Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-cr-00135-SLR Document 7 Filed 07/30/2008 Page 1 of 2
n AO 472 (Rev. I2/03) Order of Detention Pending Trial
District of DELAWARE
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
TIRON WARRINGTON, Case Number: 08-128-M
Defendant
In accordance with the Bai I Reform Act, 18 U.S.C. § 3l42(f), a detention hearing has been held. I conclude that thc 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 off`cnse described in 18 U.S.C. § 3l42(i)(l) 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 acrime ofviolence as defined in 18 U.S.C. § 3l 56(a)(4).
Q an off`ensc for which the maximum sentence is life imprisonment or death.
Q an offense for which a maximum term of imprisonment of ten years or more is prescribed in
n-
Q a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in l8 U.S.C.
§ 3l42(f)(l)(A)-(C), or comparable state or local offenses.
Q (2) The offense described in finding (l) 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 ofthe defendant from imprisonment
for the off`ense described in finding (1).
Q (4) Findings Nos. (l), (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 ( l) There is probable cause to believe that the defendant has committed an off`ensc
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 (I) 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 co .

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U.S DlSTRlCI 30 R
_ _ I it li,. I i;Awp_;;;g
Part H—Wrrtten Statement of Reasons for Detention ‘““"“**··—*·—t~·-—~——-
I find that the credible testimony and information submitted at the hearing establishes by X clear and convincing evidence X a prepon-
deranee of the evidence that
Based on the affidavit supporting the criminal complaint, the report of the Probation Office, and other information provided to the Court during the
detention hearing, the Court finds by a preponderance of evidence that no combination of conditions could reasonably assure that the Defendant
would appear for all Court events in this matter. The Court further finds clear and convincing evidence that no combination of conditions could
reasonably assure that the Defendant would not pose a danger to the community if released.
The Court has reached these conclusions based on the following findings and for the following reasons, as well as those stated from the bench
at the conclusion of the detention hearing:
the nature and circumstances of the offense: the Defendant is accused of being a felon in possession of a firearm. The complaint alleges that the
Defendant was walking on a street in Wilmington and was found to possess in his right rear pants pocket a loaded Bereta model 21A .25
caliber semi-automatic handgun.
the weight of the evidence; is very strong. The Defendant essentially concedes possession, although his counsel represents that he had a good
reason for possessing the gun. There is no dispute that the Bereta traveled in interstate commerce and that Defendant is a prohibited person.
the histog; and characteristics of the Defendant: the Defendant has a 2007 felony conviction in State Court for Possession with Intent to Deliver a
Narcotic Schedule I Controlled Substance. He also has convictions for failure to register as a sex offender (twice) and criminal impersonation.
He was on probation with the State of Delaware at the time ofthe instant offense. His record shows at least five violations of probation and
several capiases, including for failure to appear. Although Defendant’s mother relies on Defendant to help take care of her due to her medical
ailments, and while Defendant is a lifelong Delaware resident and has the support of his family (who were present in Court), this does not
outweigh the negative factors already described.

Case 1 :08-cr-00135-SLR Document 7 Filed 07/30/2008 Page 2 of 2
Q. AO 472 (Rev. 12/03) Order of Detention Pending Trial
the nature and seriousness of the danger to the cornmunig that would be posed by the Defendant’s release: as a felon in possession of a firearm,
who was carrying a loaded gun in his pocket, Defendant would pose a danger to the community if released.
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 sewing 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 attomey for the
Govemment, the person in charge of the corrections facility shall deliver the defendant to the United es marshal for the purpose of an appearance
in connection with a court proceeding.
JULY 30"'I 2008 "Q"' »`
Date Sigrzature of Judge
Hon. Leonard P. Stark
Name and Title of Judge
*Insert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 er seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951
erseq.); or (c) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. § 955a).

Case 1:08-cr-00135-SLR

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Case 1:08-cr-00135-SLR

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