Wheaton Avenue.

A search of Powell's home resulted in seizure of eight firearms, including the stolen shotgun, an assortment of ammunition, various weapons, and multiple containers of marijuana. In a post-Miranda interview at his residence, Powell admitted to stockpiling firearms and recently purchasing a shotgun from an individual off the street.

Outcome: Affirmed

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