Order Revoking Conditions of Release — United States v. Evan Edwards (a/k/a Ian Heringa) and Joshua Edwards

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Case 6:22-cr-00201-AGM-LHP          Document 190         Filed 05/20/24      Page 1 of 3 PageID 860




                                 UNITED STATES DISTRICT COURT
                                  MIDDLE DISTRICT OF FLORIDA
                                            ORLANDO DIVISION

     UNITED STATES OF AMERICA

     VS.                                                       CASE NO: 6:22-cr-201-WWB-LHP

     EVAN EDWARDS



                             ORDER REVOKING CONDITIONS OF RELEASE

            On March 18, 2024, pursuant to 18 U.S.C. § 4241(d)(1), Presiding District Judge Wendy W.

     Berger committed Defendant Evan Edwards to the custody of the Attorney General, for

     hospitalization of the Defendant for treatment in a suitable facility for such a reasonable period of

     time—not to exceed four months—as is necessary to assess whether there is a substantial probability

     that in the foreseeable future Defendant will attain the capacity to permit the proceedings in this

     action to go forward. Doc. No. 136. See also Doc. No. 152. Judge Berger further ordered that

     Defendant’s failure to report to the designated facility as directed would be considered a violation

     of his pretrial release conditions. Doc. No. 136, at 6.

            On March 28, 2024, Judge Berger modified her prior Order, directing the United States to

     provide a new surrender date to the Bureau of Prisons which would afford sufficient time for

     transport of Defendant. Doc. No. 145. Judge Berger’s Order specifically directed Defendant to

     “coordinate with the [United States Marshals Service (“USMS”)] to determine a date on which he

     shall voluntarily surrender to the custody of the USMS for timely transport to the designated facility.

     Defendant shall cooperate in the collection of all necessary information by the USMS for the

     purposes of obtaining medical clearance to be transported.” Id., at 2. On April 5, 2024, the United
Case 6:22-cr-00201-AGM-LHP           Document 190         Filed 05/20/24      Page 2 of 3 PageID 861




     States filed a notice stating that the new surrender date to FMC Devens was May 15, 2024. Doc.

     No. 148.

            Since that time, several orders have been entered and several hearings have been held in an

     attempt to obtain sufficient medical information concerning Defendant such that the USMS could

     properly and safely transport Defendant to FMC Devens. See, e.g., Doc. Nos. 153-155, 164-167,

     169-171, 174-175, 177-180. Unfortunately, as detailed in those filings and hearings, and despite

     the warnings by Judge Berger, United States Magistrate Judge David A. Baker, and the undersigned

     that failure to comply would constitute a violation of pretrial release conditions, see Doc. Nos. 136,

     154, 175, Defendant – via his third-party custodian Mary Jane Edwards – has not complied with the

     Court’s directives.   See, e.g., Doc. Nos. 154, 166-167, 175, 177.          These failures to comply

     culminated in this morning’s hearing, which was set by prior notice (see Doc. No. 180), and which

     ordered Defendant to be present, however Defendant did not appear and the explanation provided

     by Mrs. Edwards (through Defendant’s counsel) was lacking.

            As such, and pursuant to 18 U.S.C. § 3148(b)(1)(B), the undersigned finds by clear and

     convincing evidence that Defendant’s failure to report to FMC Devens by May 15, 2024 and

     continued failure to provide the medical information required by the USMS to transport Defendant

     constitutes a violation of his conditions of pretrial release – specifically the condition that Defendant

     “must appear at all proceedings as required.” Doc. No. 114, at 1; see also Doc. No. 154, at 3-4.

     The undersigned further finds that Mrs. Edwards has failed to comply with her obligations as a third-

     party custodian, specifically “to use every effort to assure the appearance of the defendant at all

     scheduled court proceedings.” Doc. No. 114, at 3. For these reasons, the undersigned further finds

     pursuant to 18 U.S.C. § 3148(b)(2)(B) that Defendant is unlikely to abide by any conditions or

     combination of conditions of release.




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Case 6:22-cr-00201-AGM-LHP        Document 190       Filed 05/20/24    Page 3 of 3 PageID 862




            Accordingly, Defendant Evan Edward’s Order of Pretrial Release (Doc. No. 114) is hereby

     REVOKED and Defendant is ORDERED detained and remanded to the custody of the United

     States Marshals Service. The United States Marshals Service is DIRECTED to take Defendant

     into custody on or before 5:00 p.m. on Tuesday, May 21, 2024. On or before May 24, 2024, the

     United States is DIRECTED to file a notice with the Court confirming that Defendant has been

     admitted into Orlando Regional Medical Center for evaluation, providing an estimated date for

     completion of the medical evaluation, and providing a new date for Defendant’s surrender at FMC

     Devens.

            DONE and ORDERED in Orlando, Florida on May 20, 2024.




     Copies furnished to:

     United States Marshal
     United States Attorney
     Counsel for Defendant




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