Free Order of Detention - District Court of Delaware - Delaware

Case 1 :O7—mj-00063-lVI PT Document 8 Filed O4/24/2007 Page 1 of 2
% AO 472 (Rev. 3/86) Order ofDetention Pending Trial
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
IQSDQQ SHAAIDS Case I}, 'Q.T·
Defendant O T M I
In accordance with the Bail Reform Act, 18 U.S.C. § 3 l42(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 (1) The defendant is charged with an offense described in 18 U.S.C. § 3l42(i)(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 18 U.S.C. § 3l56(a)(4).
Q an offense for which the maximum sentence is life imprisonment or death.
Q an offense for which a maximum term ofimprisomnent often 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.
§ 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.
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 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)
_ (lg) There is probable cause to believe that the defendant has committed an offense
for which a maximum term ofimprisonment 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 ofthe community.
Alternative Findings (B)
X (1) 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 clear and convincing evidence a prepon-
derance ofthe evidence: Defendant is charged with knowingly possession and causing to be present dangerous weapons in a federal facility,
specifically this court, in violation of 18 USC § 930(a). The court finds that there are no conditions or combination thereofthat will reasonably
assure defendant’s appearance as required and the safety ofthe community because:
1. the evidence against defendant is substantial. Defendant attempted to bring into the courthouse a knife with a 3 % inch blade, pepper spray, stun
gun and razor blades after denying that he had in his briefcase, leather bag or on his person any dangerous instruments. _
2. Although his grandmother claims that he has never done anything wrong and is not violent when he takes his medication which she verified
that he has failed to do so in the recent past, on two occasions he has had confrontations with law enforcement officers. In each event he felt
that people were trying to get to him or harm him. He claimed that various individuals wer stalking him.
3. defendant is a veteran, diagnosed with schizophrenia and is being treated at the VA hospital. However, he refused to allow access to his medical/
psychiatric records before the detention hearing. Because ofthis, counsel, the court and pretrial services were unable to evaluate appropriateness of
release and the conditions that could be applied. Defendant finally agreed to consent to provide such infomation
Therefore, the court ordered the detention hearing to be continued to allow further evaluation of defendant andhis record__s·to·y;letermi-ne_·whether there- » --
are any conditions that could assure defendant’s appearance and the safety ofthe community. Z . l_ l-- g
Defendant is temporarily detained pending the exchange ofinformation and evaluation. E- T- - T _ T T ` T !
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Case 1 :O7—mj-OO063—lV|PT Document 8 Filed O4/24/2007 Page 2 of 2
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 ofa 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 de ndan lnited States marshal for the purpose of an appearance in
connection with a court proceeding.
April 23, 2007
Date . Signature 0 ` ` I Ojicer
Mary Pat Th e, Magistrate Judge
Name and Title 0f Judicial Omcer
*1nsert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 ez
seq.); or (c) Section 1 ofAct of Sept. 15, 1980 (21 U.S.C. § 955a).