Information — United States v. Shibley (Dkt. 161, W.D. Wash. No. 2:20-cr-00174)

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U.S. District Court for the Western District of Washington · No. 2:20-cr-00174-JCC · Doc. 161 · 2022-04-05 · Docket on CourtListener

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Stenographically reported - Transcript produced with computer-aided technology
Debbie Zurn - RMR, CRR - Federal  Reporter - 700 Stewart St. - Suite 17205 - Seattle WA  98101 - (206) 370-8504
September 16, 2020 - 1
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE
_____________________________________________________________
UNITED STATES OF AMERICA, 
Plaintiff,
v.
ERIC SHIBLEY, 
Defendant.
 
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CR20-174-MLP-JCC 
SEATTLE, WASHINGTON
September 16, 2020
2:30 p.m.  
Initial Appearance 
_____________________________________________________________
VERBATIM REPORT OF PROCEEDINGS
BEFORE THE HONORABLE MICHELLE L. PETERSON 
UNITED STATES MAGISTRATE JUDGE
_____________________________________________________________
APPEARANCES:
For the Plaintiff:
Brian Werner
Assistant United States Attorney
700 Stewart Street
Suite 5220
Seattle, WA 98101
For the Defendant:
Michael Nance 
Attorney at Law
615 2nd Avenue
Suite 760, Penthouse Suite
Seattle, WA 98104
Case 2:20-cr-00174-JCC     Document 161     Filed 04/05/22     Page 1 of 11

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Debbie Zurn - RMR, CRR - Federal  Reporter - 700 Stewart St. - Suite 17205 - Seattle WA  98101 - (206) 370-8504
September 16, 2020 - 2
THE CLERK:  The next matter before the court is 
scheduled for an initial appearance.  This is 20-385, United 
States of America versus Eric Shibley.  We'll please take 
appearances, starting with the government, followed by 
defense counsel, then the Pretrial Services office.  Thank 
you. 
MR. WERNER:  Good afternoon, Your Honor.  Brian 
Werner on behalf of the United States.  
MR. NANCE:  Michael Nance, appearing for Eric 
Shibley. 
THE COURT:  Mr. Nance, you cut out.  So you want to 
try that again?  
MR. NANCE:  Michael Nance appearing for Eric Shibley.  
Is that better?  
THE PROBATION OFFICER:  Good afternoon, Your Honor.  
This is Angela McGlynn, appearing on behalf of Probation and 
Pretrial Services.  
THE COURT:  All right.  Maybe it's my line that's 
cutting out, because you cut out a little bit officer...  
THE PROBATION OFFICER:  Angela McGlynn. 
THE COURT:  All right.  Can everybody hear me okay?
MR. WERNER:  Yes, Your Honor.  
THE PROBATION OFFICER:  Yes, Your Honor.  
THE COURT:  I don't know if I can talk much more.  
THE DEFENDANT:  Yes, Your Honor. 
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Debbie Zurn - RMR, CRR - Federal  Reporter - 700 Stewart St. - Suite 17205 - Seattle WA  98101 - (206) 370-8504
September 16, 2020 - 3
THE COURT:  Okay.  Thank you.  We'll both try to keep 
our voices up.  
Okay.  Before we begin today, did you have an opportunity 
to speak to Mr. Nance about appearing by video today?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  And after consulting with Mr. Nance, do 
you consent to proceed by video?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Okay.  Mr. Nance, it might be when I'm 
unmuted and you're unmuted at the same time.  That might be 
causing the feedback.  If you could mute -- or if we could 
mute Mr. Nance.  There, that's much better.  
I promise if you want to speak, Mr. Nance, we'll make sure 
you have that opportunity.  Mr. Shibley, along the same 
lines, if at any time you want to speak to Mr. Nance 
privately, like you were just doing before we came on, just 
let me know.  I will stop this proceeding and you guys can 
have a private conversation.  Okay?  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Now, you're here today because two 
petitions have been filed against you with allegations of 
domestic violence.  The purpose of today's hearing is to go 
over the allegations in the two petitions.  
Do you have a copies of those petitions or were you given 
copies of the petitions?  
Case 2:20-cr-00174-JCC     Document 161     Filed 04/05/22     Page 3 of 11

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Debbie Zurn - RMR, CRR - Federal  Reporter - 700 Stewart St. - Suite 17205 - Seattle WA  98101 - (206) 370-8504
September 16, 2020 - 4
THE DEFENDANT:  I was not given anything.  
THE COURT:  There you go.  Those are the, presumably 
the petitions.  That's what those are.  It should say 
"petition" at the top.  
THE DEFENDANT:  Yes, Your Honor. 
THE COURT:  Now, the purpose is to go over those 
today and figure out how you'd like to proceed.  But before 
we do that, you should know you don't have to make any 
statements about the allegations contained in the petitions.  
You have the right to silence.  You don't have to speak about 
those allegations to me, or to law enforcement.  But if you 
do say something, it could be used against you.  Okay?  Do 
you understand that?  
THE DEFENDANT:  Yes, Your Honor.  
THE COURT:  And you also have the right to counsel.  
And Mr. Nance is here to represent you.  
So at this time, Mr. Werner, if you could please advise 
Mr. Shibley of the two allegations in the petitions, and the 
penalties that are associated with those allegations. 
MR. WERNER:  Yes, Your Honor.  Before I do that, I 
want to raise something with the court -- I raised it with 
Mr. Nance while the court was off, a minute ago -- that might 
affect whether or not we go forward today.  
My understanding is that Mr. Shibley had an appearance 
this morning, or early this afternoon at the RJC.  That 
Case 2:20-cr-00174-JCC     Document 161     Filed 04/05/22     Page 4 of 11

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Debbie Zurn - RMR, CRR - Federal  Reporter - 700 Stewart St. - Suite 17205 - Seattle WA  98101 - (206) 370-8504
September 16, 2020 - 5
explains his garb.  My understanding is that the FBI went to 
pick him up from the RJC, and they might have -- and I think 
they took him from the RJC before his release or his bail 
process was completed at the RJC.  That's probably my fault.  
I told them to get him here as soon as they could get him 
here, as soon as they can.  But it's my understanding that 
Mr. Shibley had not posted his bail in connection with the 
state-court matter here; therefore, at the conclusion of this 
proceeding, he would need to go back to the RJC, post his 
bail and get released there.  
A way to avoid that would be to not call the case, 
basically request Mr. Shibley -- have the FBI return 
Mr. Shibley to the RJC, have them finish the proceeding 
there, get formally released from the RJC, and then be taken 
into custody on our case, and appear most likely tomorrow on 
our case.  But there are a number of other ways that it could 
be addressed as well.  
But my understanding is that the proceeding -- he has not 
formally been released from the RJC at this time.  Again, I 
raised this with Mr. Nance, he might have more information 
than I do, but that's my understanding of what's going on 
right now. 
THE COURT:  All right.  Well, that sounds like a lot 
of back and forth that's not necessary.  So, Mr. Nance, what 
is your position?  
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Debbie Zurn - RMR, CRR - Federal  Reporter - 700 Stewart St. - Suite 17205 - Seattle WA  98101 - (206) 370-8504
September 16, 2020 - 6
MR. NANCE:  Your Honor, first of all I believe -- I 
could be wrong -- but I believe he was at the King County 
Jail earlier awaiting an appearance in front of Seattle 
Municipal Court.  Maybe I'm off on that.  But he was on the 
Seattle Municipal Court portal, and was scheduled to appear 
this morning.  I don't think that ever actually happened. 
The court docket there suggests that there's a $1,000 bail 
that's out there.  So it's possible that that would get him 
out on that charge. 
I don't like the idea of him going back there, then coming 
back to your court.  If anything, if he needs to come back, I 
would ask the court to consider some kind of temporary 
release on this matter, on the federal matter, so that he's 
not jerked back. 
He would ultimately deny the alleged violations here, 
whether it's entered today or entered when he eventually has 
to do a plea entry.  I would argue that even if the court 
were to find that there was probable cause to believe he's -- 
(unintelligible) 
THE COURT:  He's -- Mr. Nance, you're breaking up.  I 
don't know if it's just me. 
MR. NANCE:  What I'm trying to say is that the court 
has some leeway here.  You could do a temporary release now 
and ultimately have him back, if the government insists on 
having a hearing, where there would be -- we could argue 
Case 2:20-cr-00174-JCC     Document 161     Filed 04/05/22     Page 6 of 11

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Debbie Zurn - RMR, CRR - Federal  Reporter - 700 Stewart St. - Suite 17205 - Seattle WA  98101 - (206) 370-8504
September 16, 2020 - 7
about conditions that would assure his future appearance and 
community safety.  
Because of the nature of the violations, probably the 
greatest concern is for the well-being of this alleged 
victim.  I think those can be addressed.  Mr. Shibley will 
agree immediately to a permanent no-contact order regarding 
this woman.  He would take other proactive steps to prevent 
or preclude her from coming to his house, his home.  She's 
had access to his home and office.  We can change the locks, 
if necessary.  He would be sure to put the dead bolt on.  He 
would do whatever else is necessary to avoid further contact 
with her. 
So I guess for today, I'm asking the court to release him 
on the federal hold, until he can resolve the Seattle 
Municipal Court matter.  
THE COURT:  All right.  I think I understand the 
position.  Basically the U.S. Government made Mr. Shibley a 
fugitive in state court.  
MR. WERNER:  Well, you didn't like my idea, Your 
Honor, of not making him a fugitive in state court and 
sending him back immediately, so I'm prepared to go forward 
with the bond hearing today.  And obviously, again, I want to 
keep this hearing on track and argue detention later.  But of 
course, Your Honor, we could reach out, my office, the 
probation office, could reach out to the state court and 
Case 2:20-cr-00174-JCC     Document 161     Filed 04/05/22     Page 7 of 11

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Debbie Zurn - RMR, CRR - Federal  Reporter - 700 Stewart St. - Suite 17205 - Seattle WA  98101 - (206) 370-8504
September 16, 2020 - 8
advise the state what's going on.  If the court does decide 
to keep Mr. Shibley in custody, we would make sure that no 
issues would be raised there.  
THE COURT:  Okay.  Well, let's do the initial 
appearance.  Let's get through that first.  Go ahead, 
Mr. Werner.  
MR. WERNER:  Yes, Your Honor.  Mr. Shibley has been 
charged with two violations of the terms of his bond.  The 
first violation charges him with committing the crime of 
assault, domestic violence, on or about September 12, 2020; 
the second violation charges him with committing the crime of 
assault, domestic violence, on or about September 15, 2020, 
both in violation of the standard conditions of his release 
that he not commit a federal, state or local crime. 
The maximum penalty that could be imposed here would be 
the revocation of his release and he would be in custody 
awaiting trial in this matter. 
THE COURT:  All right.  So we will enter -- oh, 
Mr. Nance, you've already informed me that he's going to deny 
the allegations.  But do you want to put that on the record?  
MR. NANCE:  Yes, Your Honor.  We would deny both 
allegations. 
THE COURT:  All right.  And for the court reporter, I 
think Mr. Nance said that he denies both allegations.  You're 
really breaking up, Mr. Nance, it's very hard to -- 
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Debbie Zurn - RMR, CRR - Federal  Reporter - 700 Stewart St. - Suite 17205 - Seattle WA  98101 - (206) 370-8504
September 16, 2020 - 9
MR. NANCE:  I'm sorry.  Yes, you interpreted or heard 
me correctly.  He is denying the allegations. 
THE COURT:  All right.  We will enter denials to the 
two allegations and set this for an evidentiary hearing 
before me, on what date, Mr. Quach?  
THE CLERK:  Your Honor, we can set this evidentiary 
hearing on Friday, November 18th -- excuse me, Friday, 
September 18th at 1:00 p.m. before Your Honor.  
THE COURT:  All right.  That's Friday.  So that's 
good.  Because, Mr. Shibley, I am not going to release you 
pending that evidentiary hearing.  And let me tell you why.  
I originally got the first petition that there was some sort 
of domestic violence incident, and that the police attempted 
to arrest you, but you -- the allegations are, this is just 
the allegations, that you locked the door.  And they didn't 
arrest you.  
And so I thought, well, I'll give him a chance to -- I'm 
not going to issue an arrest warrant at this time, I'm going 
to give him the benefit of the doubt, and I'm going to issue 
a summons so he appears.  And that's just a completely 
different circumstance than being arrested by the U.S. 
Marshals. 
Just a day later, or two days later, I get the second 
petition that it's happened again.  And that is completely -- 
it's the allegation that it happened again, let's be clear, 
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Debbie Zurn - RMR, CRR - Federal  Reporter - 700 Stewart St. - Suite 17205 - Seattle WA  98101 - (206) 370-8504
September 16, 2020 - 10
but those two allegations taken together leads me to believe 
that even after the first one, it wasn't sufficient to have 
the Seattle Police at your door.  And so for the safety of 
the alleged victim, until I know more, you will remain in 
federal custody.  And I will leave it to Mr. Werner or 
Mr. Nance to figure out how you're going to deal with the 
charges in state court.  But that's my ruling, and I will see 
you on Friday at 1 o'clock.  
Anything further, Mr. Nance?  
THE DEFENDANT:  Can I speak with Mr. Nance?  
THE PROBATION OFFICER:  Your Honor, this is the 
probation officer, and I just wanted to let you know that I 
will call Seattle Municipal Court, as well as the Regional 
Justice Center, and find out what we need to do to resolve 
this matter regarding his being borrowed by the FBI.  
THE COURT:  Okay.  Thank you, Officer McGlynn.  
Mr. Nance, Mr. Shibley is trying to call you.  Did you 
know that?  
JAIL GUARD:  The phone for Mr. Nance is going to 
voicemail.  
MR. NANCE:  I can call you directly, if I had a 
number for you.
(The defendant met telephonically with counsel.)
MR. NANCE:  I'm back on the record, I suppose.  We 
have nothing really to add.  We'll plan to attend on Friday.  
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Debbie Zurn - RMR, CRR - Federal  Reporter - 700 Stewart St. - Suite 17205 - Seattle WA  98101 - (206) 370-8504
September 16, 2020 - 11
THE COURT:  All right.  Thank you.  Mr. Werner, 
anything further?  
MR. WERNER:  Nothing further from the government.  
Thank you, Your Honor.  
THE COURT:  Okay.  I do think, Mr. Werner, since you 
created this situation, you should assist Mr. Nance and 
Pretrial Services in making sure that it gets taken care of 
on the Seattle Municipal Court side.  
MR. WERNER:  Understood, Your Honor. 
THE COURT:  All right.  We'll be in recess. 
(Adjourned.)
C E R T I F I C A T E
I certify that the foregoing is a correct transcript from 
the record of proceedings in the above-entitled matter.
/s/ Debbie Zurn            
DEBBIE ZURN
COURT REPORTER
   
Case 2:20-cr-00174-JCC     Document 161     Filed 04/05/22     Page 11 of 11

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