Order — United States v. Emmet Bowens (Dkt. 116)

Summary

An Order filed December 26, 2024 in United States of America vs. Emmet Bowens, Case No. 6:21-cr-141-RBD-EJK, in the U.S. District Court for the Middle District of Florida, Orlando Division. It recounts a July 13, 2022 order finding Bowens incompetent to proceed to trial under 18 U.S.C. § 4241(a) and (d), and a December 10, 2024 arrest in the Northern District of Mississippi. It appoints Attorney Charles E. Taylor, Jr. under the Criminal Justice Act. It rules that Bowens is DETAINED and REMANDED to the custody of the United States Marshal, that the incompetency finding remains in full force and effect, and that Bowens is committed to the custody of the Attorney General for treatment for a period not to exceed four months. Joint status reports are due January 31, 2025 and every thirty (30) days thereafter.

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“Order — United States v. Emmet Bowens (Dkt. 116).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-flmd-396523-116-0-54473c6722/, SHA-256 4e41c2fa62ce77e8b7635a8a7a78e3244a59ffcb91ebf1088d37b983f757d1ca.

Full text

Case 6:21-cr-00141-RBD-NWH Document 116 Filed 12/26/24 Page 1 of 4 PageID 319

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

UNITED STATES OF AMERICA

VS. CASE NO: 6:21-cr-141-RBD-EJK

EMMET BOWENS

ORDER

On July 13, 2022, United States Magistrate Judge Embry J. Kidd entered an

Order finding Defendant Emmet Bowens incompetent to proceed to trial, pursuant

to 18 U.S.C. § 4241(a) and (d). Doc. No. 78. In that same Order, Magistrate Judge

Kidd committed Bowens to the custody of the Attorney General for treatment in a

suitable facility for a reasonable period of time, not to exceed four (4) months from

the date Bowens arrives at the designated facility, to determine whether there was

a substantial probability that in the foreseeable future Bowens would attain the

capacity to permit the proceedings to go forward. Id. At the time of Magistrate

Judge Kidd’s Order, Bowens was out on conditions of pretrial release, and he was

ordered to report to the designated facility upon notification by the Bureau of

Prisons. Id. See also Doc. Nos. 7-2; 64. Bowens was thereafter directed to

voluntarily surrender on March 21, 2023 to the Federal Medical Center in Butner,

North Carolina (“FMC Butner). Doc. No. 84.
Case 6:21-cr-00141-RBD-NWH Document 116 Filed 12/26/24 Page 2 of 4 PageID 320

On March 21, 2023 the United States Pretrial Services Office filed a petition

alleging that Bowens violated his conditions of pretrial release by removing his GPS

monitor without permission and absconding. Doc. No. 100. Magistrate Judge

Kidd issued a warrant for Bowens’ arrest that same day. Doc. Nos. 101-102. Since

that date, Bowens has remained a fugitive, with his whereabouts unknown. See,

e.g., Doc. Nos. 103-104, 107-108. In addition, on June 21, 2024 Magistrate Judge

Kidd granted Attorney Andrew C. Searle’s motion to withdraw as counsel. Doc.

Nos. 109-110.

On December 10, 2024, Bowens was arrested in the Northern District of

Mississippi, and after proceedings under Federal Rule of Criminal Procedure 5(c),

Bowens was ordered remanded to the custody of the United States Marshals Service

for transport to this Court. Doc. No. 112. The undersigned held a hearing today,

at which the undersigned appointed Attorney Charles E. Taylor, Jr. to represent

Bowens under the Criminal Justice Act. Doc. Nos. 113, 115. The undersigned also

discussed with counsel the procedural posture of this case and what further

proceedings should occur.

Based on that discussion, and in particular given the prior finding that

Bowens is incompetent to proceed and the absence of any evidence suggesting that

finding should be revisited at this time, and with counsel for all parties in

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Case 6:21-cr-00141-RBD-NWH Document 116 Filed 12/26/24 Page 3 of 4 PageID 321

agreement, the undersigned made the following rulings which are memorialized

herein:

1. Defendant Emmet Bowens is DETAINED pending further

proceedings and REMANDED to the custody of the United States Marshal.

Bowens’ current incompetency precludes the undersigned from conducting a

revocation of pretrial release hearing pursuant to 18 U.S.C. § 3148 at this time.

2. The finding of incompetency set forth in Magistrate Judge Kidd’s July

13, 2022 Order (Doc. No. 78) remains in full force and effect, and it is again

ORDERED that Defendant Emmet Bowens is committed to the custody of the

Attorney General to be hospitalized for treatment in a suitable facility. The term

of commitment is for such a reasonable period of time, not to exceed four months,

as is necessary to determine whether there is a substantial probability that in the

foreseeable future he will attain the capacity to permit the proceedings to go

forward. 18 U.S.C. § 4241(d)(1).

3. It is further ORDERED that the Bureau of Prisons shall submit a report

to the Court and counsel for the parties within ten (10) days after the term of

commitment established herein expires addressing whether Bowens is then

competent to proceed to trial or, if not, whether there is a substantial probability

that in the foreseeable future Bowens will attain the capacity to permit the

proceedings to go forward. As this time period is established by statute, the Court

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Case 6:21-cr-00141-RBD-NWH Document 116 Filed 12/26/24 Page 4 of 4 PageID 322

will not extend it. Thus, it is further ORDERED that the Bureau of Prisons shall

promptly designate Bowens to a suitable facility and cause Bowens to be

transported to that facility on an expedited basis.

4. It is further ORDERED that the United States Marshals Service shall

forthwith provide a copy of this Order to the appropriate officials in the Bureau of

Prisons.

5. The United States is DIRECTED to file a motion for the release of

Bowens from the Attorney General’s custody within five (5) days of receipt of a

§4241(c) certificate.

6. The parties are DIRECTED on January 31, 2025 and every thirty (30)

days thereafter, to provide a joint status report to the Court regarding Bowen’s

competency. See Doc. Nos. 80, 105.

DONE and ORDERED in Orlando, Florida on December 26, 2024.

Copies furnished to:

United States Marshal
United States Attorney
Counsel for Defendant

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