United States v. Lee

195 F. Supp. 3d 120, 2016 U.S. Dist. LEXIS 86137, 2016 WL 3659892
District Court, District of Columbia·Decided July 1, 2016·No. Crim. Action No. 16-0023-4 (ABJ)·Published·Cited by 24 cases

Opinion

MEMORANDUM OPINION & ORDER

AMY BERMAN JACKSON, United States District Judge

On June 7, 2016, defendant Breyon Lee was indicted on one count of interference with interstate commerce by robbery, in violation of 18 U.S.C. § 1951, and he was arrested on June 17, 2016. Indictment [Dkt. # 13]; Arrest Warrant [Dkt. # 14]. On June 20, 2016, the government filed a motion for pretrial detention. Gov’t Mot. for Pretrial Detention [Dkt. # 16] (“Gov’t Detention Mot.”). A hearing was held on the motion on June 21, 2016, and the Magistrate Judge ordered that the defendant be released into the High Intensity Supervision Program (“HISP”) with home confinement. Min. Entry (June 21, 2016). Pursuant to 18 U.S.C. § 3145(a), the United States has appealed the Magistrate Judge’s decision to release the defendant pending trial. Mot for Emergency Review & Appeal of Release Order [Dkt. # 17] (“Gov’t Appeal Mot.”). The release order was stayed pending the appeal to this Court. Min. Entry (June 21, 2016). On June 22, 2016, defendant filed his response to the government’s motion. Def s Resp. in Opp. to ' Gov’t Appeal Mot. [Dkt.. # 18] (“Def s Opp”). The Court held hearings on the motions on June 23, 2016 and June 28, 2016. Min. Entry (June 23, 2016); Min. Entry (June 28, 2016).

The Court has considered the relevant law, the facts presented in the indictment, the motion and opposition, the evidence presented at the hearings, and the information provided by the Pretrial Services Agency, as well as the statements and arguments of counsel. Based on the record befoi-e it at this time, the Court finds by clear and convincing evidence that there is no condition or combination of conditions that will reasonably assure the safety of the community if defendant is released. Therefore, after consideration of all of the factors set forth in section 3142(g), the Court orders that the defendant shall be detained pending trial.

BACKGROUND

At the hearing and in pleadings filed before the Court, the government proceeded by proffer based on the indictment, and it presented evidence, including surveillance footage, still photographs, and social media postings. Defendant did not offer evidence, but his father appeared on June 28 to discuss potential living arrangements, and counsel made arguments about the significance of the evidence. Accordingly, the Court makes the following findings of fact:

On December 21, 2015, at 8:33 p.m., four individuals entered the Rite-Aid pharmacy located at 4635 South Capitol Street, Southwest with their faces covered. Gov’t Detention Mot. at 4. Surveillance footage shows that one of the individuals hopped the front counter and pointed a gun at the cashier. Id, According to an eyewitness, the man told the cashier to give him the money from the register or he would kill [123] him. Id. A second individual pointed a second gun at a different eyewitness who was at the counter purchasing items, and he told her to stay down. Id. As this was occurring, security camera footage shows an individual the government has identified as defendant Lee hopping over the pharmacy counter, taking several bottles of medicine from behind the counter, and crossing back over the counter. Id. The men then left the store. Id.

An eyewitness alerted passing Metropolitan Police Department officers to what had occurred and directed the officers to a white BMW parked nearby, which the suspects had just entered. Gov’t Detention Mot. at 4. The suspects fled in the BMW into the Barry Farms neighborhood in Washington, D.C., where they bailed out of the car and fled on foot. Id. Officers eventually apprehended Gregory Hull, another indicted defendant in this matter, but they did not locate any of the other suspects. Id. Inside the BMW, police found three bottles of medicine, at least two of which appear to have originated at the Rite-Aid. Id. Fingerprints belonging to defendant Hull and two other indicted defendants, Anthony Burns and Bradley Lee (defendant Lee’s brother), were found in the BMW. Id.

Defendant Breyon Lee was later determined to be the source of fingerprints recovered from the spot on the Rite-Aid pharmacy counter where the robber had placed his hand as he vaulted the counter during the offense. Gov’t Detention Mot. at 4-5. Additionally, the clothing worn by that individual during the robbery, including “a distinctive jacket with an angled zipper and padded shoulder panels,” ripped jeans, as well as the individual’s shoes, matched clothing worn by defendant Lee in various photographs on social media and photographs taken of the defendant during a January 2016 arrest for possession of POP. Id. at 5.

The government has also put forth evidence, including surveillance footage and social media postings, that ties the defendant to at least two additional armed robberies of two 7-11 convenience stores on December 12, 2015, as well as evidence that indicates that at a minimum, he received stolen property obtained during a fourth armed robbery of a shoe store. Several social media posts depict defendant associating with other indicted participants in the series of robberies, Gov’t Detention Mot. at 5, and the government introduced a December 19, 2015 picture of the defendant, his co-defendant Anthony Burns (who is charged with yet another armed robbery) and three other individuals, all sporting the distinctive and otherwise unavailable sneakers stolen during the shoe store robbery. The shoes in question were not available for public sale until January 2016, id, and the photo was captioned “#deydontcomeouttillnextyear” (sic).” Id. There was also cash stolen during the robbery, and co-defendant Burns, standing next to defendant Lee in the photo, is holding up a fan of cash for the camera, id.

Defendant was indicted on June 7, 2016. Indictment.- The,-indictment charges that defendants Breyon Lee, Gregory Hull, and Bradley Lee, took merchandise belonging to a Rite Aid Pharmacy located at 4635 South Capitol Street, S.W., Washington, D.C, “from the custody and possession of employees of that store, against their will by means of actual and threatened force, violence, and fear of injury, immediate and future, to their persons.” Id. at 3.1

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United States v. Lee, 195 F. Supp. 3d 120, 2016 U.S. Dist. LEXIS 86137, 2016 WL 3659892 (D.D.C. 2016).

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