Alleged lookout in heist dragged from court after outburst
One of four men on trial for charges stemming from violent 2016 attacks on armored truck couriers was dragged from a Houston federal courtroom by U.S. marshals in front of jurors Wednesday after he began ranting about an incident involving his wife.
The dispute began out of earshot of the jury when U.S. District Judge David Hittner announced that the wife of defendant Marc Anthony Hill was caught by a deputy marshal trying to sneak a razor blade to another defendant. The judge showed X-ray images of what officials said was a 2½inch razor blade tucked into a loafer intended for Hill’s nephew, codefendant Nelson Alexander Polk.
Hittner said the woman, Varfeeta Sirleaf, would not be allowed in the courthouse for the remainder of the trial. Sirleaf is identified on the social media site LinkedIn as an owner of a gourmet popcorn business co-owned by her husband, Hill.
Polk shook his head. He and Hill both rose to address the judge at various points. The judge instructed both men to sit and told Polk, who was originally representing himself, to remain seated and silent — that his lawyer could speak for him if needed. Polk had previously been removed from the courtroom, with no jurors present, for a verbal spat with the judge. After Hittner assigned his backup lawyer to step in, Polk was ultimately allowed to return to the courtroom.
Hill, who had opted to represent himself at trial, addressed the judge after
the news about his wife, saying he’d like to know which deputy reportedly found the blade. When he did not get a response from the judge or any of the deputies posted in the room, Hill persisted.
“I need an answer. Is everybody denying to give me an answer? That shouldn’t be too hard.” The judge told him to move on. “I can’t move on,” Hill said, raising his voice. “It’s simple, all you got to do is answer who checked the clothes.”
“Lower your voice,” the judge said.
Hill said he already had his fresh clothes a half hour earlier and that the story about the razor blade concealed in his nephew’s clothes didn’t make sense. The judge tried to move the case along again.
Both Polk and Hill began yelling at the judge. The nephew and uncle are the only ones among the four defendants who are charged with aiding in the robbery and slaying of an armored truck courier, 25-year-old David Guzman, as he stocked an ATM at a Wells Fargo branch on Aug. 29, 2016.
“This is some b.s. racist (expletive),” Polk said, listing a number of constitutional amendments that he said the court had violated.
Hittner warned Hill against outbursts, as well as the limits of being his own lawyer as a federal detainee.
Then defense lawyer George Michael DeGeurin Jr., who represents a third defendant, John Edward Scott, conferred briefly with Hill. DeGeurin could be overheard softly informing Hill about the law and how to enter an objection to a ruling.
The judge called the jury into the room to resume hearing testimony from an FBI agent about a sting operation on Dec. 7, 2016, that led to the arrests of the four and the death of suspected ringleader Redrick Batiste during a shootout with law enforcement officers. The crew was allegedly trying to rob an ATM at an Amegy Bank of Texas branch when they were surprised by officers in an armored Brink’s truck. All four face charges arising from this alleged robbery attempt; the fourth man on trial in the case is Bennie Charles Phillips Jr.
Moments after jurors took their seats, Hill began speaking unprompted into his microphone.
“I’d like to make a statement to the jury,” Hill said. “Ladies and gentlemen of the jury …”
“Mr. Hill, don’t do this in front of the jury,” the judge said, explaining that he would have a chance to talk about the matter in his closing argument.
Hill continued speaking: “Why they’re not all out …”
Hittner ordered marshals to move in and take Hill to a downstairs room where he could monitor the rest of the trial via a video feed. His backup counsel would have to take over, the judge said.
A deputy marshal bear-hugged Hill, as several others surrounded him. The deputy began pulling him out of a side exit.
With the door still ajar, Hill could be heard yelling, “Ah! Ah! Ah! Ah!” in pain, and “Stop! You’re assaulting me.”
All four defendants were wearing shackles and shock belts, although it was not clear if a deputy activated Hill’s.
“That ain’t necessary,” Polk muttered, but he remained seated.
The judge instructed Hill’s stand-in lawyer, Neal Davis III, that he would be taking over Hill’s defense. The jury was able to see Hill briefly on a video screen from a downstairs room standing behind his chair in handcuffs. The judge said he could monitor the trial from there and Davis could confer with his client later.
Then the lead FBI agent on the case, Jeffrey Coughlin, resumed testimony. The prosecutor played a series of tapped phone calls that the agent said were between various defendants and Batiste, who is suspected of fatally shooting Guzman and security courier Melvin Moore, 32, in heists prior to the failed Dec. 7, 2016 robbery.
The jury also watched secretly recorded videos of Batiste. The agent identified Batiste as the man seen inside a stolen Jeep Cherokee, aiming a rifle at an armored truck set up by police, and then exiting the vehicle. The government also showed the jury video taken from various angles at the time of the heist from pole cameras and surveillance cameras.
Another angle showed an armored truck — filled with police officers, the agent said — bashing repeatedly into the side of a parked Toyota 4Runner, from which two men emerged and ran. With the frame frozen one-by-one on the two runners, the agent on the case identified the person exiting the driver’s seat as Polk and the man stepping out of the rear of the car as Trayvees Duncan-Bush. The prosecution believes the plan was for Batiste to shoot the armored truck courier, then for Polk to drive up and for Duncan-Bush to grab the bags of cash from the armored vehicle.
Duncan-Bush previously pleaded guilty to conspiracy to rob the truck and aiding and abetting in the robbery. He may be called as a witness at trial.
During a break in testimony, DeGeurin, the attorney for Scott, moved for a mistrial and to sever his client. The judge denied the requests. Then a smiling Hill was escorted back into the courtroom. A deputy marshal removed his handcuffs, and he sat at counsel table.
The judge said he would give Hill one more chance, but that he could no longer serve as his own lawyer.
Hittner also said he would consider a request for the jurors to be questioned about whether they believed they could maintain the presumption of innocence for all four defendants following the outburst.
After lunch, Davis said he needed more time to confer with his client, Hill. He also asked to sever his client from the group. Hittner denied both requests. Hittner then reminded jurors of their oath to remain fair and impartial and only consider the evidence rendered at trial.
“If there’s any juror who can’t follow this instruction, please let me know,” Hittner said. “I don’t see any hands.” And testimony resumed.
The trial is expected to continue into next week.