Opinion
Case No.: 20MJ9895-RBM
11-10-2020
UNITED STATES OF AMERICA, Plaintiff, v. JAIME ALEJANDRO PEREZ, Defendant.
Prepared by: ROBERT S. BREWER, JR United States Attorney Ronald Sou Assistant U.S. Attorney cc: James Johnson Counsel for Defendant
FINDINGS OF FACT AND ORDER OF DETENTION
In accordance with Title 18 U.S.C. § 3142(f) of the Bail Reform Act of 1984 (18 U.S.C. § 3141, et seq.), a detention hearing was held on November 6, 2020, to determine whether Defendant, Jaime Alejandro Perez, should be held in custody pending trial on the grounds that he is a flight risk. Assistant United States Attorney Ronald Sou appeared on behalf of the United States. James Johnson of Federal Defenders, Inc. appeared on behalf of the Defendant.
Based on the evidence proffered by the United States and the Defendant, the Pretrial Services Officer, and the Complaint issued against the Defendant, the Court concludes that the following facts establish by a preponderance of the evidence that no condition or combination of conditions required will reasonably assure the appearance of the Defendant.
I
FINDINGS OF FACT
A. Nature and Circumstances of the Offense Charged (18 U.S.C. §3142(g)(1)):
1. The Defendant is charged in Criminal Complaint No. 20MJ9895 with a person having been previously convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess a firearm that travelled in and affected interstate commerce, to wit: a Smith and Wesson 9 millimeter handgun, in violation of Title 18, U.S.C., § 922(g)(1). Therefore, probable cause exists to believe the Defendant committed the charged offense.
B. Weight of the Evidence Against the Defendant (18 U.S.C. §3142(g)(2)):
1. On October 24, 2020 in the city of Calexico, CA., officers attempted to conduct a traffic stop upon the Defendant's vehicle. Defendant failed to yield and led officers on a high-speed chase that exceeded 90 mph. At one point, the Defendant crashed his vehicle and continued his flight on foot.
2. Defendant attempted to hide behind a vehicle and officers heard a metal object slide on the floor. After Defendant was finally apprehended, officers checked the area for the object and eventually discovered a fully loaded 9 millimeter pistol equipped with a high capacity magazine.
3. Federal agents reviewed the pursuit videos that include body worn cameras and the vehicle pursuit videos. The videos showed what appears to be the grip of the handgun on Defendant's hip. During the course of the foot pursuit in the residential area, Defendant appeared to reach for the handgun and a few frames later, the handgun appeared to be in his hand.
4. Defendant is a documented gang member of "La Gara Sur" and a known associate of the Mexican Mafia. Additionally, federal agents know Defendant because Defendant vowed to take revenge for the death of his brother, against Calexico Police Department.
C. History and Characteristics of the Defendant (18 U.S.C. § 3142(G)(3)):
1. Defendant was in possession of the loaded firearm and led the officers on a high speed vehicle pursuit. Therefore, though the Court acknowledges this is the least important factor, the weight of the evidence is strong against Defendant.
2. Defendant has a history of illicit drug use and prohibited possession of firearm and ammunition.
3. Defendant has a history of failures to appear, probation, and parole violations.
4. The nature of the offense weighs heavily in favor of detention.
D. Nature and Seriousness of Danger Posed by Release (18 U.S.C. § 3142(g)(4) :
The government proffered evidence to suggest that release of the Defendant would pose a danger to the community through the nature of the offense, Defendant's criminal history, and facts of the underlying conduct.
II
REASONS FOR DETENTION
A. There is probable cause to believe that Defendant committed the offense charged in Criminal Complaint Number 20MJ9895, to wit: a person having been previously convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess a firearm that travelled in and affected interstate commerce, a Smith and Wesson 9 millimeter handgun, in violation of Title 18, U.S.C., § 922(g)(1).
B. Defendant faces a substantial period of time in custody if convicted of the offense charged in the Complaint. Therefore, he has a strong motive to flee.
III
ORDER
IT IS HEREBY ORDERED that Defendant be detained pending trial in this matter.
IT IS FURTHER ORDERED that Defendant be committed to the custody of the Attorney General or his designated representative for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. The Defendant shall be afforded reasonable opportunity for private consultation with counsel.
While in custody, upon order of a court of the United States or upon the request of an attorney for the United States, the person in charge of the correctional facility shall deliver Defendant to the United States Marshal for the purpose of an appearance in connection with a court proceeding or any other appearance stipulated to by defense and government counsel.
THIS ORDER IS ENTERED WITHOUT PREJUDICE.
IT IS SO ORDERED.
DATED: 11/10/2020.
/s/_________
HON. RUTH BERMUDEZ MONTENEGRO
U.S. MAGISTRATE JUDGE Prepared by: ROBERT S. BREWER, JR
United States Attorney /s/_________
Ronald Sou
Assistant U.S. Attorney cc: James Johnson
Counsel for Defendant