United States District Court, E.D. Michigan, Southern Division
OPINION FINDING DEFENDANT TO HAVE VIOLATED THE
CONDITIONS OF HIS SUPERVISED RELEASE
F. Cox United States District Judge.
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
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.
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
(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
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.
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.
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.
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.
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 ...