Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-mj-00233-U NA Document 7 Filed 1 1/29/2007 Page 1 of 2
AO 472 (Rev. I2/O3) Order of Detention Pending Trial
District of
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
JARROD WILLIAMS, Case Number: 07-233-M
Dejem/unt
In accordance with the Bail Reform Act, I8 U.S.C. § 3l42(f), a detention hearing has been held. I conclude that thc 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 I8 U.S.C. § 3I42(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 defined in I8 U.S.C. § 3I56(a)(4).
Q an offense t`or which the maximum sentence is life imprisonment or death.
Q an offense for which a maximum term ofimprisonment often years or more is prescribed in
#
Q il felony that was committed after the defendant had been convicted oftwo or more prior federal offenses described in l8 U.S.C.
§ 3 I42(t)(l)(A)-(C), or comparable state or local offenses.
Q (2) The offense described in Ending (I) was committed while the defendant was on release pending trial for a federal. state or local offense.
Q (3) A period ofnot more than five 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. (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 .
under I8 U.S.C. § 924(c).
(2) The defendant has not rebutted thc presumption established by Ending I that no condition or combination ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community. Q; E "*_ .
Alternative Findings (B) I i L E D
X (I) There is a serious risk that the defendant will not appear. n I
X (2) There is a serious risk that the defendant will endanger the safety of another person or the communit a _ i
I- ,_· _f. it _{.-‘ Q
.5. DISTHII" ti .
D:SIFi CI UF UELAIl»1v`.i.*.HE _
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
The Defendant waived his right to contest pretrial detention. Based on the affidavit ofprobable cause, and the report ofthe Probation Office, the
Court hnds clear and convincing evidence that no combination of conditions could reasonably assure the safety ofthe community between now and
the time ofthe Defcndant’s trial. The Court further finds that no combination ofconditions 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 circtrmstances ofthe offense: the Defendant is accused of being a felon in possession ofa firearm.
the weight ofthe evidence: is strong. After threatening to shoot a security employee, WPD officers questioned the Defendant, who stated he
had "a heatcr," which they took to mean a hrearm. The officers then found a Davis .32 caliber loaded pistol in the Defendant’s front pants
pocket
the historv and characteristics ofthe Defendant: although having ties to the community, and having steady employment, the Defendant also has at
least four prior convictions, including for possession ofa firearm by a prohibited person and possession ofa firearm during commission ofa
f`elony. I-lc has at least six failures to appear for court events and a capias.
the nature and seriousness ofthe danger to the communitv that would be posed bythe Defendants relcasezas a felon in possession, with prior
convictions involving guns (and others involving drugs), and as an individual who has not fared successfully under previous efforts ofjudicial
supervision. the Defendant would pose a serious danger to the community if released.

Case 1 :07-mj-00233-U NA Document 7 Filed 1 1/29/2007 Page 2 of 2
=·>. AO #172 (Rev. 12/03) Order of Detention Pending Trial
Part I1I——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 ofa 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 t e United States marshal for the purpose ofan appearance
in connection with a court proceeding. JL &<`
!§»»e»»laV Qft >~¤ V7 Q’\~ ·
Date Signature 0fJm/ga
Leonard P. Stark U.S. Magistrate
Name and Title 0fJudge
*lnsert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 etseq.); (b) Controlled Substances import and Export Act (21 U.S.C. § 951
et seq.); or (c) Section I ofAct of Sept. 15, |98O (21 U.S.C. § 955a).

Case 1:07-mj-00233-UNA

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Case 1:07-mj-00233-UNA

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