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Motion for Pretrial Detention and Hearing — No. 4:23-mj-08058 (Dkt. 5, E.D. Mo.)

Summary

A Motion for Pretrial Detention and Hearing, Doc. 5 filed March 10, 2023 in the Eastern District of Missouri (Case 4:23-mj-08058-SRW), United States v. Tristan Davis, No. 4:23 MJ 8058 SRW-1, filed by U.S. Attorney Sayler A. Fleming and Assistant U.S. Attorney Cassandra J. Wiemken. The defendant is charged with one count of carjacking under Title 18, Sections 2119 and 2, accused of aiding and abetting the armed carjacking of a senior citizen, in which the carjackers brandished an AR-style pistol and pushed the victim out of her Mercedes. The government says he admitted his role, that the evidence is strong, that more charges are expected with a seven-year mandatory minimum, and that he is held on state charges. It asks for a detention hearing three days after the initial appearance.

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“Motion for Pretrial Detention and Hearing — No. 4:23-mj-08058 (Dkt. 5, E.D. Mo.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/motion-for-pretrial-detention-and-hearing-no-4-23-mj-08058-dkt-5-e-d-m-5b9adca178/, SHA-256 016a99e82611dc459065786a4656d963961671334d0fba607a30a6d67f4ebca2.

Full text

     Case: 4:23-mj-08058-SRW Doc. #: 5 Filed: 03/10/23 Page: 1 of 2 PageID #: 14




                              UNITED STATES DISTRICT COURT
                              EASTERN DISTRICT OF MISSOURI
                                    EASTERN DIVISION

 UNITED STATES OF AMERICA,                          )
                                                    )
 Plaintiff,                                         )
                                                    )
 v.                                                 ) No. 4:23 MJ 8058 SRW-1
                                                    )
 TRISTAN DAVIS,                                     )
                                                    )
 Defendant.                                         )

                  MOTION FOR PRETRIAL DETENTION AND HEARING

       The United States of America, by and through its Attorneys, Sayler A. Fleming, United States

Attorney for the Eastern District of Missouri, and Cassandra J. Wiemken, Assistant United States

Attorney for the District, and moves the Court to order Defendant detained pending trial, and

further requests that a detention hearing be held three days from the date of Defendant's initial

appearance before the United States Magistrate pursuant to Title 18, United States Code, '3141,

et seq.

       As and for its grounds, the United States of America states as follows:

1.        Defendant is charged with one count of carjacking in violation of Title 18, United States

Code, Sections 2119 and 2.

2.        Pursuant to Title 18, United States Code, Section 3142(g), the weight of the evidence

against defendant, the Defendant’s history and characteristics, and the nature and seriousness of

the danger to any person or the community that would be posed by Defendant’s release warrant

Defendant’s detention pending trial.

3.        As stated in the complaint affidavit, Defendant is charged with aiding and abetting the

armed carjacking of a senior citizen, G.M. During the carjacking, the carjackers brandished a red
     Case: 4:23-mj-08058-SRW Doc. #: 5 Filed: 03/10/23 Page: 2 of 2 PageID #: 15




AR-style pistol and pushed the victim (G.M.) out of the Mercedes she was in, injuring her finger.

Defendant admitted to his role in the carjacking. Given these disturbing facts, there are no

conditions that will ensure the safety of the community.

4.      Because Defendant has admitted to the crime, the evidence is also strong, incentivizing

Defendant to flee. The United States anticipates bringing additional charges against Defendant,

including a brandishing of a firearm in furtherance of a crime of violence charge, which has a

mandatory minimum of seven years.

5.      Additionally, Defendant is being held in relation to state charges.

        WHEREFORE, the United States requests this Court to order Defendant detained prior to

trial, and further to order a detention hearing three (3) days from the date of Defendant's initial

appearance.



                                                      Respectfully submitted,

                                                      SAYLER A. FLEMING
                                                      United States Attorney

                                                      /s/ Cassandra J. Wiemken
                                                      CASSANDRA J. WIEMKEN, #91586(KY)
                                                      Assistant United States Attorney

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