Order — Daniel Kim to Be Detained Until Trial (Document 15, filed June 7, 2023)

Summary

In Case 2:23-cr-00004-PA, United States Magistrate Judge Patricia Donahue orders that defendant Daniel Kim be detained until trial. The order states that the government withdrew the proffer of information to which the defendant objected and that the Court did not consider it. It finds that no condition or combination of conditions will reasonably assure the safety of any person or the community. The stated bases are felony convictions including assault with a firearm on a person in 2003 and assault by means of force likely to produce great bodily injury in 2021, a search warrant affidavit alleging that the suspect, whom the government proffered is the defendant, stabbed a victim in the neck at the Plaza Hotel, and that the defendant was on probation at the time of the offense alleged in the Indictment.

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Case 2:23-cr-00004-PA Document 15 Filed 06/07/23 Page 1 of 3 Page ID #:38
       Case 2:23-cr-00004-PA Document 15 Filed 06/07/23 Page 2 of 3 Page ID #:39



 1   Defendant rejected some of the information proffered by the government and

 2   relied upon in the Pretrial Services Report and Recommendation. The Court

 3   continued the detention hearing, without objection from either party, and the

 4   detention hearing was held on June 2, 2023. At the hearing, the government

 5   withdrew the proffer of the information to which Defendant objected. The

 6   Court did not consider that information. At the hearing, the government

 7   proffered the Indictment, the initial and updated Pretrial Services Reports

 8   and Recommendation of detention, the search warrant (and supporting

 9   affidavit) signed by a judge of the Los Angeles County Superior Court

10   (“LASC”) on September 16, 2021, for the Plaza Hotel, 1721 Cabrillo Ave.,

11   Torrance, CA 90501, Unit 212 and the Manager’s Office, and a 22-page

12   printout of certified copies of the electronic docket on file at the LASC for

13   criminal cases against Defendant. Defendant did not object to the proffer.

14         The Court has considered the following:

15         (1) the nature and circumstances of the offense(s) charged, including

16         whether the offense is a crime of violence, a Federal crime of terrorism,

17         or involves a minor victim or a controlled substance, firearm, explosive,

18         or destructive device;

19         (2) the weight of the evidence against the defendant;

20         (3) the history and characteristics of the defendant; and

21         (4) the nature and seriousness of the danger to any person or the

22         community.

23         See 18 U.S.C. § 3142(g). The Court also considered all the evidence

24   adduced at the hearing, the arguments of counsel, and the Reports and

25   Recommendation of Pretrial Services Agency. The Court finds that no

26   condition or combination of conditions will reasonably assure the safety of

27   any person or the community. These conclusions are based on the following:

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       Case 2:23-cr-00004-PA Document 15 Filed 06/07/23 Page 3 of 3 Page ID #:40



 1               ց     Defendant has felony convictions in 2003 for assault with a

 2   firearm on a person, in 2011 for possession of a controlled substance, in 2015

 3   for use of another’s credit, in 2018 for transportation of a controlled

 4   substance, and in 2021 for assault upon another person by means of force

 5   likely to produce great bodily injury. His criminal history includes violence,

 6   firearms and drugs.

 7               ց     The search warrant affidavit proffered by the government

 8   describes the events that resulted in Defendant’s 2021 conviction. The

 9   affidavit alleges that the suspect, whom the government proffered is

10   Defendant, went to the Plaza Hotel and engaged the victim in a physical fight

11   in which Defendant stabbed the victim in the neck.

12               ց     At the time of the offense alleged in the Indictment,

13   Defendant was on probation.

14         It is therefore ORDERED that Defendant Daniel Kim be detained until

15   trial. The defendant will be committed to the custody of the Attorney

16   General for confinement in a corrections facility separate, to the extent

17   practicable, from persons awaiting or serving sentences or being held in

18   custody pending appeal. The defendant will be afforded reasonable

19   opportunity for private consultation with counsel. On order of a Court of the

20   United States or on request of any attorney for the Government, the person

21   in charge of the corrections facility in which defendant is confined will deliver

22   the defendant to a United States Marshal for the purpose of an appearance in

23   connection with a court proceeding. See 18 U.S.C. § 3142(i).

24   Dated: June 7, 2023
25
26                                  _______________________________
27                                  PATRICIA DONAHUE
                                    UNITED STATES MAGISTRATE JUDGE
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