United States District Court, D. New Hampshire
Georgiana L. Konesky, Esq., Paul A. Maggiotto, Esq., Debra M.
Walsh, Esq., U.S. Probation, U.S. Marshal
A. DICLERICO, JR. UNITED STATES DISTRICT JUDGE.
Austin is charged with two counts of possession of a firearm
by a prohibited person in violation of 18 U.S.C. §
922(g)(1) and § 924(a)(2). He moves to suppress evidence
discovered during a search of his home, pursuant to a search
warrant, and requests a hearing on his motion. The government
April 14, 2018, the Somersworth (New Hampshire) Police
Department was notified by a radio call that a man had pulled
a gun and pointed it at another person on Union Street in
Somersworth. Doc. 22-1 at *1. The police were told that the
man with the gun left the scene of the incident in a blue SUV
driven by a woman. The police determined that the SUV was
registered to Tanya Phillips.
Geary and Mulcahey responded to the area and stopped the SUV.
Geary arrested the passenger in the SUV, Damon Austin, and
Mulcahey arrested the driver, Tanya Phillips. In his search
of Austin, Geary found “an extended magazine for a
Glock .40 caliber pistol” in Austin's pants pocket.
Anthony DeFrancesco arrived during the arrest process. As he
approached, DeFrancesco asked Geary and Mulcahey where the
gun was. Austin yelled that the gun was in the front seat of
the SUV. DeFrancesco looked in the passenger side front
window and saw a Glock pistol on the floor. An infant child
and two dogs were also in the SUV. DeFrancesco removed the
gun and secured it.
officers arranged for the SUV to be towed and for relatives
to take the infant and dogs. Geary and Mulcahey took Phillips
and Austin to the Somersworth Police Department for booking.
went to 18 Union Street in Somersworth where the reported gun
threatening incident had occurred. He talked to Christopher
and Elisa Brown, who lived there. Christopher Brown told
DeFrancesco that Damon Austin was his cocaine supplier and
that he had been “hanging out” with Austin for
three months. He also said that Austin had been staying at
the Browns' house for three days and that he and Austin
had been getting high in the basement.
further explained that Elisa, his wife, told them that
morning that they had to leave the house. Austin refused to
go, which caused an issue between Elisa and Christopher.
Christopher believed that Elisa was leaving him. Later he had
multiple phone conversations with Austin, which included
Brown threatening to kill Austin.
told DeFrancesco that her husband and Austin had been hanging
out in the basement a lot. She said that they just talked.
That morning, however, Elisa woke up at 3:00 am and
discovered that Austin was in the basement with a woman, whom
she identified as Jess. Elisa told them all that they had to
leave her house and argued with Austin about
leaving. Austin threatened to punch her in the
face. Elisa said she also argued with her husband and
demanded that he get Austin and Jess to leave.
Brown went to work and then walked home, finding the house
empty. He was standing outside smoking when Tanya Phillips
drove up in her blue SUV. Austin jumped out of the passenger
side of the SUV, and Brown and Austin got into a heated
argument. During the argument, Austin walked toward
Brown and pulled a gun and magazine out of his right front
pocket. Brown said the gun was a Glock, which he knew because
he had been with Austin when he bought it in exchange for
crack cocaine. Austin put the magazine in the gun, chambered
a round, and pointed the gun at Brown's face. Brown got a
knife from the porch. Austin went back to the SUV and said he
would be back after dark, which Brown interpreted to mean
that Austin would come back to shoot the house up. Brown also
said that Phillips was there during the incident, yelling at
both of them.
told DeFrancesco that Austin did not have a gun when he was
at his house that morning. He also said that he knew Austin
stored the gun at his home at 17B High Street in Somersworth.
Brown said that Austin sold crack, cocaine, and marijuana,
and that he made crack at that house. Brown described the
process for making crack and where he had seen Austin's
cooking items and crack in the kitchen at that house.
said he was last at Austin's home two days before the
incident, when he bought a gram of cocaine. He said that
ninety percent of his drug purchases from Austin were done
there and that he had seen crack and cocaine at the house in
the last two days. Brown said that there were two black safes
in the house, one in the dining room and one in the bedroom.
He said that Austin kept drugs, guns, and money in the safes.
He also said that he estimated there were ten more guns in
the dining room closet and that Austin had told him that he
hid guns and money all over the house.
police department, officers checked the serial No. of the
Glock gun on the “NCIC” and discovered it had
been stolen during a burglary in Saco, Maine. Phillips was
read her Miranda rights, waived them, and gave a statement to
DeFrancesco. She confirmed that she drove Austin to the
Browns' house, where he was supposed to pick up a gaming
system, but denied any other involvement in the incident. She
said she did not know Austin had a gun with him and denied
that there were any guns in the house. She confirmed that
there was ...