Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-mj-00014-UNA Document 1 1 Filed 01 /31 /2008 Page 1 of 2
ss. AO 472 (Rev. 12/D3) Order of Detention Pending Trial
District of DELAWARE l
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL p
MY RON WILLIAMS, Case Number: 08-14-M
Defendant '
ln accordance with the Bail Reform Act, IS U.S.C. § 3l42(f), a detention hearing has been held. I conclude that the following facts require the
detention of the defendant pending trial in this case.
_ Part I-—~Findings of Fact
Q (l) The defendant is charged with an offense described in 18 U.S.C. § 3 l42(f)(l) and has been convicted ofa Q federal offense Q state 1
or local offense that would have been a federal offense ifa circumstance giving rise to federaljurisdiction had existed - that is i
Q a crime of violence as defined in i8 U.S.C. § 3l56(a)(4). A
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
>l¢
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 (l) was committed while the defendant was on release pending trial for a federal, state or local offense. j
Q (3) A period of not more than live years has elapsed since the Q date of conviction Q release of the defendant from imprisonment
for the offense described in finding (1).
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. l further find that the defendant has not rebutted this presumption.
Alternative Findings (A) ,
Q (E) There is probable cause to believe that the defendant has committed an offense
Q for which a maximum term of imprisonment of ten 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 l that no condition or combination ofconditions will reasonably assure l
the appearance ofthe defendant as required and the safety of the 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. g
Part II——-Written Statement of Reasons for Detention P (
l find that the credible testimony and information submitted at the hearing establishes by X clear and convincing evidence X a prepon- 1
derance ofthe evidence that .
l
Based on the affidavit of probable cause, the report of the Probation Office, and other information provided to the Court during the preliminary (
hearing and the detention hearing, the Court finds clear and convincing evidence that no combination of conditions could reasonably assure the =
safety of the community between now and the time of the Defendant’s trial. The Court further finds that no combination of conditions could
reasonably assure that the Defendant would appear for all Court events in this matter. (
l
The Court has reached these conclusions based on the following findings and for the following reasons; l
the nature and circumstances of the offense: the Defendant is accused of being a felon in possession of a firearm. He was arrested on January 22,
2008 in Wilmington after two eyewitnesses told Wilmington Police they saw Defendant possess a firearm. One ofthe witnesses said the (
Defendant brandished the firearm and tired two shots while trying to rob her son. The second ofthe witnesses said he saw the Defendant hit _
the first witness’ son on the head with the firearm; the Defendant then entered this second witness’ residence and hid the firearm and then left.
_ Officers later recovered a Colt, Cobra Special, .38 caliber revolver in the location within the second witness’ residence where the second
witness said the Defendant had hidden a firearm, When the Defendant was arrested he gave officers a false name and had in his possession a
bundle (i3 bags) of heroin. · · · (
the weight ofthe evidence: is strong. ln addition to two witnesses stating they saw the Defendant in possession ofa firearm, the Defendant gave a
post—arrest statement admitting that he possessed a gun (though his account of the circumstances is at odds with the accounts of the two l
witnesses on nearly all other points). The firearm that was recovered from where the second witness said the Defendant had put it was Q
manufactured outside of Delaware and necessarily moved in interstate commerce prior to the Defendant’s possession of it. The Defendant was
previously convicted of felony offenses including a January 2006 conviction in Delaware Superior Court for possession with intent to deliver a ,
narcotic schedule i. _ l

Case 1 :08-mj-00014-UNA Document 1 1 Filed 01 /31 /2008 Page 2 of 2
e AO 472 (Rev. 12/03) Order of Detention Pending Trial
the historv and characteristics ofthe Defendant: the Defendant has an extensive criminal history, stretching back to his youth, including five prior
felonies (including robbery and possession ofa dangerous weapon), six drug convictions, and six violations of probation. He pled guilty in
state coun most recently just 6 days before his arrest on the instant charge. While it appears that the Defendant has the support of his wife and
}JEtrt311lS and other members ofthe community, and may be able to play a productive role in helping others to learn from his experiences, his
extensive and persistent criminal history leads the Court to conclude that he is not amenable to supervision.
the nature and seriousness ofthe danger to the communig that would be posed by the Def`endant’s release; as a felon in possession ofa firearm,
who also possessed heroin, and who has an extensive criminal history, and who allegedly discharged and otherwise used a firearm in
connection with the instant offense, the Defendant would pose a danger to the community if released.
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, 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 {br the
Got ernment. the person in charge ofthe corrections facility shall deliver the defendant to he United S marshal for the purpose of an appearance -
in confryction with a court proceeding. · é
J “"‘*Jr:,l Bi o=a% QQ/-\ ’
Date ignrzture of./udge
Leonard P. Stark U.S. Magistrate
Name and Title r2f.]ttdge
*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
ctseq.}; or (c) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. § 955a).

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