Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-cr-00086-JJF Document 6 Filed 05/07/2008 Page 1 of 2
% AO 472 (Rev. l2/03) Order of Detention Pending Trial
UNITED STATES DISTRICT COURT
District of DELAWARE
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
COURTNEY MURRAY, Case Number: 08-87-M
Defendant
In accordance with the Bail Reform Act, IS U.S.C. § 3l42(f`), a detention hearing has been held. I conclude that the following facts require the
detention ofthe defendant pending trial in this case.
Part l—Findings of Fact
Q (I) The defendant is charged with an offense described in IS U.S.C. § 3l42(f`)(l) 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 ofviolence as defined in IS U.S.C. § 3l56(a)(4).
Q an offense for which the maximum sentence is life imprisonment or death.
Q an offense f`or which a maximum term of imprisonment often years or more is prescribed in
1Ir
Q a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in IS U.S.C.
§ 3 l42(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 of conviction Q release ofthe defendant from imprisonment
for thc offense described in finding (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) andthe community. I further find that the defendant has not rebutted this presumption.
Alternative Findings (A)
Q (I) There is probable cause to believe that the defendant has committed an offense
Q for which a maximum term of imprisonment often years or more is prescribed in .
Q under I8 U.S.C. § 924(c).
Q (2) The defendant has not rebuttcd 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)
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 community.
Part lI——Written Statement of Reasons for Detention
I find that the credible testimony and information submitted at the hearing establishes by X clear and convincing evidence X a prepon-
derance ofthe evidence that
Based on the affidavit of probable cause, the report ofthe Probation Office, and other information provided to the Court during the
preliminary hearing and detention hearing, the Court finds clear and convincing evidence that no combination of conditions could reasonably assure
the safety ofthe community between now and the time ofthe Defendant’s trial. The Court further finds that no combination of`conditions could
reasonably assure that the Defendant would appear for all Court events in this matter.
The Court has reached these conclusions based on the following findings and for the following reasons:
the nature and circumstances ofthe offense: the Defendant is accused of being a felon in possession ofa firearm. Alter Wilmington Police
responded to a call in reference to suspicious activity involving three males apparently attempting to gain access to the roof ofa residence, the
males dispersed, contrary to the request of an officer. After an officer chased down Defendant Murray, and tazered him, the officer observed
Defendant remove a black revolver from his waistband and throw it to the ground. The fireami, a Colt Cobra 38 Special, was not
manufactured in Delaware. One ofthe other males was apprehended, as well as an additional firearm and at least two crowbars. Murray had
two prior felony convictions for Possession with Intent to Distribute Narcotic Schedule II Controlled Substance.
the weight ofthe evidence: is strong. Although the Defendant gave a statement denying possession ofthe firearm, thc affidavit of probable cause
reports that a WPD of`ficer could "clearIy idcntif[y]" the Defendant removing a firearm from his waistband. There is no dispute that the
firearm traveled in interstate commerce and that the Defendant was a person prohibited.
the histog and characteristics of the Defendant: as already noted, the Defendant has two prior convictions, both for dmg distribution. He was on
pretrial release from the State of Delaware at the time of`the instant offense. I-le has a single capias on his record. Defendant’s girlfriend
would agree that he could reside with her; he has resided in Delaware for 8 years and has a sporadic employment history.
the nature and seriousness ofthe danger to the community that would be posed by the Defendant’s release: as a felon in possession ofa firearm,
who appears to have been in the midst ofa burglary, and who has prior convictions for drug distribution, the Defendant would pose a danger
to the community if released.

Case 1 :08-cr-00086-JJF Document 6 Filed 05/07/2008 Page 2 of 2
% AO 472 (Rev 12/03) Order of Detention Pending Trial
Part III—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 afforded a
reasonable opportunity for private consultation with defense counsel. On order of a court ofthe United States or on request of an attorney for the
Government, the person in charge ofthe corrections facility shall deliver the defendant the United s mar for the purpose ofan appearance
in connection with a court proceeding. _<
MAY 71**, 2008 »Q/i‘— # “-..—
Date Signature of Judge
Hon. Leonard P. Stark
Name and Title of Judge
*lnsert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 ezseq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951
emeq.); or (c) Section 1 ofAct of Sept. 15, 1980 (21 U.S.C. § 95521).

Case 1:08-cr-00086-JJF

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Case 1:08-cr-00086-JJF

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