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This the 22d day of July, 2004. _______________________________________ Superior Court Judge
STATE OF NORTH CAROLINA GASTON COUNTY STATE OF NORTH CAROLINA ) ) vs. ) ORDER ) ) GERARDO COLEMAN, ) Defendant ) ___________________________) IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 99 CRS 31143 This Order is entered upon a hearing conducted on Defendant’s Motion to Suppress filed prior to trial concerning a statement given by the Defendant herein to Sergeant F.C. Reynolds of the Gaston County Police Department on September 7, 1999, concerning an incident occurring at 105 Suzanne Drive, in Belmont, North Carolina on September 6, 1999, resulting in the death of David Curtis Gregg. Whereupon, a hearing was conducted in open court, in the absence of the jury. Defendant was present in court with his counsel, Rick Beam and Brent Ratchford. From the evidence presented, the undersigned finds as facts the following by at least a preponderance of the evidence: 1. In ruling upon this Motion, the Court has had an opportunity to observe the manner and demeanor of each witness and to determine the credibility of each witness. The testimony considered in ruling upon this Motion included the testimony of F.C. Reynolds and J.R. Phillips. Defendant did not offer evidence during the suppression hearing. 2. Defendant was placed under arrest on September 7, 1999. Sometime before noon on that date, the Gaston Police received information that Mr. Coleman and a female companion were inside an apartment at 2901 Tacoma Street, Charlotte, North Carolina and that they refused to come out of the apartment. A SWAT team was deployed by the Charlotte Mecklenburg Police Department and eventually the Defendant emerged from the apartment. 3. After emerging from the apartment, Defendant was placed in custody and taken to a substation of the Gaston County Police Department. At 1:36 p.m. on September 7, 1999, Sgt. Reynolds read to the Defendant his rights as required by Miranda vs. Arizona. Defendant signed a written waiver of his rights and proceeded to talk to the officer and answer questions. 4. During conversations between Sgt. Reynolds and the Defendant, it did not appear to Sgt. Reynolds that the Defendant was intoxicated, confused or under the influence of impairing substances.
Page 1: GRAND JURY QUESTIONNAIRE The presid
Page 4 and 5: That this selection was made throug
Page 6 and 7: That this selection was made throug
Page 9 and 10: THERE ARE 2 DIFFERENT STATUTES THAT
Page 11 and 12: SUGGESTED PROCEDURE: A. Setting bon
Page 13 and 14: STATE OF NORTH CAROLINA County File
Page 25 and 26: Qualifications of Prospective Juror
Page 27 and 28: NOTICE TO ATTORNEYS CONCERNING JURY
Page 29 and 30: STATE OF NORTH CAROLINA COUNTY OF C
Page 31 and 32: BATSON CHECKLIST INFORMATION NEEDED
Page 33 and 34: SAMPLE BATSON ORDER NORTH CAROLINA
Page 35 and 36: 13. The Defendant then was offered
Page 37 and 38: NORTH CAROLINA GASTON COUNTY IN THE
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Page 48 and 49: 5. During the conversations between
Page 51: EXHIBIT LIST EXHIBIT # DESCRIPTION/
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Page 57 and 58: EXAMINATION OF MULTIPLE DEFENDANTS
Page 59: GENERAL RULES OF PRACTICE FOR THE S
Page 62 and 63: V. SEEK A MENTOR/ BE A MENTOR Becau

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