United States v. Pfeifer

334 F. Supp. 3d 1199
CourtDistrict Court, M.D. Alabama
DecidedAugust 1, 2018
DocketCRIMINAL ACTION NO. 1:14cr417-MHT
StatusPublished

This text of 334 F. Supp. 3d 1199 (United States v. Pfeifer) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Pfeifer, 334 F. Supp. 3d 1199 (M.D. Ala. 2018).

Opinion

Myron H. Thompson, UNITED STATES DISTRICT JUDGE

This criminal cause is before the court on the question whether defendant Deryke Matthew Pfeifer should be conditionally released. On March 8, 2018, this court determined, after an evidentiary hearing, that Pfeifer was mentally incompetent to stand trial and that there was not a substantial probability that he could be restored to mental competency in the foreseeable future. See United States v. Pfeifer , No. 1:14cr417-MHT, 2018 WL 1210962 (M.D. Ala. Mar. 8, 2018). The court also ordered an evaluation by mental-health professionals at the Federal Bureau of Prisons (BOP), whose task was to determine whether Pfeifer's release would create a substantial risk of bodily injury to another person or serious damage to property of another. At the end of a hearing on July 26, 2018, the court made a general and conclusory finding that Pfeifer's conditional release would not pose such a risk, and the court entered a formal order for his immediate release subject to certain specific conditions, with an opinion setting forth more detailed findings and giving a more detailed explanation to follow. See Order (doc. no. 239) (ordering conditional release); Order (doc. no. 240) (adding condition of substance-abuse treatment and testing); Order (doc. no. 241) (setting first status conference after six months to review Pfeifer's performance under supervision). This is that opinion.

A.

Pfeifer is charged in a superseding indictment with one count of making a threat to the President of the United States, in violation of 18 U.S.C. § 871(a), and one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). See Superseding Indictment (doc. no. 185). Specifically, the government alleges, as background to the indictment that Pfeifer in 2014, after having relocated from Michigan to Alabama, made several threatening phone calls to the Social Security Administration (SSA) office in Jackson, Michigan, and the Department of Homeland Security Mega Center/Federal Protective Service in Battle Creek, Michigan, in which he threatened to blow up the SSA building and said--either while speaking 'as God' or 'for God'--that he was "going to kill Obama." In addition, he allegedly posted a video on his Facebook page in which he had a pistol in his lap and made threats against President Obama, the SSA building, and state police officers in Ozark, Alabama, who had recently arrested him.

As stated, on March 8, 2018, this court determined, after an evidentiary hearing, that Pfeifer was mentally incompetent to *1201stand trial and that there was not a substantial probability that he could be restored to mental competency in the foreseeable future. See United States v. Pfeifer , No. 1:14cr417-MHT, 2018 WL 1210962 (M.D. Ala. Mar. 8, 2018). Later, on July 26, 2018, the court held a hearing pursuant to the provisions of 18 U.S.C. §§ 4246 and 4247(d) to determine whether Pfeifer's release would create a substantial risk of bodily injury to another person or serious damage to property of another due to present mental disease or defect.

At the outset, given some ambiguity in the statute and some confusion at the hearing, it bears addressing what the court's options are when making such a determination. Subsection (d) of 18 U.S.C. § 4246 states, "If, after the hearing, the court finds by clear and convincing evidence that the person is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another, the court shall commit the person to the custody of the Attorney General"--that is, to be 'civilly committed' on the basis of dangerousness. Subsection (e), titled "Discharge," further provides that, after the person has been committed, he may be released if (1) the court finds, after a hearing, that "his release would no longer create a substantial risk of bodily injury to another person or serious damage to property of another," or (2) the court finds that "his conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment would no longer create a substantial risk of bodily injury to another person or serious damage to property of another," provided that the court orders, "as an explicit condition of release, that he comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment." In sum, while Subsection (d) of § 4246 by its terms provides for only commitment or unconditional release, Subsection (e) provides for continued commitment, unconditional release, and release subject to certain conditions.

The court concludes that, despite the failure of Subsection (d) to discuss conditional release explicitly, § 4246 also empowers courts to conditionally release defendants in the first instance, that is, prior to civil commitment. For one, the statute empowers courts to commit individuals civilly and to release them subsequently, subject to certain conditions. This greater power, especially in the context of an otherwise procedurally convoluted statute, necessarily implies the lesser power to release conditionally in the first instance. Moreover, it would make little sense for a court to require the government to go through the administrative rigmarole of civil commitment spelled out in subsection (d), only to subsequently discharge a person subject to certain conditions, if it determined at the initial dangerousness hearing that the person would not be a danger if conditionally released, and could therefore be released under those conditions prior to any commitment.

Accordingly, the appropriate question before the court at a dangerousness hearing is twofold: first, whether the defendant's unconditional release would create a substantial risk of bodily injury to another person or serious damage to property of another due to a current mental disease or defect; and, second, if so, whether his release subject to certain conditions would still create that risk. If he is not dangerous without being subject to conditions, he is to be unconditionally released; if he would be dangerous but for the imposition of certain conditions of treatment, he is to be conditionally released subject to those conditions, which may be periodically reviewed *1202for their appropriateness; if there are no conditions under which he would not pose a danger, he is to be committed.

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Bluebook (online)
334 F. Supp. 3d 1199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-pfeifer-almd-2018.