Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00112-GIVIS Document 15 Filed 10/15/2007 Page 1 of 2
Qi AO 472 (Rev. 3/86) Order of Detention Pending Trial
UNITED STATES DISTRICT COURT
District of __ Delaware
UNITED STATES OE AIT/IERICA
V. ORDER OF DETENTION PENDING TRIAL
Thomas P. Rivers, Jr. Case _, \ rl-
Defendanl \ J Q M5`
In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing has been held. 1 conclude that the following facts require the
detention ofthe 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. § 3142(f)(1) 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 18 U.S.C. § 3156(a)(4).
Q an offense for 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 a felony that was committed after the defendant had been convicted oftwo or more prior federal offenses described in 18 U.S.C.
§ 3142(f)(l)(A)—(C), or comparable state or local offenses.
Q (2) The offense described in tinding (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 ofthe 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 ofconditions will reasonably assure the
safety of(an) other person(s) and the community. 1 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 .
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 ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety of the community.
Alternative Findings (B)
(1) There is a serious risk that the defendant will not appear.
(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
1 find that the credible testimony and information submitted at the hearing establishes by x clear and convincing evidence x a prepon-
derance ofthe evidence: Defendant is charged with felon in possession ofa firearm in violation of 18 USC §§ 922(g) & 924(a). At the time of
his arrest, defendant was 19 years old.
1. Defendant is married to Dawn Rowe as of2005. Ms. Rowe is 12 years older than defendant.
2. Defendant began working full time for Walt’s Chicken as a cooker (last 3 months). Previous employment was as a stock person for Goodwill, a
job that he quit because it was "not right for me." No other employment history.
3. Despite defendant’s limited employment history (most likely due to his age), he has a significant criminal history including 2004 receiving stolen
property and resisting arrest; possession with intent to deliver (felony) June 2005; burglary 3'd & possession with intent to deliver (felony),
welfare ofa child in July 2006, possession of a deadly weapon by a person prohibited October 2006 (felony). within a very short time, defendant
was convicted of at least 4 felonies. At the time ofthe present offense, defendant was on state probation.
F l L E D
. 1
i 1 ._ _
l T`*?`· lf? “ *11 - 1

Case 1 :07-cr-00112-GIVIS Document 15 Filed 10/15/2007 Page 2 of 2
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, nom 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 ofthe corrections facility shall • ‘ ` · * defendant to the United States marshal for the purpose ofan appearance in
connection with a court proceeding. _‘
// ’• I ’
October 15, 2007 A I -··‘ gr lar,}
Date 7 —— mr of./urlicirzlOmcer
~· r at Thynge, Magistrate Judge
Name and Title ofludicial Ojjicer
*Insert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 ez seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 95l ez
seq.); or (c) Section l ofAct of Sept. l5, l98O (2l U.S.C. § 955a).

Case 1:07-cr-00112-GMS

Document 15

Filed 10/15/2007

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Case 1:07-cr-00112-GMS

Document 15

Filed 10/15/2007

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