Page 32 - TPA Journal July-August 2025

public entity; and (3) that such discrimination is Donovan Bourrage was found guilty on two
by reason of his disability.” Key here is Hainze v. counts, and Orlando Bourrage was found guilty on
Richards, which foreclosed ADA claims where one count, of conspiracy to possess with the intent
police officers face exigent circumstances. to distribute methamphetamine. Both defendants,
As discussed above, there were indeed exigent cir- who are cousins, appeal their convictions and their
cumstances—Steve “was a suicide risk and had sentences. Because Donovan and Orlando assert
the means to act on it.” there was insufficient evidence to support their
These exigent circumstances (circumstances respective convictions, we recount the evidence
resembling those in Hainze itself) foreclose ADA “in the light most favorable to the jury’s verdict.”
relief. Moreover, Appellants cannot show that Drug enforcement agents began investigating a
Steve was discriminated against “by reason of his suspected conspiracy to distribute methampheta-
disability” (here, depression). Appellants point to mine in Kemper County, Mississippi, and the east-
no facts showing that Deputy Gallardo shot Steve central Mississippi area in January 2020. Agent
because Steve was depressed. Instead, they assert James McCombs co-led the investigation with
that Young County lacked policies to “protect another agent. The investigation began with con-
[Steve’s] welfare” or “respond[] to threatened sui- trolled purchases from Donovan in January 2020;
cide calls with well-established crisis intervention then, in May 2020, the court authorized a Title III
techniques, including responding with a mental- wiretap of suspected conspirators’ phones. During
health professional.” But this doesn’t demonstrate trial, the jury heard conversations between
that Deputy Gallardo shot Steve “by reason of” his Donovan, Orlando, and their alleged co-conspira-
depression. Deputy Gallardo shot Steve “by rea- tors, and Agent McCombs interpreted those con-
son of” circumstances that would lead an objec- versations as part of his testimony.
tively reasonable officer to reasonably believe that he evidence at trial reflected that on May 21, the
Steve was reaching for or had a gun. Bourrage cousins discussed the prices they
charged for methamphetamine. Agent McCombs
We AFFIRM the District Court in full for the rea- interpreted Donovan’s statements as meaning that
sons stated. Donovan was paying a wholesale cost of $600 or
$700 per ounce of methamphetamine and selling it
Winder v. Gallardo, 5 th Cir. No. 24-10017, Sept. for $1,200 per ounce. Later that day, on a call with
27, 2024. Cordaryl Ford, a distributor of methamphetamine,
Donovan told Ford that he had $10,000 or $11,000
and wanted Ford to “give [him] what [he] c[ould]”
EVIDENCE drug possession of a methamphetamine delivery that was expected
to arrive imminently. On May 23, Donovan spoke
A jury found Donovan and Orlando Bourrage with Orlando and said he wanted to buy metham-
guilty of conspiracy to possess methamphetamine phetamine from Orlando because he had run out,
with the intent to distribute. In this appeal, the but Orlando only had marijuana. Donovan
defendants raise five issues, arguing that (1) their responded, “You know I don’t sell that stuff,
motions to suppress were erroneously denied, (2) man.” At the end of the call, Orlando told
a lead agent in the case should not have been per- Donovan, “Help me get rid of them if you don’t
mitted to testify about the meaning of coded lan- find none,” and Donovan agreed. On May 26,
guage in conversations about drugs, (3) there was Ford told Donovan that his supply would “[b]e
insufficient evidence to support the jury’s verdict, here in a couple more days,” and Donovan told
(4) the district court gave a coercive jury instruc- Ford that he would buy two pounds of metham-
tion, and (5) the district court erred in enhancing phetamine from him once it arrived. On May 28,
their sentences. We affirm. Orlando gave Donovan a “heads up” that Ford had

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