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CASE 0:18-mj-00973-BRT

Document 13

Filed 12/27/18

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Criminal No. 18-mj-973 (BRT)

UNITED STATES OF AMERICA,

v.

Plaintiff,

SHAWN KELLY THOMASON,

Defendant.

ORDER OF DETENTION

This matter came before the Court on December 20, 2018, for a hearing on the

government’s motion for detention, pursuant to 18 U.S.C. § 3142(f)(2). The criminal

complaint charges Shawn Kelly Thomason with stalking, in violation of 18 U.S.C.

§ 2261A. At the hearing, Mr. Thomason was present and represented by Assistant Federal

Defender Lisa Lopez.

The government was represented by Assistant United States

Attorney Katharine T. Buzicky.

FBI Special Agent Drew Helms testified for the

government.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

1. The Court finds that there is probable cause to believe that Mr. Thomason

has committed the offense of stalking in violation of 18 U.S.C. § 2261A(1). Specifically,

SA Helms’s testimony and FBI Special Agent Shane Ball’s affidavit established that on or

about December 6, 2018, Mr. Thomason traveled in interstate commerce for the purpose

of placing the victim under surveillance with the intent to kill, injure, harass, or intimidate

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CASE 0:18-mj-00973-BRT

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Filed 12/27/18

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her, and in the course of his travel, Mr. Thomason engaged in conduct that would be

reasonably expected to cause substantial emotional distress to the victim.

2. The government moved for detention in this matter, arguing that Mr.

Thomason poses a danger to others in the community and a risk of flight. The evidence

before the Court shows that Mr. Thomason traveled from his home in Hazel Park,

Michigan, to Mankato, Minnesota, to place a GPS location tracker on the victim’s car.

Present in his rental vehicle were many items of concern when considering Mr.

Thomason’s dangerousness to the community, including Faraday bags designed to block

cellular signals, a loaded handgun, and ammunition.

3. The Court concludes, pursuant to 18 U.S.C. § 3142(f)(2), that detention is

appropriate.

The Government has met its burden; showing by clear and convincing

evidence that Mr. Thomason is a danger to the community.

4. In making this finding, the Court has considered a number of factors to

determine Mr. Thomason poses a danger to others in the community.

Although Mr.

Thomason asserts that there are innocent explanations for his behavior and the items found

during searches of his rental car and home, there is sufficient circumstantial evidence of

Mr. Thomason’s criminal intent.

Of greatest concern to the Court are the presence of a

loaded firearm and Faraday bags in Mr. Thomason’s rental vehicle. However, the Court

does not find Mr. Thomason poses a risk of non-appearance at future proceedings.

10. Therefore, there is no condition, or combination of conditions, which will

reasonably assure the safety of the community.

CASE 0:18-mj-00973-BRT

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IT IS HEREBY ORDERED that:

Filed 12/27/18

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1. Pursuant to Rule 5.1(e) of the Federal Rules of Criminal Procedure, Mr.

Thomason is required to appear for further proceedings;

2. Pursuant to 18 U.S.C. § 3142(f)(2), the Government’s Motion for Detention

of Mr. Thomason without bond is GRANTED;

3. Mr. Thomason is committed to the custody of the United States Marshal for

confinement in a correctional facility separate, to the extent practicable, from persons

awaiting or serving sentences or being held in custody pending appeal;

4. Mr. Thomason shall be afforded reasonable opportunity to consult privately

with his lawyers; and

5. Upon order of the Court or request by the United States Attorney, the person

in charge of the correctional facility in which Mr. Thomason is confined shall deliver him

to the United States Marshal for the purpose of appearance in connection with all court

proceedings.

Dated: December 26, 2018

s/ Steven E. Rau

Steven E. Rau U.S. Magistrate Judge