Free Order of Detention - District Court of Delaware - Delaware

Case 1 :05-cr-00038-SLR Document 9 Filed 05/25/2005 Page 1 of 2
Q, AO 472 (Rev. 3/86) Order of Detention Pending Trial
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Tyrone Williams Case Number: C Ke 6 ·
Defendant
In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing has been held. I conclude that the following facts require the
detention of the defendant pending trial in this case.
Part I—Findings of Fact .
Q (1) The defendant is charged with an offense described in 18 U.S.C. § 3l42(f)(1) and has been convicted of a Q federal offense Q state
or local offense that would have been a federal offense if a circumstance giving rise to federal jurisdiction had existed that is
Q a crime of violence as defined in 18 U.S.C. § 3 l56(a)(4).
Q an offense for which the maximum sentence is life imprisonment or death.
Q an offense for which a maximum temi of imprisonment of ten years or more is prescribed in
*
Q a felony that was committed aiier the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C.
§ 3l42(f)(l)(A)-(C), or comparable state or local offenses.
Q (2) The offense described in finding (1) 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 of conviction Q release of the defendant from imprisonment
for the offense described in finding (1).
Q (4) Findings Nos. (1), (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)
Q (1) There is probable cause to believe that the defendant has committed an offense
Q for which a maximum term of imprisonment of ten years or more is prescribed in .
Q under 18 U.S.C. § 924(c).
Q (2) The defendant has not rebutted the presumption established by finding 1 that no condition or combination of conditions will reasonably assure
the appearance of the defendant as required and the safety of the community.
Alternative Findings (B)
X (1) There is a serious risk that the defendant will not appear.
X (2) There is a serious risk that the defendant will endanger the safety of another person or the community.
Part II-Written Statement of Reasons for Detention
I find that the credible testimony and infomiation submitted at the hearing establishes by clear and convincing evidence a prepon-
derance of the evidence: The court finds that there are no conditions or combination thereof that will reasonably assure defendant’s appearance as
reguired and the safety of the community for the follovidng reasons:
1. The evidence against defendant is strong confirming that he had in his possession a Glock model 23, .40 caliber semi-automatic handgun
vidth 1 round in the chamber and 12 in the magazine.
2. Defendant’s criminal history reveals a fascination with weapons, in particular guns.
3. Defendant has no verifiable employment and despite defendant’s claims regarding ownership of two businesses, he has not verifiable assets.
4. Despite receiving anger management and inpatient drug treatment in March and July 2001, while on state probation, defendant tested
positive for PCP in September 2003 and cocaine in December 2003.
5. Defendant admits to carrying guns in his neighborhood, but not using them — a self proclaimed watchdog in that he helps keep peace and
maintain order in his neighborhood.
6. He has numerous weapons offenses beginning at age 18 including possession of a weapon on school property, carrying a firearm without
a license (4 total offenses in PA between 1984 to 1991); possession of a narcotic substance for which his probation was revoked, breach of
conditions of release in 2003 whereby defendant was found at the victim’s residence 3 days after his release, possession of a destructive
weapon in 2000 (possessed a sawed-off shot gun and 2 bags of marijuana) and pending a possession with intent to deliver crack and distribu-
tion within 300 feet of a park plus 9 other drug related charges (involved hand-to-hand drug sale and p . ssion of 42rvialsof crack). Defendant
had had 34 warrants issued for his arrest, with 7 for failure to appear. I I L L U ;

Q



U.S. DISTRICT COURT
DISTRICT 0F DELAWARE

Case 1 :05-cr-00038-SLR Document 9 Filed 05/25/2005 Page 2 of 2
\ A0 472 (Rev. 3/86) Order of Detention Pending Trial
Part HI—Directions Regarding Detention
The defendant is committed to the custody ofthe Attomey 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 aiforded a
reasonable opportimity for private consultation with defense counsel. On order of a court of the United States or on request of an attomey for the
Government, the person in charge of the corrections facility shall d ' e defe ' States marshal for the purpose of an appearance
in connection with a court proceeding. ~i‘’ (
May 2; 2005 ··
Date Signature of Judicial Off
Mary Pat Thynge, Magistra udge
Name and Title of Judicial Ojicer
*Insert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951
et seq.); or (c) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. § 955a).