Free Order of Detention - District Court of Delaware - Delaware

` Case 1 :08-cr-00010-JJF Document 8 Filed O2/08/2008 Page 1 of 2
mi AO 472 (Rev. l2/03) Order of Detention Pending Trial
District of DELAWARE :
UNITED STATES OF AMERICA
V. ORDER or DET ENTION PENDING TRIAL
GERALD CROOKS, Case Number: 08-I0-UNA
_ Defendant
In accordance with the Bail Reform Act, 18 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 I——~Findings of Fact .
Q (l) The defendant is charged with an offense described in 18 U.S.C. § 3 l42(f)(I) and has been convicted ofa Q federal offense Q state 5
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. § 3l 56(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 of ten years or more is prescribed in (
$
Q a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C. l
§ 3 l42(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. j
Q (3) A period of not more than tive years has elapsed since the Q date of conviction Q release ofthe defendant from imprisonment
for the offense described in finding (I). .
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 pers0n(s) and the community. I further find that the defendant has not rebutted this presumption. i
Alternative Findings (A) l
Q (l) There is probable cause to believe that the defendant has committed an offense T
Q 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 1 that no condition or combination of conditions will reasonably assure (
the appearance ofthe defendant as required and the safety ofthe community. E
. Alternative Findings (B)
X (l) 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 information submitted at the hearing establishes by X clear and convincing evidence X a prepon—
derance ofthe evidence that _
Based on the Indictment, the report ofthe Probation Office, and other information provided to the Court during the detention hearing, the Court
finds clear and convincing evidence that no combination of conditions could reasonably assure the safety of the community between now and the
time ofthe Defendant’s trial. The Court further finds that no combination ofconditions could reasonably assure that the Defendant would appear
l`or 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 of a firearm. A car he was driving was stopped
in November 2007. Officers ultimately retrieved from the vehicle a firearm, multiple rounds of ammunition, and a distributable quantity of
marijuana.
the weight of the evidence: is strong. Defendant gave a post-arrest statement admitting that he possessed the firearm (purportedly at the request of a
friend). There appears to be no dispute that as of November 2007 the Defendant was a previously-convicted felon and the firearm (a I-ligh
Point .380 caliber pistol) had traveled in interstate commerce.
the history and characteristics of the Defendant: the Defendant has an extensive criminal history, including three drug-related convictions over the
past 3 % years. He has more than l0 failures to appear for court proceedings and several violations of probation. After the Defendant was
released on bail from State Court on charges arising from the November 2007 arrest, he was rearrested on the instant federal charge in
February 2008 — and during this arrest, again, Defendant was found in possession of a distributable quantity of marijuana. Despite
Defendant’s apparent ties to the community, the presence of his children in Delaware, his continuing employment, and the support ofhis
brother and girlfriend (who were present at the detention hearing), Defcndant’s criminal history strongly suggests that he is not amenable to
supervision.

Case 1 :08-cr-00010-JJF Document 8 Filed O2/08/2008 Page 2 of 2
se, AO 472 (Rev. 12/G3) Order of Detention Pending Trial I
the nature and seriousness of the danger to the community that would be posed by the Defendar1t’s release: as a felon in possession of a firearm, Y
who also possessed marijuana, and who has an extensive criminal history (including drug offenses), the Defendant would pose a danger tc the z
community if released. i
Part {II——Directi0ns Regarding Detention _ Z
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 of the corrections facility shall deliver the defendant to the United States marshal for the purpose of an appearance (
in connection with a court proceeding. JQ/X
zrsrzoos * l
Date Signature of.}udge
Leonard P. Stark U.S. Magistrate
Name and Title 0fJuc2'ge I
*lnse¤“t as applicable: (al Controlled Substances Act (21 U.S.C. § 801 et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 }
er seq.); or(c) Section 1 ofAct ofSept. 15, 1980 (21 U.S.C. § 955a). t
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Case 1:08-cr-00010-JJF

Document 8

Filed 02/08/2008

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Case 1:08-cr-00010-JJF

Document 8

Filed 02/08/2008

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