United States District Court, N.D. Iowa
ORDER FOR PRETRIAL DETENTION
JON STUART SCOLES, Magistrate Judge.
On the 13th day of June, 2014, this matter came on for hearing on the Government's request to have the Defendant detained prior to trial and the Defendant's request for a preliminary hearing. The Government was represented by Assistant United States Attorney C.J. Williams. The Defendant appeared personally and was represented by his attorney, Max S. Wolson.
I. RELEVANT FACTS AND PROCEEDINGS
On May 30, 2014, Defendant Timothy L. Rush was charged by Criminal Complaint (docket number 2) with being a felon in possession of a firearm. At the hearing, ATF Special Agent Tim Hunt testified regarding the circumstances underlying the charge. On May 29, 2014, the Cedar Rapids Police Department received a report of a man with a handgun. The caller reported that he had seen a black man, wearing a long sleeve white shirt and a red hat, retrieve a handgun from under some bushes and walk off. Officers responded to the scene and found Defendant, who matched the description given by the caller. When Defendant saw the officers, he fled on foot, although he later claimed that he believed the plain clothes officers who were driving an unmarked vehicle, were persons with whom he had had an earlier altercation.
As officers were pursuing Defendant, one officer saw the Defendant pull a handgun from his pocket. The officers lost sight of Defendant for a short period of time, but located him about one block away. Defendant did not have a gun on his person at that time. When officers retraced the path taken by Defendant, however, they found a loaded gun in the backyard. The officer confirmed that the gun matched the description of the gun which he had seen in Defendant's possession.
Defendant was interviewed later that evening at the Cedar Rapids Police Department and, after being Mirandized, agreed to talk to officers. Defendant initially denied possessing the handgun, but later admitted having the gun. Defendant told officers he had found it earlier that day and intended to plant it in another person's vehicle because he wanted to assist law enforcement in getting "shooters off the street."
Defendant is 24 years old. He was born in Chicago and lived there until 2009, when he moved to Cedar Rapids. He was raised by his grandparents, who continue to reside in Chicago. He has five brothers, three of whom live in Cedar Rapids and two who live in Chicago. Defendant has never been married, but has two children with two different women. The children and their mothers live in Chicago.
Immediately prior to his arrest in this case, Defendant was living with his girlfriend in Cedar Rapids and could return there if released. For the past three years, Defendant has been employed at Taco Bell in Cedar Rapids, which is managed by his brother. Defendant's brother confirmed that Defendant could return to that employment if released.
In 2009, Defendant was shot in his left leg and has two metal rods in the leg. Otherwise, he has no history of medical issues and no history of mental or emotional health concerns. Defendant told the pretrial services officer that his alcohol consumption has never been problematic, although the Court notes that he has three convictions for public intoxication. Defendant admitted to the occasional use of marijuana, but told the pretrial services officer that he last smoked marijuana three years ago.
At ages 16 and 17, Defendant was charged in Cook County, Illinois, with retail theft, criminal trespass to land, possession of cannabis (four times), criminal trespass to vehicles, and reckless conduct. The disposition of two of those cases is unknown and two of the cases were not prosecuted. The remaining four cases were stricken from the docket with leave to reinstate.
In January 2008, at age 18, Defendant was charged again with possession of cannabis. While that charge was pending, Defendant was charged with use of an unauthorized weapon. Defendant was given five days in jail on the weapons charge and the drug charge was stricken with leave to reinstate. In 2009, Defendant was convicted of possession of cannabis in McHenry County, Illinois. In December 2009, apparently after he moved to Iowa, Defendant was charged and convicted in Linn County of disorderly conduct-fighting or violent behavior, and interference with official acts.
Defendant was charged seven times in Linn County, Iowa, during 2011. Defendant was convicted of possession of a controlled substance (twice), eluding, interference with official acts (three times), disorderly conduct, and public intoxication. Some of the charges occurred while other charges were pending. In April 2012, Defendant was charged and convicted of disorderly conduct and public intoxication.
On May 7, 2012, Defendant was charged with unauthorized possession of a sawed-off shotgun. He received a suspended five-year prison term. On May 19, 2013, while on probation, Defendant was charged with interference with official acts and public intoxication. He failed to appear for his initial appearance on June 13, however, and a warrant was issued for his arrest. He was also placed on absconder status in his felony probation. Defendant was arrested in Cook County, Illinois, on September 3, 2013. Defendant's probation was modified to require that he reside at a residential facility. Defendant lived ...