2:15-cr-20652-GCS-DRG Doc # 410 Filed 11/16/16 Pg 1 of 11 Pg ID 1776 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA, v. Plaintiff, CASE NO. 15-20652 HON. GEORGE CARAM STEEH D-13 ARLANDIS SHY, Defendant. ________________________________/ GOVERNMENT’S OPPOSITION TO DEFENDANT’S MOTION FOR REVOCATION OF DETENTION ORDER [381] Arlandis Shy is a flight risk and a danger to the community such that no condition or combination of conditions will reasonably ensure the appearance of the defendant as required and the safety of any other person or the community. The United States of America, by and through its undersigned counsels, files this opposition to the defendant’s Motion for Revocation of Detention Hearing (R. 381). There is a statutory presumption of detention given that the defendant has been indicted on racketeering conspiracy and firearms charges related to his involvement and membership in a violent street gang. The defendant is unable to rebut the presumption. Furthermore, a de novo review of the factors under 18 U.S.C. § 3142(g) will also show by preponderance of the evidence that the defendant is a risk of flight and by clear and convincing evidence that the defendant is a danger to the community. Consistent with the recommendation of 2:15-cr-20652-GCS-DRG Doc # 410 Filed 11/16/16 Pg 2 of 11 Pg ID 1777 Pre-trial Services, the defendant’s detention should be continued pending trial. BACKGROUND On February 17, 2016, the defendant and 14 other individuals were charged in a second superseding indictment with one count of racketeering conspiracy, in violation of 18 U.S.C. § 1962(d), and one count of possession of a firearm in furtherance of a crime of violence, and aiding and abetting, in violation of 18 U.S.C. §§ 924(c) and 2. Some of the other individuals were also charged with murder in aid of racketeering, attempted murder in aid of racketeering, assault with a dangerous weapon in aid of racketeering, and firearm offenses. This indictment was superseded by the third superseding indictment filed on September 21, 2016. The charges for defendant Shy remained the same between the second and third indictment. The third superseding indictment alleges that the defendant is a member of a violent gang called the Seven Mile Bloods, or “SMB.” According to the third superseding indictment, the “SMB is currently in an active gang war with an alliance of other gangs operating on Detroit’s east side . . ..” (R. 321: Third Superseding Indictment, PgID 1398, 1402). The SMB and its rivals “are violently attacking one another and have posted respective ‘hit lists’ on social media.” Id. According to the second superseding indictment, the SMB members identify themselves with the number “55” and sometimes refer to themselves as “55 Crew” or “55 Grinch.” Id. PgID 1401. The SMB is also “heavily involved in the rap music scene. SMB members regularly 2 2:15-cr-20652-GCS-DRG Doc # 410 Filed 11/16/16 Pg 3 of 11 Pg ID 1778 post videos of their rap music and discuss their gang affiliation and accomplishments via rap.” Id. It is also alleged in the second superseding indictment that the SMB “makes its money predominately through the sale and distribution of controlled substances, including cocaine, heroin, marijuana, codeine promethazine, and various prescription pills.” Id. PgID 1402. The SMB’s drug trafficking also involves gang members traveling “to West Virginia, Ohio, Kentucky, and other states to sell controlled substances.” Id. DETENTION HEARING On March 7, 2016, the defendant appeared before Magistrate Judge Stafford for a detention hearing. At the hearing the government proffered, orally and in writing (Government’s Written Proffer in Support of its Request for Detention Pending Trial, R. 95-1), the following facts to support its motion for detention: • There is a statutory presumption of detention pending trial because the defendant was charged with possession of a firearm in furtherance of a crime of violence, and aiding and abetting, in violation of 18 U.S.C. §§ 924(c) and 2. • The written proffer submitted by the government described in greater detail the Seven Mile Bloods, several shootings and murders perpetrated by the gang, and the gang’s narcotics distribution activities in Detroit and West Virginia. • As also detailed in the Pretrial Services report, the defendant has a long history of police contacts involving narcotics and firearms: 3 2:15-cr-20652-GCS-DRG Doc # 410 Filed 11/16/16 Pg 4 of 11 Pg ID 1779 (1) November 26, 2007 – arrested for Possession of Cocaine, less than 25 grams. The defendant, on December 5, 2007, pled guilty to the lesser misdemeanor of Use of Controlled Substance. On January 4, 2008, he was placed on 1-year probation under the Holmes Youthful Trainee Act. The probation was extended on January 5, 2009. Judge Kevin Robbins eventually issued a show cause order and on August 18, 2009, Judge Robbins revoked the defendant’s youthful trainee status and closed probation. (2) January 16, 2009 – the defendant was found by law enforcement in Charleston, West Virginia, in an apartment with marijuana, drug packaging and U.S. Currency. Once officers were able to gain entry, they found the defendant hiding in the bathroom. The defendant told the officers that he had just come in on the Greyhound bus the day before. (Overt act 82, R. 321, PgID 1420) (3) April 2, 2009 – Defendant was arrested in a vehicle after being picked up at the Greyhound station in Charleston, West Virginia. Officers found marijuana on his persons and eventually also found more marijuana hidden on his person. Mr. Shy indicated he was there to meet Anthony Lovejoy, AKA “PT”, Defendant-14 in the Third Superseding Indictment. Officers found over 300 OxyContin pills inside a Bugles Chip bag in the back seat floor of the vehicle. (Overt act 77, R. 321, PgID 1419) (4) June 6, 2013 – Defendant was arrested after fleeing from the corner of Rex and Coram streets in the middle of the “Redzone” in Detroit, as police approached. In the chase, the defendant jumped several fences. He was eventually arrested in possession of a loaded 9mm handgun. The defendant pled guilty on June 17, 2013, to one lesser count of Attempted Carrying a Concealed Weapon in the Third Circuit Court of Michigan. On September 19, 2013, he was sentence to 2 years probation. On October 10, 2014, the defendant pled guilty to violating probation and his probation was continued / extended. A subsequent violation of probation warrant was issued on March 17, 2015. His probation was closed on April 13, 2015. 4 2:15-cr-20652-GCS-DRG Doc # 410 Filed 11/16/16 Pg 5 of 11 Pg ID 1780 (5) On February 27, 2015, the defendant was arrested in Macomb county, Michigan, for obtaining a controlled substance by fraud and obtaining a controlled substance by false prescription. On April 6, 2015, he pled guilty to an attempt to count one (felony) as a habitual offender and count two (misdemeanor). The defendant was sentenced on May 19, 2015 to two years probation. On October 20, the court issued a bench warrant for a probation violation. On October 29, 2015, the defendant pleaded guilty to the probation violation and was sentenced to addition community service as part of his probation. (6) September 25 and 26, 2015 – the defendant attended the “Block” party at a local strip club in honor of Devon McClure, aka “Block”, “Ryder” or “Messiah”, a long-time member of SMB, killed on May 1, 2015. In the early morning hours of September 26, the defendant drove a car with three other SMB passengers including the front seat passenger Andrew Thomas. When officers activated their lights to stop the vehicle, Mr. Thomas threw a loaded 9mm handgun with an extended magazine out the window in a residential neighborhood. Mr. Shy drove many blocks away from that location and eventually turned down another street before stopping for police. Mr. Thomas was charged federally as a felon in possession of a firearm and has pleaded guilty to that charge and is awaiting sentence. (Overt act 11, R. 321, PgID 1408-09) Magistrate Judge Stafford ordered the defendant detained by finding “by clear and convincing evidence that … there is no condition or combination of conditions which will reasonably assure the safety of the community.” (R. 100: Order of Detention Pending Trial, PgID 292). Magistrate Judge Stafford found that: (1) The defendant has been in continuous violation of probation from 2013 through the current arrest; Id. (2) After being placed on probation in 2013, he was found in violation in September of 2014 and then committed new crimes in 2015; Id. 5 2:15-cr-20652-GCS-DRG Doc # 410 Filed 11/16/16 Pg 6 of 11 Pg ID 1781 (3) After being sentenced to probation in May, 2015, he was violated in October 2015 for the aforementioned actions regarding the “Block” party and driving the other three SMB members including Mr. Thomas who threw the gun; and Id. (4) The government’s proffer of the extensive violence during the same period by the conspirators. Id. ARGUMENT Detention under 18 U.S.C. § 3142(e) is warranted when the court finds “that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community.” Pursuant to 18 U.S.C § 3142(g), the factors to be considered are: (1) the nature and circumstances of the offense charged; (2) the weight of the evidence against the person; (3) the history and characteristics of the person; and (4) the nature and seriousness of the danger to any person or the community that would be posed by the person’s release. When, as is the case here, a defendant is subject to the statutory presumption of detention under 18 U.S.C. § 3142(e)(3), the defendant bears a “burden of production,” which requires him to “come forward with evidence that he does not pose a danger to the community or a risk of flight.” United States v. Stone, 608 F.3d 939, 945 (6th Cir. 2010). Even when the defendant satisfies his burden of production, the statutory presumption in favor of detention “remains a factor to be considered among those weighed by the district court.” Id. This is because the presumption “reflects Congress’s substantive 6 2:15-cr-20652-GCS-DRG Doc # 410 Filed 11/16/16 Pg 7 of 11 Pg ID 1782 judgment that particular classes of offenders should ordinarily be detained pending trial,” and it is the defendant’s responsibility to “present all the special features of his case that take it outside the congressional paradigm.” Id. at 946. The defendant, who is a member of a violent street gang and has himself been arrested and convicted on multiple occasions for felony narcotics firearms cases in Michigan and arrested in West Virginia on narcotics related cases, is exactly the type of defendant that should be detained pending trial, and is certainly not “outside the congressional paradigm” when it comes to the statutory presumption of detention. In fact, drug trafficking itself poses a danger to the community for “run-of-the-mill drug dealers, even without any indication that the defendant has engaged in violence.” Id. at 947 n.6. Most of the evidence and arguments proffered by the defendant do nothing to negate the presumption that the defendant is a danger to the community or risk of non-appearance. Nature and Circumstances The nature and circumstances of the offense charged, that of a racketeering conspiracy and firearms charges related to his involvement and long-standing membership in the Seven Mile Bloods strongly favors detention. The Third Superseding Indictment describes SMB activities from 2003 to present – prolific drug dealing both here in Detroit and in West Virginia and an active shooting gang war with their rivals on Detroit’s east side. The defendant’s claims that he is not a SMB member, 7 2:15-cr-20652-GCS-DRG Doc # 410 Filed 11/16/16 Pg 8 of 11 Pg ID 1783 but is arrested in West Virginia and in Michigan with other SMB gang members. The defendant mischaracterizes the September 25, 2015, “Block” party at a local strip club as a “memorial for a young man that was killed.” (R. 381, Defendant’s Motion for Revocation of Detention Hearing, PgID 1649) This was not a candlelight vigil or religious service. This was a party at a strip club attended by many SMB members and from which multiple SMB members were arrested with guns. Weight of the Evidence The weight of the evidence as to flight and dangerousness is strong especially considering much of it comes from well documented police activity. The crux of the government’s argument as to flight is the fact that while on probation for Michigan narcotics charges, the defendant was arrested twice in West Virginia for narcotics charges in 2009. The defendant has clearly demonstrated ties to another jurisdiction, West Virginia, and has been arrested with sums of cash or narcotics indicating an ability to flee the jurisdiction if he chooses. Similarly, the evidence of dangerousness is established by the aforementioned felony convictions and police contacts. This is especially true as the court looks at the defendant’s performance on the many opportunities for probation that he has received. He has not successfully completed any of his probation sentences, with multiple violations often for new arrests or convictions. The defendant suggests that the while on Macomb county probation, that he was 8 2:15-cr-20652-GCS-DRG Doc # 410 Filed 11/16/16 Pg 9 of 11 Pg ID 1784 doing well and that his strong family ties contradict the evidence of flight and dangerousness. However, when agents attempted to arrest the defendant on these charges at the address he had provided to his probation officer, he was not there, and there was little indication that he actually stayed there. Also, the defendant has had strong family contacts throughout his life, but despite any positive influence they have provided, the defendant has consistently been in trouble with the law and not successfully completing his sentences for his multiple convictions. None of the defendant’s arguments diminish the weight of the evidence to flight and dangerousness, therefore, this factor also favors detention. History and Characteristics As detailed above, the defendant’s history and characteristics, since 2007, is that of one clearly involved in multiple criminal violations in Michigan and West Virginia. His actions in 2009 show his involvement in the illicit SMB narcotics trade between Michigan and West Virginia. This factor also favors detention. Nature and Seriousness of the Danger to Any Person or Community The very nature of the Seven Mile Bloods demonstrate a danger to several communities with drugs and violence not diminished in anyway by the ongoing gang war. The defendant having been found with a gun after a chase by police in 2013 is a clear indication that he is embroiled in the danger that SMB presents as is his actions 9 2:15-cr-20652-GCS-DRG Doc # 410 Filed 11/16/16 Pg 10 of 11 Pg ID 1785 in the early morning hours of September 26, 2015, as he drove away from law enforcement while his passenger tosses a gun. The defendant has not demonstrated, in his recent history, any separation from that lifestyle. Thus, this factor favors detention too. CONCLUSION The defendant is a danger to the community and is a risk of nonappearance. The defendant is also subject to a statutory presumption of detention, which the defendant has failed to overcome. His motion for bond should be denied. Respectfully submitted, BARBARA L. MCQUADE United States Attorney s/ Christopher Graveline Chief, Violent & Organized Crime Unit 211 W. Fort Street, Suite 2001 Detroit, MI 48226 Phone: (313) 226-9100 christopher.graveline2@usdoj.gov s/ Michael C. Martin Assistant United States Attorney michael.c.martin@usdoj.gov Dated: November 16, 2016 s/ Rajesh Prasad Assistant United States Attorney rajesh.prasad@usdoj.gov 10 2:15-cr-20652-GCS-DRG Doc # 410 Filed 11/16/16 Pg 11 of 11 Pg ID 1786 CERTIFICATE OF SERVICE I hereby certify that on May 10, 2016, I filed the foregoing document on the ECF system, which will send notice to Christopher Seikaly, 24359 Northwestern Highway, Suite 200, Southfield, MI 48075. s/Rajesh Prasad Rajesh Prasad Assistant United States Attorney 211 W. Fort Street, Suite 2001 Detroit, MI 48226 Phone: (313) 226-0821 E-Mail: Rajesh.Prasad@usdoj.gov 11