2:15-cr-20652-GCS-DRG Doc # 680 Filed 09/13/17 Pg 1 of 7 Pg ID 3593 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES, HON. GEORGE CARAM STEEH CASE NO. 15-20652 Plaintiff, vs. KEITHON PORTER, Defendant. / MOTION TO REVOKE DETENTION ORDER Now Comes Defendant, Keithon Porter, by and through his attorney, Steven Scharg, and moves this Honorable Court, pursuant to 18 U.S.C. Section 3145(b), to revoke the Detention Order and set conditions of release for Mr. Porter. Defendant files a supporting brief and further states: 1. Defendant made his initial appearance on the Fourth Superseding Indictment on December 21, 2016, having been charged with Count One: Rico Conspiracy, Count Thirteen: Attempted Murder in Aid of Racketeering, Count Fourteen: Assault with a Dangerous Weapon in Aid of Racketeering, Count Fifteen: Use and Carry of a Firearm During, and in Relation to , a Crime of Violence, Count Sixteen: Murder in Aid of Racketeering, Count Seventeen: Use of a Firearm in Furtherance of a Crime of Violence Causing Death, Count Eighteen: Attempted Murder in Aid of Racketeering, Count Nineteen: Attempted Murder in Aid of Racketeering, Count Twenty: Attempted Murder in Aid of Racketeering, Count Twenty-One: Assault with a Dangerous Weapon in Aid of Racketeering, Count 1 2:15-cr-20652-GCS-DRG Doc # 680 Filed 09/13/17 Pg 2 of 7 Pg ID 3594 Twenty-Two: Assault with a Dangerous Weapon in Aid of Racketeering, Count Twenty-Three: Assault with a Dangerous Weapon in Aid of Racketeering, Count Twenty-Four: Use and Carry of a Firearm During, and in Relation to, a Crime of Violence, and Count Thirty Two: Possession of a Firearm in Furtherance of a Crime of Violence. 2. A Detention Hearing was conducted on December 28, 2016 for Defendant Porter and was ordered detained. 3. Defendant contends that he is neither a risk of flight nor a danger to the community. 4. To the extent the Court deems necessary, there are conditions of release which will assure the Defendant’s appearance and the safety of the community. 5. Defense counsel has sought the concurrence of the assigned AUSA, Christopher Graveline, in the present matter, and it has been denied. WHEREFORE, Defendant respectfully requests this Honorable Court to enter an Order revoking the Detention Order and setting reasonable Conditions of Release. Dated: September 1, 2017 Respectfully submitted, s/Steven Scharg STEVEN SCHARG Attorney for Defendant Porter 615 Griswold, Suite 1125 Detroit, Michigan 48226 (313) 962-4090 Mi Bar No. P43732 Scharg1924@gmail.com 2 2:15-cr-20652-GCS-DRG Doc # 680 Filed 09/13/17 Pg 3 of 7 Pg ID 3595 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES, HON. GEORGE CARAM STEEH CASE NO. 15-20652 Plaintiff, vs. KEITHON PORTER, Defendant. / BRIEF IN SUPPORT OF MOTION TO REVOKE DETENTION ORDER I. It is alleged in the Fourth Superseding Indictment that Defendant and others in this conspiracy were members of the Seven Mile Blood gang. The Indictment further contends that Defendant Porter was involved in murders and violent activity from July 2014 through January 2016. At the detention hearing in this case, Defendant Porter consented to detention but always argued that he was not a flight risk nor a danger to the community and that the Indictment is just allegations. This Honorable Court should revoke the Detention Order and set reasonable conditions of release. II. Section 3145(b) of Title 18 of the United States Code provides for review of the Detention Order by the Court having original jurisdiction over the offense. That 3 Doc 680 Filed 09/13/3596 section further provides that the motion be determined [Emphasis added). Moreover. Mr. Porter is presumed innocent. 18 U.S.C. 31420]. Section 3142(g] ofTitle 18 sets forth the factors that the Court should consider when making a determination whether there are conditions of release that will reasonably assure the appearance ofdefendant and the safety ofthe community. It is conceded that the charges lodged against Mr. Porter are serious, there has not been any evidence presented that would consider the weight ofthe evidence in the government's favor. There is no dispute that Defendant Porter has prior convictions for drug offenses in state court occurring in 2015 and was placed on probation. There are probation violation warrants outstanding in those cases for Defendant Porter's failure to appear. However. on March 31. 2016. Defendant and his brother was shot numerous times by the government's witness in this case,_ and Defendant was in the hospital and physical therapy for a long period oftime. which caused Defendant Porter to miss his probation appearances. Also, in one case. he was on a tether and the battery was dead, causing a tether violation and Defendant Porter was not even aware of it Defendant Porter further contends that the government's witness in this case._, also killed another person after shooting Defendant Porter and his brother but worked out a deal to cooperate in this federal case in exchange for a prison sentence. Soon after. Defendant Porter was charged in this Indictment. 2:15-cr-20652-GCS-DRG Doc # 680 Filed 09/13/17 Pg 5 of 7 Pg ID 3597 Defendant Porter is thirty-one years old and lifetime resident of Michigan. He has resided in the City of Detroit for the last ten years with his aunt. Defendant Porter has a tenth grade education but has been working at temporary service until he began working with his brother’s collision shop the last couple of years. He is not married and does not have any children. Prior to his arrest Defendant Porter was helping taking care of his mother who is very ill. IV. Defendant Porter believes that this Honorable Court can fashion conditions of release, which will assure his appearance for all court dates and also assure the safety of the community. Make no mistake, Mr. Porter gives his solemn word that he will appear for all scheduled court dates and that he will not commit any crime: federal, state, or local while released on bond. Reasonable conditions in the present case could include house arrest, GPS tether, or even a curfew. Defendant Porter would submit to urinalysis testing to confirm that he is not using any controlled substances if released into the community. Counsel has a third-party custodian willing to accept responsibility for Defendant Porter’s actions. V. For the following reasons, Mr. Porter respectfully requests this Honorable Court to revoke the Detention Order and set reasonable conditions of release. 5 2:15-cr-20652-GCS-DRG Doc # 680 Filed 09/13/17 Pg 6 of 7 Dated: September 1, 2017 Pg ID 3598 Respectfully submitted, s/Steven Scharg STEVEN SCHARG Attorney for Defendant Porter 615 Griswold, Suite 1125 Detroit, Michigan 48226 (313) 962-4090 Mi Bar No. P43732 Scharg1924@gmail.com 6 2:15-cr-20652-GCS-DRG Doc # 680 Filed 09/13/17 Pg 7 of 7 Pg ID 3599 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES, Plaintiff, vs. KEITHON PORTER, Defendant. HON. GEORGE CARAM STEEH CASE NO. 15-20652 / CERTIFICATE OF SERVICE I, Steven Scharg, hereby state that I personally served Assistant U.S. Attorney, Christopher Graveline, through ECF filing at Christopher.graveline2@usdoj.gov with a copy of a Motion to Revoke Detention Order and Certificate of Service, for the above-captioned matter. Respectfully submitted, s/Steven Scharg STEVEN SCHARG Attorney for Defendant Porter 615 Griswold, Suite 1125 Detroit, Michigan 48226 (313) 962-4090 Mi Bar No. P43732 Scharg1924@gmail.com Dated: September 13, 2017 7