Opinion
Crim. No. SA-04-CR-396 (16) FB.
June 7, 2005
ORDER DENYING MOTION FOR RECONSIDERATION OF ORDER OF DETENTION
The matter before the Court is defendant's motion to reconsider the December 21, 2004 Order of detention (motion filed on May 27) and the government's opposition thereto (filed on May 31).
In his motion, defendant argues that because he has been drug-free since his apprehension on this case, he no longer poses a danger to the community or flight risk.
After reviewing the motion, the opposition thereto, and the December 21 Order, I find that the motion to reconsider is not well taken. Defendant has failed to proffer any new evidence which changes my assessment of danger and flight. As noted in my detention order, Defendant has received drug treatment in the past but was unable to remain drug-free. The weight of the evidence against defendant was significant at the detention hearing. At the time of his arrest and at his initial appearance in Austin, defendant boldly stated that if he'd been high five days instead of just two, and if he'd had a gun at the time of his apprehension, the police would have had to shoot him. When previously granted supervised release after conviction, defendant was revoked. Finally, this remains a case in which the presumption of dangerousness and flight risk applies.
For all these reasons, it is ORDERED that the motion to reconsider be and hereby is DENIED.