Free Order of Detention - District Court of Delaware - Delaware

Case 1 :O7—cr-00042-JJF Document 9 Filed O4/O4/2007 Page 1 of 2
AO 472 (Rev. 3/86) Order of Detention Pending Trial

District of _ Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Thomas L. Dayis Case C KO"], , LIZ-
De endanz
ln 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. § 3l42(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 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 of imprisonment 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. I
§ 3142(f)(1)(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 ofnot more than Eve 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. 1 further Gnd that the defendant has not rebutted this presumption.
Alternative Findings (A)
(l) There is probable cause to believe that the defendant has committed an offense
for which a maximum tenn 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)
(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
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 there are no conditions that will reasonably assure defendant’s appearance as required and the safety ofthe community.
Detention is based on the following reasons:
l. defendant did not contest detention at this time, but reserved the right to present evidence in the future which was granted.
2. Defendant clearly suffers from paranoid schizophrenia, is unemployed on disability for this condition.
3. Defendant has a long and troubling criminal history beginning in 1985 continuing January 2006. Most of his convictions are for assaultive type
behavior including assault 2d, assault in a detention facility, assault 3"* and burglary 3'd, theft, drinking offenses. Since 1995, defendant has averaged
at least two convictions a year for similar type offenses
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Case 1 :O7—cr-00042-JJF Document 9 Filed O4/O4/2007 Page 2 of 2
AO 472 (Rev 3/86) Order of Detention Pending Trial
Part III——Directi0ns 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 of a court of the United States or on request of an attorney for the
Government, the person in charge ofthe corrections facility shall deliver the defendan - United States marshal for the purpose of an appearance in
connection with a court proceeding.
Agni 2 2007 ”
Date ignature 0fJudic` rf er
Mary Pat Thynge, Magistrate Judge
Name and Title 0f./udicia/ Ofcer
*Insert 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 of Act ofSept. 15, 1980 (21 U.S.C. § 955a).