United States District Court, W.D. Washington, Tacoma
Theresa L. Fricke United States Magistrate Judge
Court has conducted a detention hearing under 18 U.S.C.
§ 3142(f), and concludes there are no condition or
combination of conditions which would reasonably assure the
appearance of the defendant as required and/or the safety of
any other person and the community.
Court has reviewed the documents of record and considered the
arguments and information presented during the hearing. The
Court's findings are based on 1) the nature and
circumstances of the offense charged - including the
allegations that the stolen items were 24 handguns; 2) the
history and characteristics of the defendant; 3) the nature
and seriousness of the danger release would impose to any
person or the community; and 4) the potential for flight or
failure to appear. 18U.S.C. § 3142(g).
government has met its burden of proving by a preponderance
of the evidence that the defendant presents a significant
risk of non-appearance. The First Supplemental Pretrial
Services Report indicates that defendant has failed to appear
for a hearing in the past. Dkt. 11 at 4. Defendant indicates
that he does not currently have a place of residence, does
not have any plan for a proposed residence of his own nor
does he identify any person who may be willing to be a
third-party custodian, he is not currently employed and does
not have a current source of monthly income. Dkt. 11, First
Supplemental Pretrial Services Report, at 1-3.
also indicates that he is recently divorced and was recently
terminated from his employment for failing to report to work.
Id. at 2. Defendant also acknowledges an increasing
amount of methamphetamine use over die past year.
Id. at 3.
sworn complaint charging Mr. Soocey with Theft From a Federal
Firearms Licensee, in violation of 18 U.S.C. Sections 922(u)
and 2, informs the Court that: In December of 2018, the
Auburn Police Department was called to the residence of
defendant's ex-wife because defendant had chased a guest
into the residence and was kicking the front door causing the
door frame to break. Dkt. 1, 6 at 34. Further, the sworn
complaint states that in May of 2019 the Auburn Police
Department responded to a call from defendant's
ex-father-in-law (P.Y.) alleging that defendant had stolen a
check from P.Y. and forged it in the amount of $1, 200.00 and
then cashed the check. Id. These allegations of
defendant's deteriorating unlawful behavior combined with
increasing drug use and lack of stable community ties show,
by a preponderance of evidence, that defendant would be at
substantial risk of non-appearance, and would likely be
unable to comply with Court-ordered conditions of release.
Court also finds that the government has met its burden in
proving by clear and convincing evidence that the defendant
presents a significant risk of danger to others and to the
community. First, the sworn complaint suggest that defendant
has acted violently in the past when he chased a person into
a residence and repeatedly kicked the door with enough force
to break the door frame. Id.
the circumstances of the alleged offense, stealing 24
handguns from a federal firearms licensee, demonstrate a
danger to the community. The surveillance cameras surrounding
the building that was entered show that the suspects arrived
at the location two hours before commencing the crime to walk
around and observe the location. Dkt. 1, 6 at 12-25. The
suspects then forcibly entered the building (the alarm system
showed entry from the roof, and a tire iron was found later
by investigators, on the roof) to steal 24 handguns.
Id. at 10.
exiting the building with the stolen handguns, at
approximately 5:19 a.m., the suspects allegedly drove a
silver Toyota truck (the investigation revealed that Mr.
Soocey owns such a truck) into the Tacoma Dome Station
transit parking garage. Id. at 26. Surveillance
cameras show that the suspects spent a few minutes driving
the truck through the garage (photos show that cars are
parked in the garage) at a high rate of speed and did not
appear to stop before exiting. Id. at 28. The
actions of the suspects demonstrate the possession of 24
handguns and a disregard for the safety of members of the
community in and around the transit parking garage during
commuting hours, on the morning of the crime.
Assistant United States Attorney pointed out allegations in
the complaint, during the hearing on the motion for
detention, stating that within nine days after the burglary,
a few of the stolen guns began showing up on the street - yet
many of the stolen guns remain unaccounted for. Id.
at 35. Additionally, the second suspect seen in the
surveillance videos has not been identified. If defendant is
in fact the suspect in the surveillance videos, it may
reasonably be inferred that upon his release he would
potentially have contact with the unidentified second person
who allegedly participated in this crime, and may potentially
access those unaccounted-for stolen handguns.
as defendant is alleged to be one of the two involved
suspects, and many of the 24 weapons are still in the
community and unaccounted for, his release would present a
significant potential risk of danger to others and to the
defendant asserted that he suffers from mental illness and
substance abuse disorder. Dkt. 11 (First Supplemental
Pretrial Services Report) at 3. His former employer stated
that Mr. Soocey was a model employee for about ten years;
but, starting in 2018 he was having many problems, he left
that employer in November 2018, and when he later worked
again for the same company he failed to regularly report for
work (after being rehired in February 2019). So, Mr. Soocey
was fired in May 2019 -his former employer stated that before
being separated from employment, Mr. Soocey was given more
than one chance to make improvements. Dkt. 11 at 3.
sequence of events alleged in the complaint and presented by
the Government and the First Supplemental Pretrial Services
Report, considered as a whole, shows that under the Bail
Reform Act factors in 18 U.S.C. § 3142(g), regardless of
the conditions of supervision, Mr. Soocey would be a serious
risk of not conforming his behavior to meet the personal,
professional, or legal responsibilities that would be
required of him if he were released on supervision pending
Court finds that the government has met its burden. The Court
finds that no condition or combination of conditions will
reasonably assure the appearance of the defendant as ...