2:15-cr-20652-GCS-DRG Doc # 235 Filed 06/30/16 Pg 1 of 15 Pg ID 917 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-12 JEFFERY ADAMS, Defendant. ________________________________/ GOVERNMENT’S OPPOSITION TO DEFENDANT’S MOTION FOR REVOCATION OF DETENTION ORDER [207] Jeffery Adams 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 Bond. See DE 190. 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 Pretrial 2:15-cr-20652-GCS-DRG Doc # 235 Filed 06/30/16 Pg 2 of 15 Pg ID 918 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. The second superseding indictment alleges that the defendant is a member of a violent gang called the Seven Mile Bloods, or “SMB.” According to the second superseding indictment, the “SMB is currently in an active gang war with an alliance of other gangs operating on Detroit’s east side . . . .” See DE 46, Second Superseding Indictment, PgID 146, 150. 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 149. The SMB is also “heavily involved in the rap music scene. SMB members regularly 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 2 2:15-cr-20652-GCS-DRG Doc # 235 Filed 06/30/16 Pg 3 of 15 Pg ID 919 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 150. The SMB’s drug trafficking also involves gang members traveling “to West Virginia, Ohio, Kentucky, and other states to sell controlled substances.” Id. PROCEDURAL POSTURE On March 8, 2016, the defendant appeared before Magistrate Elizabeth Stafford and consented to detention. The defendant faces a rebuttable presumption of detention since he is charged with possession of a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. §§ 924(c). See 18 U.S.C. § 3142(e)(3)(B). 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)(B), the defendant bears a “burden of production,” which requires 3 2:15-cr-20652-GCS-DRG Doc # 235 Filed 06/30/16 Pg 4 of 15 Pg ID 920 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 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 who actively advocates and participates in the gang’s violence, 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, the drug trafficking the defendant and his fellow SMB members engage in itself poses a danger to the community so much so that “run-of-the-mill drug dealers, even without any indication that the defendant has engaged in violence” are regularly detained on dangerousness grounds. Id., at 947, n.6 (citing numerous Sixth Circuit precedents in support of this proposition). 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. 4 2:15-cr-20652-GCS-DRG Doc # 235 Filed 06/30/16 Pg 5 of 15 Pg ID 921 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 second 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 active participation in both of these activities is corroborated by his Facebook account. First, his username is “NO Scales Brick” – a clear reference to a drug dealer who deals in exclusively kilogram quantity of drugs since he has no need for a scale to weigh out lesser amounts. Second, the defendant puts his drug dealing, including the various drugs listed in the indictment, on full display on the Internet. Here are but a few examples (highlighting added): Posted 2011-12-21 16:25:10 UTC Status SMB KING triple "OG" dats y dey nick name me a whole key ..... STR8 DROP Mobile true 5 2:15-cr-20652-GCS-DRG Doc # 235 Filed 06/30/16 Pg 6 of 15 Title Red&yellow on 5um #hawk5 5hit #000 #Gang Uploaded 2015-02-27 01:35:52 UTC Title GG'z on deck Uploaded 2014-11-28 18:15:26 UTC 6 Pg ID 922 2:15-cr-20652-GCS-DRG Doc # 235 Filed 06/30/16 Pg 7 of 15 Pg ID 923 Even more disconcerting is the defendant’s threats and advocacy of violence on behalf of the SMB over the course of several years. Here are a few of the posts to that effect (highlighting added): Posted 2015-03-02 18:54:34 UTC Status IM WAR READY AT ALL TIME5 #000 #Gang Mobile true Posted 2015-02-27 15:04:30 UTC Status FULL KOURT PRE55 ON DA 5TREET5 IF U NOT #H5 #55 #000 or #GANG 5HIT DROPIN Mobile true Posted 2015-02-27 13:16:12 UTC Status 5hit brazy I rode pa55 it la5tnite B.I.H BLOOD IN HEAVEN😇 re5t up #000 on #Gang nigga5 5no how we roxkin 5till up ⬆ ✔ DA 5xore flat line we ♋ finna 5hake DA whole 5ity down #REALGANGWAY 7MILE BLOODZ Posted 2015-01-10 01:56:27 UTC Status GREEN LITE A NIGGA � Mobile true Posted 2013-09-16 12:52:55 UTC Status Its seem like everybody SMB or HOBSQUAD beef wit niggaz always tellin da police (hustleboyz) been snitchin (220) snitchin got paper work on dem (maxout) snitchin on da news i guess SMB da last real niggaz left #SQUAD Posted 2012-10-23 22:14:00 UTC Status Public Service Announcement!!! S.M.B. we dont fuck wit teameast , new skool , hustlebumz , 220 , we not cool its on site when i c niggaz we put in 2 much work 2 let da streetz down its not beef its personal so nigga better strap dey seat beltz on an hope dey have a safe ride..... STR8DROP Mobile true 7 2:15-cr-20652-GCS-DRG Doc # 235 Filed 06/30/16 Pg 8 of 15 Title 5hout out 2 my niggaz in da field fr 42k Uploaded 2015-08-16 18:40:28 UTC 8 Pg ID 924 2:15-cr-20652-GCS-DRG Doc # 235 Filed 06/30/16 Pg 9 of 15 Pg ID 925 Title 42k we killin everything dey stand foe�� Uploaded 2014-12-28 16:35:22 UTC Tags Comments User NO Scales Brick (100000999617496) Text #strapless not I Finally, the government will present evidence at trial that will directly link defendant Adams to the Twitter account (000_big_blood) that has been posting the hit list of the SMB rival gang members, pictures of deceased rivals, and news stories about the shootings. For example, here is a posting from this account in reference to the victim of Count Fourteen and the circumstances around the shooting: 9 Doc 235 Filed 06/30/DETROIT - Den-Cut [whee are a! the where three penple WEIE said to be she: The moi-dent happened Friday- rIIghI: In the area of Dunne-5e and Emit Street According to Inweellgators four males were talking In a car all the Inlerse-Ellnn when anmher vehicle pulled up and enened fire. A 19-year-old was ?laially wounded In1he head while two lathe-rs ages El} and 21.were cntleally In uretL pollce 531-- I ha?aybuywill 2:15-cr-20652-GCS-DRG Doc # 235 Filed 06/30/16 Pg 11 of 15 Pg ID 927 Simply put, the defendant has lived in the Red Zone for years, has been active with SMB for a long time, is actively encouraging murder and shootings, and has been an integral member in this violent gang spanning their drug pipeline between Michigan and West Virginia. This pipeline has had substantial effects on the quality of life both on Detroit’s east side and the Charleston, West Virginia area. Prescription pill abuse in West Virginia is at epidemic levels. See Attachment A – President’s West Virginia Drug Control Update (documenting the drug issues in 2007-2009); Attachment B – Report: West Virginia has highest drug overdose death rate, Washington Times, June 17, 2015. Thus, the nature and seriousness of the charge clearly favors detention. 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 and the defendant’s own social media. The defendant, and his gang, has significant ties to West Virginia giving him a built-in place to go to evade this case. The defendant was arrested in West Virginia in 2009 with Robert Brown and another SMB member. During that arrest, the defendant was found to be in possession of marijuana, cocaine, and cash. Similarly, the evidence of dangerousness, as stated above, is very strong. The defendant suggests his girlfriend, Jalyscia Bone, would be a good third party custodian to negate concerns of flight or dangerousness. However, Ms. Bone has not prevented him from engaging in criminal activity in the past, and there is no indication 11 2:15-cr-20652-GCS-DRG Doc # 235 Filed 06/30/16 Pg 12 of 15 Pg ID 928 that she will be able to do so in the future. In fact, there is nothing in the defendant’s proffered affidavit that would suggest changed circumstances other than Ms. Bone’s assertion that she does not believe that the defendant poses a danger to the community or risk of flight. None of the defendant’s arguments diminish the weight of the evidence to flight and dangerousness, let alone overcome the presumption; therefore, this factor also favors detention. History and Characteristics The defendant’s history and characteristics, especially over the last nine years, is that of one clearly involved in the violent, illicit SMB narcotics trade both here in Michigan and in West Virginia. All of his actions and writings demonstrate an individual who is focused on inflicting revenge on rival gangs and a person wedded to violence and crime. Id 489214657788517 Title #SMB so its fuck niggaz STR8DROP 12 2:15-cr-20652-GCS-DRG Doc # 235 Filed 06/30/16 Pg 13 of 15 Pg ID 929 Uploaded 2012-12-30 01:35:34 UTC Title Blood in... Blood out ON BLOODZ Uploaded 2012-08-10 15:15:30 UTC This factor also favors detention. Nature and Seriousness of the Danger to Any Person or Community The very nature of the Seven Mile Bloods demonstrates a danger to several communities with drugs and violence not diminished in anyway by the ongoing gang war. The defendant has not demonstrated, in his recent history, any separation from that lifestyle. Thus, this factor favors detention too. 13 2:15-cr-20652-GCS-DRG Doc # 235 Filed 06/30/16 Pg 14 of 15 Pg ID 930 CONCLUSION The defendant is very much a danger to the community and 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) 226-9155 christopher.graveline2@usdoj.gov s/ Michael C. Martin Assistant United States Attorney michael.c.martin@usdoj.gov s/ Rajesh Prasad Assistant United States Attorney rajesh.prasad@usdoj.gov Dated: June 30, 2016 14 2:15-cr-20652-GCS-DRG Doc # 235 Filed 06/30/16 Pg 15 of 15 Pg ID 931 CERTIFICATE OF SERVICE I hereby certify that on June 30, 2016, I filed the foregoing document on the ECF system, which will send notice to Ryan Machasic, attorney for the defendant. s/Christopher Graveline Christopher Graveline Assistant United States Attorney 211 W. Fort Street, Suite 2001 Detroit, MI 48226 Phone: (313) 226-9155 E-Mail: Christopher.graveline2@usdoj.gov 15