Motion — United States v. Eric Shibley (Dkt. 58, W.D. Wash. No. 2:20-cr-00174)

Record facts

U.S. District Court for the Western District of Washington · No. 2:20-cr-00174-JCC · Doc. 58 · 2020-11-20 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF WASHINGTON 
AT SEATTLE 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
v. 
ERIC SHIBLEY, 
 
Defendant. 
Case No. CR20-174 JCC 
DETENTION ORDER 
 
 
This matter is before the Court on Defendant’s motion for review of detention order. 
(Mot. (Dkt. # 46).) Having reviewed the motion, the Government’s response (dkt. # 50), 
Defendant’s reply (dkt. # 53), and heard the argument of counsel on November 20, 2020, the 
Court DENIES the motion to reopen. For the reasons stated on the record and below, the Court 
orders Defendant detained.  
 
Defendant was placed on bond on June 30, 2020 with the condition that he not commit 
any new federal, state, or local crimes during his release and that he was prohibited from 
obtaining a loan without approval of his U.S. Probation Officer. (Dkt. # 6.) On September 12 and 
15, 2020, Defendant was accused of committing the crime of assault involving his girlfriend. On 
September 28, 2020, Defendant appeared before the undersigned and revoked Defendant’s bond 
Case 2:20-cr-00174-JCC   Document 58   Filed 11/20/20   Page 1 of 3

 
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based on a finding that there was probable cause to believe Defendant committed the two new 
criminal charges, Defendant had not been forthcoming as to his relationship with the alleged 
victim, and Defendant was already on probation from another jurisdiction for violating a no-
contact order with his ex-wife. (Dkt. # 29.)  
 
Defendant moves to reopen his detention hearing based on new evidence relating to the 
safety of the alleged victim in the state assault charges, the viability of the Defendant’s real 
estate business without his oversight, and his ability to assist in his defense. (Mot. at 3.) In his 
reply memorandum, the Defendant argues that his psychological and physical health are new 
circumstances to reopen the detention hearing. (Reply at 4-5.) Defendant states that he is not 
receiving his anti-psychotic medication at the FDC and is therefore suffering as a result. (Id.)  
 
First, the Court does not find that there is new evidence regarding the safety of the 
alleged victim. It appears that she is in treatment but is still residing in Defendant’s home. 
Second, the Court does not consider Defendant’s real estate business and whether he can 
successfully manage it from the FDC in making its bond determinations. Finally, although 
Defendant now claims to take anti-psychotic medication, when he was interviewed in June 2020, 
with the assistance of counsel, he denied any mental health issues. The Court does not find there 
is sufficient evidence to reopen the bond hearing on this basis. To the extent Defendant is unable 
to assist in his defense of the matter due to being at the FDC, the Court does not find there is 
sufficient facts to support a finding that Defendant is unable to assist in his defense while at the 
FDC. 
It has also come to light that while Defendant was on pretrial release he attempted to 
purchase a property on July 21, 2020 and signed a Purchase and Sale Agreement for the property 
which he planned to finance. As this would require the approval of his probation officer, 
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Defendant contacted his probation officer who denied his request to purchase the property. 
Defendant then appears to have convinced his girlfriend, the alleged victim of the assault 
charges, to purchase the property in her name even though she was unemployed, had no income, 
and was dependent on Defendant. The Court is concerned that this was an attempt by Defendant 
to circumvent the bond conditions set by the Court.  
The Court DENIES Defendant’s motion to reopen the detention hearing. 
Dated this 20th day of November, 2020. 
A 
MICHELLE L. PETERSON 
United States Magistrate Judge 
 
 
Case 2:20-cr-00174-JCC   Document 58   Filed 11/20/20   Page 3 of 3

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