United States District Court, W.D. Washington, Seattle
Fla. No. 19 mj 03305 - louis
L. WEINBERG, UNITED STATES MAGISTRATE JUDGE
Charged: Interstate transmission of threatening
of Detention Hearing: September 3, 2019.
Court, having conducted a detention hearing pursuant to 18
U.S.C. § 3142(f), and based upon the factual findings
and statement of reasons for detention hereafter set forth,
finds: (1) by clear and convincing evidence, that no
condition or combination of conditions which defendant can
meet would reasonably assure the safety of other persons and
the community; and (2) by a preponderance of the evidence,
that no condition or combination of conditions which
defendant can meet would reasonably assure defendant will
make his court appearances as required.
OF FACT AND STATEMENT OF REASONS FOR DETENTION
Complaint alleges that defendant threatened, via Facebook, to
kill or to injure specific individuals and entire groups,
generally because they belonged to specific nationalities or
racial or ethnic groups. It also alleges that he hired an
associate to beat up a specific person in Miami, and then to
kidnap her and transport her to Seattle; and that defendant
and made a payment toward their agreement.
Even if defendant does not carry out any of his threats, just
making the threats poses a danger to the community, as they
are very frightening to those who receive them or become
aware of them.
Defendant's criminal record includes two convictions for
harassment; two for telephone misuse repeat calls; burglary
first degree; and a charge pending in Virginia for concealed
weapon in possession. Defendant failed to appear in the case
pending in Virginia, and traveled to Seattle. The Virginia
court issued a bench warrant, which is still pending.
Defendant allegedly told law enforcement he was aware of this
warrant when he left for Seattle.
Defendant has a history of failure to comply with conditions.
He had various violations while on probation, and violated
has very few substantial roots in the State of Washington, or
Florida, or Maryland. He is unmarried, has no children, and
no steady employment. He is associated with multiple aliases
and two dates of birth.
Defense counsel urges that defendant's conduct is caused
almost entirely by his various mental health ailments. This
might well be true - but does not diminish the danger he
would pose if released, or the likelihood that he would fail
to appear a s required. Defendant has failed to comply with
mental health treatment in the past.
Defense counsel also argues that defendant's danger could
be addressed by prohibiting his access to the internet.
Counsel proposes that defendant reside with his father in
Maryland, who would not allow internet access in the home.
But defendant could easily gain access to the internet at an
internet café, or a public library.
Defense counsel also argues that if defendant is detained, he
will be in danger from other inmates or even from law
enforcement officers; and that this potential danger
outweighs any danger defendant might present to other persons
or the community. This contention is without merit. Among
other reasons, the court has confidence that law enforcement