United States District Court, E.D. Michigan, Southern Division
OPINION AND REVOKING BOND
GERSHWIN A. DRAIN UNITED STATES DISTRICT JUDGE.
November 1, 2017, Defendant Cary Dailey was charged in an
Indictment with violating the Racketeer Influenced and
Corrupt Organizations Act (“RICO”), 18 U.S.C.
§ 1962(d), alleging that Defendant and his
co-conspirators are members in a street gang engaged in
criminal activities, including narcotics trafficking, robbery
and extortion. A Superseding Indictment was filed on November
15, 2017, which added an additional charge for being a felon
in possession of a firearm.
November 14, 2017, Defendant appeared for a detention hearing
before the magistrate judge. Notwithstanding pretrial
services recommendation to detain Defendant pending trial,
the magistrate judge concluded that conditions exist which
will reasonably assure Defendant's appearance at future
proceedings in this matter, as well as the safety of the
community. Thus, the magistrate judge denied the
Government's request to detain the Defendant pending
trial. The Government has filed an appeal of the magistrate
judge's bond order. A hearing on the Government's
appeal occurred on November 17, 2017. For the reasons that
follow, the Court will revoke Defendant's bond.
instant action stems from a multi-year investigation of the
Smokecamp street gang, which historically has been referred
to as the “Runyon Boys, ” “Original Paid
Bosses, ” and “Paid Bosses, Inc.”
(hereinafter “Smokecamp/OPB”). Smokecamp/OPB has
been operating since at least 2007 and its main source of
revenue is the sale of narcotics, including cocaine, cocaine
base, heroin, marijuana, ecstasy, and various prescription
has taken control of the neighborhood near Seven Mile and
Albion Roads on the east side of Detroit, which members refer
to as “ABlock.” Smokecamp/OPB members sell
narcotics from “trap” houses, the Plaga Apartment
complex and businesses such as the East Seven Mile Liquor
Store, Fresh Fish Market, MetroPCS and the Sunoco gas
station, which are all located in the ABlock neighborhood.
Smokecamp/OPB members have also traveled to West Virginia,
Ohio and Kentucky to sell controlled substances.
members utilize a variety of unifying marks and identifying
signs such as red clothing, tattoos of five-pointed stars and
the number 724. They also regularly use social media websites
such as Instagram, Twitter, Facebook and YouTube to highlight
their affiliation with the gang, as well as to boast about
their criminal activities.
members protect their ABlock “territory” by using
intimidation and violence, including assaults and robberies,
both with dangerous weapons, thereby perpetuating a climate
of fear in the ABlock neighborhood. They are also alleged to
have committed extortion, money laundering and witness
intimidation in furtherance of their conspiracy.
is twenty eight years old and a lifelong resident of Detroit.
He currently resides with his sister. He has two children,
age seven and three. Defendant is currently unemployed. He
has a sparse employment history with past work with a cell
company and landscaping.
has an extensive criminal history, including the most recent
conviction for narcotics trafficking, along with two of his
co-conspirators named in the Superseding Indictment, in the
United States District Court for the Northern District of
West Virginia. Defendant was sentenced to a term of forty-one
months imprisonment and three years of supervised release.
The conditions of his supervision include the prohibition of
“frequent[ing] places where controlled substances are
illegally sold, used, distributed or administered.”
See United States v. Williams, No. 1:14-cr-00078,
Dkt. No. 209 at Pg ID 605. In addition to being precluded
from possessing firearms, ammunition or other dangerous
weapons, Defendant is also prohibited from
“associate[ing] with any persons engaged in criminal
activity and . . . any person convicted of a felony, unless
granted permission to do so by his probation officer.”
Id. Defendant's supervision was recently
transferred to this district.
was convicted of marijuana possession and received a three
months of probation in 2009. He failed to appear several
times and a warrant was issued. A year later, Defendant pled
guilty to attempted carrying a concealed weapon and received
two years of probation. Again, Defendant committed numerous
probation violations while serving this sentence.
has been arrested thirty one times. He has repeatedly been
charged with loitering, which is consistent with the
allegations in the Superseding Indictment as Smokecamp/OPB
members sell narcotics out of “trap” houses and
businesses in the ABlock neighborhood During the hearing on
this matter, the Government introduced various photographs
and statements posted by Defendant from his social media
his release from custody stemming from the West Virginia
conviction, Defendant has made several posts suggesting his
continued involvement with Smokecamp/OPB and criminal
activity. In June of this year, while living at a halfway
house, Defendant posted a photograph from his Instagram
account depicting a gun and money. On September 16, 2017,
Defendant posted a picture of himself in front of
co-conspirator Richard Langston's house. The post
included emoji icons of guns and drugs, as well as a
statement that “I never left.” Defendant
self-reported to his probation officer on September 11, 2017.
However, his probation officer scheduled a meeting at his
current residence and he was not there at the scheduled time.
His probation ...