Status Report Regarding Court Order [Dkt. 171] — United States v. Evan Edwards (a/k/a Ian Heringa) and Joshua Edwards

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Case 6:22-cr-00201-AGM-LHP Document174 _ Filed 05/10/24 Page 1 of 6 PagelD 806

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION
UNITED STATES OF AMERICA, _ )
Plaintiff, ,
V. Case No. 6:22-cr-00201-WWB-LHP
EVAN EDWARDS, 5
Defendant.
)

STATUS REPORT REGARDING COURT ORDER [DKT. 171]

COME NOW, the Parties, by and through the undersigned counsel, and in

compliance with this Court’s Order dated May 8, 2024, [Dkt. 171] hereby state as

follows:

1. On May 8, 2024, this Court entered an Order requiring the parties to
confer as to the matter discussed at the hearing held on May 8, 2024. Dkt. 171.

2. From the Court's ore tenus guidance at the hearing, the parties were
required to review transit options and costs associated therewith with respect to (a)
transporting the Defendant to a local medical treatment facility and (b) transporting
the Defendant from Florida, whether it be from his home in New Smyrna Beach or

a medical facility in Orlando, to FMC Devens for restoration under 18 U.S.C. § 4241.
Case 6:22-cr-00201-AGM-LHP Document174 _ Filed 05/10/24 Page 2 of 6 PagelD 807

3. The United States Marshalls Service [USMS] indicated, and the
defendant's counsel concurs, that the best, central Florida location for the defendant's
evaluation would be the Orlando Regional Healthcare System, despite his residence
in Volusia County. This stems from his prior time there as a patient, earlier in this
proceeding.

4. The goal of this would be to have ORMC, with its pre-existing baseline
of medical records perform an evaluation of the defendant for transport, including
the required Form USM-533.

5. Penelope Knox, USMS, provided defense counsel with a list of four (4)
potential medical transit companies, which defense counsel also provided to the
Defendant’s third-party custodian, Mrs. Mary Jane Edwards and confirmed her
receipt of the same.

6. Defense counsel further instructed — and confirmed understanding of
the same — the Defendant’s third-party custodian to seek out estimates, quotes,
and/or further information with respect to obtaining medical transportation for the

Defendant to a medical facility, preferably ORMC, for evaluation.

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Case 6:22-cr-00201-AGM-LHP Document174_ Filed 05/10/24 Page 3 of 6 PagelD 808

7. Next, a member of the office of the undersigned! [A. Brian Phillips,
Esq.] contacted all four (4) companies on the list provided and received the following

feedback:

a. Three (3) of the companies, Global Medical Response,
American Ambulance, and Transcare Ambulance Services
do not service New Smyrna Beach, Florida, and would be
unable to pick up the Defendant for transport; and

b. TransMedCare does not provide local medical
transportation, but provided a quote for transportation of
the Defendant from New Smyrna Beach, Florida, to
Devens, Massachusetts that is attached hereto as Exhibit
A.

8. A member of the office of the undersigned also contacted the following
entities requesting information and/or a quote for local medical transportation of the

Defendant from New Smyrna Beach to Orlando:

a. SuperMed Transport — would not transport the Defendant
to Orlando based on the distance required.

b. ComfortRide Transportation — a quote is attached hereto
as Exhibit B.

c. First Care Transport — a customer service representative
stated that the cost of the referenced transportation would
amount to roughly $378.00°.

'The Court may recall that counsel for the Defendant is currently lead defense counsel in a two-
week jury trial ongoing in Orange County Circuit Court.
“Internal policies prevented the customer service representative from emailing a copy of the quote.
Case 6:22-cr-00201-AGM-LHP Document174 _ Filed 05/10/24 Page 4 of 6 PagelD 809

9. A member of the office of the undersigned also contacted the following
entities requesting information and/or a quote for long distance medical
transportation of the Defendant from New Smyrna Beach, FL to Devens, MA:

a. Eastern Royal Medical Transport — could not guarantee
the ability to safely transport the Defendant,
b. ACC Medlink — a quote is attached hereto as Exhibit C.

10. On May 10, 2024, defendant’s counsel received a copy of a receipt from
Coastal Care Medical Transport, attached hereto as Exhibit D, showing that an
amount of $595.00 has been paid in relation to Evan Edwards. Defendant’s
counsel’s office immediately called the third-party custodian for an explanation.
When Ms. Edwards answered the phone and was asked about the invoice, she did
not provide an explanation, and said simply that “I have to go” and terminated the
call. When defense counsel’s office called her back, her voicemail box was full, so
defense counsel’s office emailed and texted Ms. Edwards seeking an explanation.

11. Following a return call to the office of defense counsel, Mrs. Mary Jane
Edwards informed a member of defense counsel’s office that on May 9, 2024, she
paid for medical transport to take her husband to ORMC’. Mrs. Edwards stated that
she attempted to get him admitted in the emergency room; however, the emergency

room denied admission because Ms. Edwards informed them that it was not an

emergency. Mrs. Edwards further stated that she then visited the Neurology and

*Exhibit D reflects the invoice for said payment.

4
Case 6:22-cr-00201-AGM-LHP Document174 _ Filed 05/10/24 Page 5 of 6 PagelD 810

Orthopedic departments of ORMC, both of which did not admit Mr. Edwards due to
“lack of an appointment.” Mrs. Mary Jane Edwards finally noted that she then
returned Mr. Edwards back to their home in New Smyma Beach at her own expense,
where he currently is located.

The parties note that if Defendant can be admitted to ORMC for treatment and
evaluation in accordance with the USMS’s requirements, transportation of the
Defendant to FMC Devens can be further addressed at that time.

WHEREFORE, the parties hereby submit the instant Status Report in
compliance with this Court’s Order dated May 8, 2024. Dkt. 171.

Respectfully submitted this 10" day of May, 2024.

/s/ Kara M. Wick /s/ A. Brian Phillips, Esq.

KARA M. Wick A. BRIAN PHILLIPS, ESQ

Florida Bar No. 0085578 912 Highland Avenue

Assistant United States Attorney Orlando, Florida 32803

Telephone: (407) 648-7500 Telephone: (407) 872-0777

E-Mail: Kara. Wick @usdoj.gov Email:

Counsel for United States brian.phillips @ phillips-law-firm.com

Counsel for Defendant
Case 6:22-cr-00201-AGM-LHP Document174 _ Filed 05/10/24 Page 6 of 6 PagelD 811

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 10" day of May, 2024, I filed a copy of the
foregoing with the Clerk of the Court via the CM/ECF system. I further certify that
opposing counsel to this case received service via hand delivery.

s/A. Brian Phillips

A. BRIAN PHILLIPS, ESQ.

Fla. Bar No. 0067113

A. BRIAN PHILLIPS, P.A.

912 Highland Avenue

Orlando, Florida 32803

Telephone: (407) 872-0777

Telecopier: (407) 872-0704

Email: Brian.Phillips @ Phillips-Law-Firm.com
Counsel for Defendant Evan Edwards

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