Free Response - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona SHARON K. SEXTON Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Arizona State Bar No. 012359 [email protected] Telephone (602) 514-7500

UNITED STATES DISTRICT COURT
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DISTRICT OF ARIZONA
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United States of America, Plaintiff, v. Eric Miguel, Defendant. The United States, by and through counsel undersigned, hereby requests that this court deny the defendant's release. On January 28, 2005, the defendant was detained by United States Magistrate Judge Virginia Mathis. On that date, the matter of detention was submitted based upon a pretrial services report, which requested detention of the defendant. In ordering the defendant detained, the court noted that the defendant "has an outstanding warrant from Maricopa County and he was brought to court on a writ from tribal custody." Pursuant to 18 U.S.C. § 3145(b), a person detained by a magistrate judge may file, with the court having original jurisdiction over the offense, a motion for revocation or amendment of that order." In this case, the government submits that the defendant has offered no factual support for his argument that the release order should be modified. The defendant has been charged with Second Degree Murder and Assault Resulting in Serious Bodily Injury as a result of his conduct in the death of his 5-month-old daughter. During a December 7, 2004 interview, the defendant admitted to the following criminal conduct: 1.) Grabbing the 5-month-old and squeezing her out of anger: (12/7/04 Interview Transcript: 2, 9, 10, 11, 12, 50, 51, 52, 53.) 2.) Choking the 5-month-old child: (12/7/04 Interview Transcript: 52, 53.) RESPONSE TO MOTION TO RELEASE DEFENDANT CR-04-1289-PHX-EHC CR-05-0897-PHX-EHC

Case 2:04-cr-01289-EHC

Document 75

Filed 10/31/2005

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3.) Throwing the 5-month-old child down hard, causing her to scream more: (12/7/04 Interview Transcript: 5, 6.) 4.) Moving the 5-month-old child up and down (in a shaking motion): (12/7/04 Interview Transcript: 51, 52, 53, 55.) 5.) Squeezing the 5-month-old child, in the defendant's own words "real hard." (12/7/04 Interview Transcript: 9, 11, 50, 51.)1 6.) Leaving the 5 month old child to die for approximately 3 hours even though he knew he had abused the child2and she was dying: (12/7/04 Interview Transcript: 15, 22, 23, 41 42, 43, 44, 45, 56, 57.) When asked, "do you think it was your fault?' the defendant responded "Yeah, I do

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believe it was" and repeated "cause I shouldn't have did this." (12/7/04 Interview Transcript:
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57, 58.) When asked what the child would say as to the cause of her death, the defendant replied
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"My daddy did it." (12/7/04 Interview Transcript: 59.)
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Based upon these facts, the government submits that the defendant continues to be a
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danger to the community, as found by Judge Mathis.
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The defendant is also a flight risk. In fact, when the defendant was in tribal custody in
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2003, he was one of three men who engaged in an escape from the tribal jail. He did so by
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overpowering a detention officer, restraining him and locking him into a cell with other inmates.
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The defendant has been charged with this conduct in CR-05-1120-PHX-EHC. Further, the
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defendant's charge of Unlawful Use of Transportation further shows that the defendant is not
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a person who is interested in obeying the law or the mandates of the court. Thus, he is a flight
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risk, as found by Judge Mathis, and he should be continued to be detained.
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The defendant used the word "squeezed" when describing his own conduct at least four times during the December 7, 2004 interview. (12/7/04 Interview Transcript: 9, 11, 50, 51.)
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Such admissions include the defendant's affirmative responses to all of these questions: "Is it that her eyes were kinda open but they weren't moving?" "It was a blank stare?" and "You think that [Jane Doe] was dead at 10:00?" (12/7/04 Interview Transcript: 42, 45.) Further, the 28 defendant compared the baby's appearance to that of his dead grandfather.
2 Case 2:04-cr-01289-EHC Document 75 Filed 10/31/2005 Page 2 of 3

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For all these reasons, the government requests that this court deny the defendant's motion. Respectfully submitted this 31st day of October, 2005. PAUL K. CHARLTON United States Attorney District of Arizona S/Sharon K. Sexton SHARON K. SEXTON Assistant U.S. Attorney
I hereby certify that on October 31, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Jeffrey A. Williams

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I hereby certify that on October 31, 2005, I served the attached document by courier on the following, who is not a registered participant of the CM/ECF system: Regina Begay