Opinion
2:20-CR-77-WBS
08-30-2021
UNITED STATES OF AMERICA, Plaintiff, v. TIMOTHY MACKEY, Defendant.
HEATHER E. WILLIAMS, SBN 122664 Federal Defender MIA CRAGER, SBN 300172 CHRISTINA SINHA, SBN 278893 Assistant Federal Defenders Designated Counsel for Service Attorneys for Defendant TIMOTHY MACKEY HEATHER E. WILLIAMS Federal Defender MIA CRAGER Assistant Federal Defender Attorneys for Defendant TIMOTHY MACKEY PHILLIP A. TALBERT, Acting United States Attorney Mira Chernick MIRA CHERNICK Assistant United States Attorney Attorney for Plaintiff
HEATHER E. WILLIAMS, SBN 122664 Federal Defender MIA CRAGER, SBN 300172 CHRISTINA SINHA, SBN 278893 Assistant Federal Defenders Designated Counsel for Service Attorneys for Defendant TIMOTHY MACKEY
HEATHER E. WILLIAMS Federal Defender
MIA CRAGER Assistant Federal Defender Attorneys for Defendant TIMOTHY MACKEY
PHILLIP A. TALBERT, Acting United States Attorney
Mira Chernick MIRA CHERNICK Assistant United States Attorney Attorney for Plaintiff
EMERGENCY STIPULATION TO TEMPORARILY MODIFY CONDITIONS OF RELEASE AND ORDER
CAROLYN K. DELANEY, UNITED STATES MAGISTRATE JUDGE
Mr. Mackey was released on Pretrial Supervision on June 1, 2020. By prior agreement of the parties, and with the concurrence of Pretrial Services, Magistrate Judge Allison Claire modified his conditions of release on April 23, 2021 to drop his drug testing condition. His conditions were also modified to remove his home confinement condition, to add third party custodians, and to allow contact with his daughter. His current conditions of release are at Docket no. 107.
Mr. Mackey lives in South Lake Tahoe. Mr. Mackey's neighborhood is under a mandatory evacuation order due to imminent threat from the Caldor fire. Authorities have warned that the fire is very fast moving due to high winds over the past 24 hours. The smoke in the area is at extremely hazardous levels. Mr. Mackey must be at all times in the presence of his third party custodian. His mother is the custodian anticipated to be present with him for the foreseeable future. She is particularly susceptible to respiratory issues and cannot stay for long periods near smoky hazardous air.
For these reasons, Mr. Mackey has been in contact with his Pretrial Services Officer Darryl Walker regarding his attempts to evacuate. Mr. Mackey and his mother plan to evacuate together to Petaluma where they will stay in a hotel.
The defense now requests a temporary modification to Special Conditions #2 and #11 (Dkt. 107). Condition #2 states, in relevant part,
You must reside at a location approved by Pretrial Services. Elizabeth Blick, Noah Jones, Margaret Lallement, William Woodall, and Daniel Beene are your third party custodians; at least one of the third party custodians must be present in the residence at all times. You must not move or absent yourself from your residence except for the circumstances described in Condition #11 or with the prior approval of the Court;
Condition #11 states,
CURFEW: You must remain inside your residence every day from 6:00 PM to 6:00 AM, or as adjusted by the pretrial services officer for medical, religious services, employment or court-ordered obligations. When away from your residence, one of your custodians must be with you at all times;
Mr. Mackey requests that these conditions be temporarily modified as follows: Mr. Mackey will be allowed to be away from his residence in South Lake Tahoe from the date of this order until it is deemed by Pretrial Services that it is safe for Mr. Mackey to return to his permanent residence in South Lake Tahoe. Mr. Mackey will bring his location monitoring equipment with him, so he will still be on curfew in the hotel room, although he will be away from his “residence” in South Lake Tahoe. The conditions requiring at least one of Mr. Mackey's third party custodians to be with him at all times will remain in place.
With the concurrence of the Pretrial Services Officer, the parties stipulate to this temporary modification.
ORDER
The Court, having received and considered the defendant's unopposed motion, finds good cause to modify the conditions of release. Conditions number 2 and 11 of the Amended Special Conditions of Release (Dkt. 107) are hereby temporarily modified as follows:
From the date of this order until it is deemed by Pretrial Services that it is safe for Mr. Mackey to return home, Mr. Mackey shall be permitted to leave his residence in South Lake Tahoe to stay in a location approved by the Pretrial Services Officer.
Mr. Mackey shall remain on location monitoring, and his curfew condition (#11) shall relate to the location approved by Pretrial Services Officer for the period this temporary modification is in effect.
At least one of Mr. Mackey's third party custodians must be with him at all times.
IT IS SO ORDERED.