Memorandum Regarding Bond Violation Hearing — United States of America v. Eric Shibley, No. MJ 20-385-MLP (Dkt. 24 in 2:20-cr-00174-JCC, W.D. Wash.)

Summary

Memorandum filed by the government on September 25, 2020 as Document 24 in United States v. Eric Shibley (Case 2:20-cr-00174-JCC; caption No. MJ 20-385-MLP), U.S. District Court for the Western District of Washington, before the bond violation hearing scheduled for Monday, September 28. Shibley is alleged to have violated the conditions of his release by committing assault on or about September 12, 2020 and on or about September 15, 2020. Citing 18 U.S.C. § 3148, the memorandum says the court may revoke release if it finds probable cause of a new crime, and it names Seattle Police Department Officer Jeremy Montgomery as the government's witness, with his police reports and photographs as exhibits. It asks that Shibley be detained, pointing to the lack of a residence cleared with the Probation Office and to what he told his Probation Officer.

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Date: 2020-09-12

Cite this document

“Memorandum Regarding Bond Violation Hearing — United States of America v. Eric Shibley, No. MJ 20-385-MLP (Dkt. 24 in 2:20-cr-00174-JCC, W.D. Wash.).” Original at ecf.wawd.uscourts.gov, dated 2020-09-12. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-09-12-united-states-v-shibley-mj-20-385mlp/, SHA-256 f5b71272c30aa85c6b0353d4d6f764e3bdb89e1c5a910f7ffcf3cd93755c8dc4.

Full text

Case 2:20-cr-00174-JCC Document 24 Filed 09/25/20 Page 1 of 3

1 The Honorable Michelle L. Peterson
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UNITED STATES DISTRICT COURT FOR THE
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WESTERN DISTRICT OF WASHINGTON
9 AT SEATTLE
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11 UNITED STATES OF AMERICA, NO. MJ 20-385-MLP
12 Plaintiff,
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MEMORANDUM REGARDING BOND
14 v. VIOLATION HEARING
15 ERIC SHIBLEY,
16 Defendant.
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18 The government hereby files the following Memorandum Regarding Bond
19 Violation Hearing, scheduled for Monday, September 28, at 9am. It is alleged that the
20 Defendant Eric Shibley violated the conditions of his release: 1) by committing the crime
21 of assault on or about September 12, 2020; and 2) by committing the crime of assault on
22 or about September 15, 2020.
23 I. Legal standard applicable to bond violation hearing
24 Violations of conditions of release are governed by the provisions in 18 U.S.C.
25 § 3148. That section describes the standards of proof for the types of typical bond
26 violations. For the violation alleged here, a new crime, the statute states that the Court
27 may revoke release and order detention if the Court finds “probable cause to believe that
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United States v. Shibley, MJ 20-385MLP UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
Government’s Memo Regarding Bond Violation Hearing - 1 SEATTLE, WASHINGTON 98101
(206) 553-7970
Case 2:20-cr-00174-JCC Document 24 Filed 09/25/20 Page 2 of 3

1 the person has committed a Federal, State, or local crime while on release …” 18 U.S.C.
2 § 3148(b)(1)(A) (emphasis added).
3 The Rules of Evidence do not apply to bond hearings like this one. See Fed. R.
4 Evid. 1101(d) (evidence rules do not apply when “considering whether to release on bail
5 or otherwise). Likewise, the Sixth Amendment Confrontation Clause applies to “criminal
6 prosecutions” and it does not apply to hearings under the Bail Reform Act. See United
7 States v. Bibbs, 488 F.Supp.2d 925, 925-26 (N.D. Cal. 2007)
8 II. Evidence supporting new law violations
9 At the hearing, the government will present the testimony of Seattle Police
10 Department Officer Jeremy Montgomery. Officer Montgomery responded to both of the
11 domestic violence incidents between Mr. Shibley and the victim in this case. The
12 government will offer exhibits including Officer Montgomery’s police reports and
13 photographs.
14 III. Release on conditions or detention
15 If the Court finds probable cause to believe that Mr. Shibley committed a new
16 crime and the Court finds that there are no conditions of release that will ensure that he
17 will not pose a danger to the safety of any other person or the community, Mr. Shibley
18 should be detained. See 18 U.S.C. § 3148(b).
19 The government has multiple concerns about the release of Mr. Shibley. First, to
20 the government’s knowledge, he does not have a suitable residence, apart from the
21 victim, that has been cleared with the Probation Office.
22 Second, while Mr. Shibley seeks release under pretrial supervision, he has not
23 been candid with the Probation Officer about his relationship with the victim. The victim
24 has been residing at Mr. Shibley’s residence for months and has an intimate relationship
25 with Mr. Shibley. Still, Mr. Shibley told his Probation Officer that the victim is merely
26 an acquaintance. See Memorandum, Dkt. #15 at 2.
27 //
28 //
United States v. Shibley, MJ 20-385MLP UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
Government’s Memo Regarding Bond Violation Hearing - 2 SEATTLE, WASHINGTON 98101
(206) 553-7970
Case 2:20-cr-00174-JCC Document 24 Filed 09/25/20 Page 3 of 3

1 Third, the record in this case shows that Mr. Shibley is a danger to the victim and
2 he should be detained.
3 DATED this 25th day of September, 2020.
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Respectfully submitted,
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6 BRIAN T. MORAN
United States Attorney
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8 s/ Brian Werner
BRIAN WERNER
9 Assistant United States Attorney
10 United States Attorney’s Office
700 Stewart Street, Suite 5220
11 Seattle, Washington 98101
12 E-mail: brian.werner@usdoj.gov

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United States v. Shibley, MJ 20-385MLP UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
Government’s Memo Regarding Bond Violation Hearing - 3 SEATTLE, WASHINGTON 98101
(206) 553-7970

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