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United States v. Reid

United States District Court, E.D. Michigan, Southern Division

December 27, 2017

United States of America, Plaintiff,
v.
Malcolm Reid, Defendant.

          OPINION FINDING DEFENDANT TO HAVE VIOLATED THE CONDITIONS OF HIS SUPERVISED RELEASE

          Sean F. Cox United States District Judge.

         On December 15, 2017, the Court held a supervised release violation hearing in this case. For the reasons below, the Court concludes that the Government has established, by a preponderance of the evidence, that Defendant committed a Grade A, Grade B, and Grade C violation of supervised release.

         BACKGROUND

         Defendant Malcolm Reid previously pleaded guilty before this Court to possession with intent to distribute heroin, 21 U.S.C. § 841(a)(1), and felon in possession of a firearm, 18 U.S.C. § 922(g)(1). On March 5, 2009, the Court sentenced Defendant Malcolm Reid to 87 months in prison, followed by three years of supervised release (Doc. # 18). The Court imposed the standard conditions of supervision.

         Defendant's supervised release began December 2, 2014 and was set to expire on December 1, 2017. On November 20, 2017, Defendant's probation officer filed a Petition for Warrant alleging that Defendant violated the following three conditions of supervised release:

(1) “Violation of Mandatory Condition: The Defendant shall not commit another federal, state or local crime.”
(2) “Violation of Mandatory Condition: The Defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon.”
(3) “Violation of Standard Condition: “The Defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer.”

         The Court held an evidentiary hearing on December 15, 2017. The Government presented four witnesses: Beaumont Hospital security officer Stephen O'Shaughnessy, Detroit Police Corporal Paul Knapp, Detroit Police Investigator Latunya Moses, and Defendant's probation officer Dion Thomas. The Government also presented as exhibits three police reports and a videotaped interview of LaCreta Slaughter by Corporal Knapp. Defendant did not present witnesses but presented statements made by Defendant and Slaughter to police.

         Having heard and observed the witness who testified at the evidentiary hearing, allowing for this Court to assess credibility, having considered the exhibits submitted by the parties, having considered the arguments presented by counsel, and having applied the governing legal principles, the Court makes the following findings of fact and conclusions of law.[1]

         FINDINGS OF FACT

         During the evening of October 19, 2017, LaCreta Slaughter was visiting Defendant-her ex-boyfriend-at his home. When Slaughter rebuffed Defendant's inquiries about getting back together, an altercation ensued. Defendant pushed Slaughter to the ground and began stomping her with his foot and striking her in the head with a closed fist. He then grabbed a knife and brandished it, swinging it near and at Slaughter. Trying to protect herself, Slaughter attempted to grab or block the knife, resulting in a severe laceration to her right thumb.

         Slaughter attempted to enter the living room, at which time Defendant, who had grabbed a gun, fired a shot in her general direction. Defendant followed Slaughter and began to stomp on her again. Eventually, Defendant ceased his attack and walked away, leaving the gun-a silver and black .40 caliber handgun-behind. Slaughter grabbed the gun and slid it under a couch in the living room. She then convinced Defendant to take her to Beaumont Hospital in Farmington Hills.

         The two arrived at the hospital around midnight. Upon arrival, they encountered security officer Stephen O'Shaughnessy. Defendant told him that Slaughter cut her hand while cutting vegetables. At the same time, Slaughter covertly pointed to Defendant, indicating that he was the perpetrator. Hospital employees took Slaughter to a triage room and Defendant left the hospital. Once separated from Defendant, Slaughter began shaking and crying and stated that Defendant ...


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