Free Order of Detention - District Court of Delaware - Delaware

Case 1 :O8—mj-OO042—U NA Document 7 Filed O2/20/2008 Page 1 of 2
<§ AO 472 (Rev. 3/86) Order of Detention Pending Trial

District of _ Delaware
UNITED STATES OF AMERICA
V, ORDE OF DETENTION PENDING TRIAL
Michael D. King Case O _,
Dekztdruil
In accordance with the Bail Reform Act, I8 U.S.C. § 3I42(f), a detention hearing has been held. I conclude that the following facts require the
detention ofthe defendant pending trial in this case.
Part I——Findings of Fact
Q (I) The defendant is charged with an offense described in IS U.S.C. § 3 I42(f)(I) and has been convicted ofa Q federal offense Q state
or local offense that would have been a federal offense ifa circumstance giving rise to federal jurisdiction had existed that is
Q a crime of violence as denned in l8 U.S.C. §3I56(a)(4).
Q an offense for which the maximum sentence is life imprisonment or death.
Q an offense for which a maximum term of imprisonment often years or more is prescribed in
>i=
Q a felony that was cornrnitted after the defendant had been convicted oftwo or more prior federal offenses described in 18 U.S.C.
§ 3 I42(f)(l)(A)-(C), or comparable state or local offenses.
Q (2) The offense described in finding (I) was committed while the defendant was on release pending trial for a federal, state or local offense.
Q (3) A period of not more than five years has elapsed since the Q date ofconviction Q release ofthe defendant from imprisonment
for the offense described in Ending (I).
Q (4) Findings Nos. (I), (2) and (3) establish a rebuttable presumption that no condition or combination of conditions will reasonably assure the
safety of (an) other person(s) and the community. I further find that the defendant has not rebutted this presumption.
Alternative Findings (A)
(I) There is probable cause to believe that the defendant has committed an offense
for which a maximum term of imprisonment often years or more is prescribed in .
Q under IS U.S.C. § 924(c).
Q (2) The defendant has not rebutted the presumption established by finding I that no condition or combination ofconditions will reasonably assure
_ the appearance ofthe defendant as required and the safety ofthe community.
Alternative Findings (B)
(I) There is a serious risk that the defendant will not appear. F _ .. . .. . —,
(2) There is a serious risk that the defendant will endanger the safety of another person or the community. l- Q Z I
t ’ T :-*2 i E
Part II—Written Statement of Reasons for Detention i _ ‘ i· i ‘'`· Q` _ . J
I find that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence a prepon-
derance ofthe evidence: Defendant contested detention and underwent a preliminary hearing. Probable cause was found. In fact, the only reason
that the court could discern for the preliminary hearing was to allow counsel some discovery.
Nature ofthe offense: Defendant is charge with a felon in possession ofa firearm which is considered a crime of violence. the underlying facts of
the incident support that defendant used a weapon to threaten another.
Strength ofthe evidence: A witness identified defendant as the individual who threatened her with a gun. Defendant lives in an apartment near the
witness. When WPD officer investigated upon her complaint, they received consent from the woman with who defendant lives to search the
apartment. When officers searched a room from which defendant exited, they found a loaded weapon matching the description ofthe witness.
Defendant admitted that the weapon (a 44 magnum) was his and that he threatened the complaintant. I-lis defense was that the witness-complaint-
was a woman scorned which is irrevelant to the facts which support the offense.
Defendant’s Characteristics; In addition that the offense is a crime of violence, defendant used the weapon (admittedly) to threaten another.
Investigators have a videotaped interview ofdefendant’s admissions. His past criminal history is as follows: 1999 found delinquent for carrying a
concealed deadly weapon; April 2001 convicted of possession, use or consumption for which defendant was found in VOP within 4 months and
again in June 2003. August 200l possession ofa deadly weapon by a person prohibited and possession with intent to deliver for which defendant
had 2 VOP convictions in 2002 and 2003. October 2004 convicted of Resisting arrest and possession with intent to deliver within I00O foot ofa
school for which he was VOP in July 2006. At present, defendant has four sets of serious charges pending in state court in addition to the present
federal offense — his crime spree began in July 2007 with possession of MJ and loitering for drug activity, August 2007 possession ofa schedule I,
possession by a person prohibited, CCDW and possession ofa weapon for sale/use of dangerous drugs; November 2007 resisting arrest and
disorderly conduct; January 2008 possession ofa narcotic substance within 1000 feet ofa school, possession with intent to deliver. At the time of
his present federal charges, defendant was on bail or release for these various offenses.
Therefore there are no conditions or combination thereofthat will reasonable assure defendant’s appearance as required and the safety ofthe
community.

Case 1 :O8—mj-OO042—U NA Document 7 Filed O2/20/2008 Page 2 of 2
~ AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part III-Directions Regarding Detention
The defendant is committed to the custody ofthe Attorney General or his designated representative for confinement in a corrections facility separate,
to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. The defendant shall be afforded a
reasonable opportunity for private consultation with defense counsel. On order of a court of the United States or on request of an attorney for the
Government, the person in charge ofthe corrections facility shall deliver the defendant to the United States marshal for the purpose of an appearance in
connection with a court proceeding.
February 20, 2008 %" ·‘—__ I J, __,_
Date Signature 0fJurz' O ·
Mary Pat Thynge, · gistrate Judge
Name arid Title 0fJmz’ieia/ Omcer
*1nsert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 el seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 ez
seq.); or (c) Section l ofAct ofSept. 15, 1980 (21 U.S.C. § 95521).

Case 1:08-mj-00042-UNA

Document 7

Filed 02/20/2008

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Case 1:08-mj-00042-UNA

Document 7

Filed 02/20/2008

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