Beruflich Dokumente
Kultur Dokumente
Presently before the Court is the Governments motion for pretrial detention of
knowingly and willfully transmitting a threat, in interstate and foreign commerce, and
threatening to kill a U.S. Congressman while he engaged in the performance of his official
valid criminal complaint will suffice to establish probable cause to believe the defendant has
committed the charged offense. United States v. Chimurenga, 760 F.2d 400, 405 (2d Cir.
1985). I find that the complaint and supporting affidavit, as supplemented by the factual
proffer made by the Government, are sufficient to establish probable cause that Defendant
The Government has moved for detention based on danger to others and to the
community. The detention motion may be based on risk of danger under 18 U.S.C.
3142(f)(1)(A) because the charged offense is a crime of violence, as that term is defined in 18
U.S.C. 3156(a)(4)(A), in that it has, as an element, the threatened use of physical force
against the person of another. Based on the nature of the charged offense, there is no
ordered a mental health examination to address Defendants suitability for pre-trial release.
Case 5:17-mj-00523-TWD Document 12 Filed 12/11/17 Page 2 of 5
(Dkt. No. 11.) The report of Thomas A. Lazzaro, PhD., was received by the Court on
December 7, 2017, and copies were forwarded to counsel. The Court has considered Dr.
Lazzaros report, Pretrial Services Report of December 1, 2017, and an Addendum dated
December 8, 2017, and a November 30, 2017, letter from Defendants parents.
The Government proceeded by proffer, and asked the Court to consider the pending
criminal complaint, and the Pretrial Services Report and Addendum. The Government
argued the report of Dr. Lazzaro was inconsistent. The Government also played a recording
of the voice mail message in question. Defendant likewise had the opportunity to present
evidence, and as noted the Court accepted and thoroughly reviewed the letter from
Defendants parents and the report of Dr. Lazzaro, which Defendant argued was not
To support its motion for detention, the Government bears the burden of proving risk
clear and convincing evidence. United States v. Chimurenga, 760 F.2d 400, 405 (2d Cir.
1985). The factors for this Court to consider include the nature and characteristics of the
offense charged; the history and characteristics of the defendant; the weight of the evidence
against the defendant; and the nature and seriousness of the risk to the community if the
I conclude that the Government has sustained its burden to prove, by clear and
convincing evidence, that Defendant presents an unreasonable risk of danger to others and to
the community through continued acts of violence, and that no conditions of release will
adequately mitigate that risk. I will consider, in turn, the relevant factors, which support my
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The Government did not move for detention based upon risk of flight.
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Defendant has been charged with threatening to kill a U.S. Congressman and his
family. He allegedly left a voice mail detailing the threat and specifically included the
Congressmans family in the threat. The threat also referenced the topic of net neutrality
which is the subject of proposed regulations and legislation that are presently being
considered by the Federal Communications Commission and U.S. Congress. See Complaint
5.
Defendant was employed but has apparently lost his job due to his arrest. He has a
college education. He has limited assets. He has generally resided in this District in the
Syracuse area for the past several years, and his parents reside in Geneva, New York, located
Defendant has a history of receiving a ticket for Unlawful Possession of Marijuana, but
he has no other criminal history. Defendant apparently has some history of alcohol and
marijuana abuse, as reported by campus police where he attended college, although he denied
any history of substance abuse. Notably, Defendant had been drinking when he met with FBI
agents during the investigation, and his BAC was .08% when he was arrested and processed.
It was suggested that Defendant may have been drinking when the alleged crime occurred.
While Dr. Lazzaro concluded that Defendant would not be a danger to himself or others if
returned to the community awaiting trial, he also noted Defendant was somewhat rebellious
and had anxiety and depression. According to Dr. Lazzaro, Defendant had deficits in self-
esteem and feelings of self-worth, and would benefit from counseling and possible medication
intervention.
Most troublesome is that Defendant has apparently been engaged in some sort of
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firearms shooting lessons or training. A loaded firearm and a case of ammunition were
The complaint alleges that Defendant left a voice mail specifically threatening to kill
the Congressman and the Congressmans family. See Complaint 5. While it was suggested
that Defendant may have been drinking at the time, nevertheless in listening to the recording
which was played at the hearing, the speaker was quite articulate, as well as specific and
precise in the threat. The investigation revealed the telephone number used for the voice mail
matched Defendants cellular number and the investigating agents were able to reach
Defendant has been charged with a violent crime. He has a history substance abuse
problems and some mental health issues. This Court finds Defendants substance abuse
issues, and the detailed violent threat, coupled with having a loaded firearm and other
ammunition, along with apparent participation in shooting lessons, present a danger to the
community.
The Court has considered whether any conditions of release would reduce Defendants
risk of danger to others to an acceptable level, and finds that no combination of conditions
would do so.
The Court notes that Defendant would likely benefit from mental health counseling.
Therefore he should be housed at a facility that offers comprehensive mental health care, if
possible.
WHEREFORE, it is hereby
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