United States v. Wyche
| Decision Date | 15 January 2021 |
| Docket Number | CRIMINAL ACTION No. 20-266 |
| Parties | UNITED STATES OF AMERICA, v. DAVID WYCHE |
| Court | U.S. District Court — Eastern District of Pennsylvania |
Defendant David Wyche brings this Motion for Reconsideration of Pretrial Detention (ECF No. 13), seeking release from custody due to concerns over the COVD-19 pandemic. The Government opposes Defendant's Motion. ECF No. 17 at 2. For the following reasons, the Court will deny Defendant's Motion for Reconsideration of Pretrial Detention.1
On August 26, 2020 a grand jury indicted and charged Mr. Wyche with the following offenses: possession with intent to distribute a controlled substance, 21 U.S.C. § 841(a)(1), (b)(1)(C); possession of a firearm in furtherance of a drug trafficking crime, 18 U.S.C. § 924(c)(1)(A)(i); and possession of a firearm by a felon, 18 U.S.C. §§ 922(g)(1), 924(e). ECF No. 1. The government argues that on May 7, 2020, three Philadelphia Police officers on bike patrol saw a 2006 Honda Accord parked illegally at 3000 N. 15th Street in North Philadelphia. ECF No. 17 at 2. As they approached the Honda, the officers allegedly smelled marijuana. ECF No. 17 at 2. Mr. Wyche, who was in the driver's seat, allegedly admitted to having a small amount of marijuana in the Honda. ECF No. 17 at 2-3. During a search of the vehicle, the police uncovered a black Taurus G2C 9mm pistol with an obliterated serial number, one live round in the chamber, and ten live rounds in the magazine. ECF No. 17 at 3. Officers also recovered six plastic jars of cocaine, a glass bottle containing PCP, three bags of marijuana, drug packaging materials, and $6,020 in cash from the Honda. Id. Following a search of Mr. Wyche's person, officers recovered two orange bottles containing 79 total oxycodone pills and $628 cash. Id. Prior to being arrested, Mr. Wyche allegedly admitted that the firearm belonged to him. Id.
On August 26, 2020, following the grand jury indictment, United States Magistrate Judge Timothy R. Rice issued a bench warrant for Mr. Wyche's arrest.See ECF No. 3 at 1. Mr. Wyche pleaded not guilty at his September 4, 2020 arraignment. ECF No. 17 at 3. Given the nature of Mr. Wyche's charges, he is subject to a rebuttable presumption under 18 U.S.C. §§ 3142(e)(3)(A) and 3142(e)(3)(B) that there are no conditions or combination of conditions that could assure the safety of the community and Defendant's appearance at trial.2 Accordingly, on September 8, 2020, United States Magistrate Judge Lynne A. Sitarski ordered Mr. Wyche detained pending trial. ECF No. 17 at 1-2.3
Mr. Wyche filed the instant Motion for Reconsideration of Pretrial Detention on December 7, 2020. See ECF No. 13. 18 U.S.C. § 3142(i) provides that "a judicial officer may, by subsequent order, permit the temporary release of the person, in the custody of a United States marshal or another appropriate person, to the extent that the judicial officer determines such release to be necessary for preparation of the person's defense or for another compelling reason." United States v. Carter, CR 18-561-1, 2020 WL 3412571, at *5 (E.D. Pa. June 22, 2020) (internal citations omitted). Any relief under 18 U.S.C. § 3142(i) requires a consideration of the Bail Reform Act as a whole. Id.
The Bail Reform Act creates a comprehensive set of statutory guidelines governing release and detention decisions for criminal cases in federal court. Under § 3142, pretrial detention may be ordered only in limited circumstances, including where a judicial officer finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community." 18 U.S.C. § 3142(e)(1).
In his Motion, Mr. Wyche argues that he should be granted pretrial release "given [his] medical history and the current [COVID-19] pandemic." ECF No. 13 at 2.4 Mr. Wyche argues that he is at a "higher risk than others of suffering severeconsequences" from a COVID-19 infection due to underlying health conditions. Id. at 3. Those underlying conditions include "hypertension, prior unhealed injuries and anxiety issues, for which he receives medications." Id. The "unhealed injury" in question appears to be a gunshot wound sustained in February 2020. ECF No. 14 at 4.
Mr. Wyche further argues that he is a good candidate for release because he poses no risk of flight or danger to the community. To support this assertion, Mr. Wyche notes that he is a lifelong resident of Philadelphia, which is also where his sister and her family reside. ECF No. 13 at 4. He has also demonstrated intentions to cooperate with the justice system by testifying as the sole witness at a recent Preliminary Hearing for a homicide prosecution involving the shooting death of his pregnant fiancée. Id. at 4. If released, Mr. Wyche intends to reside in a home owned by his sister, Davida Wyche, and would agree to "special conditions including home confinement with electronic monitoring." Id. at 2.
On December 15, 2020 the Government filed its Response to Defendant's Motion for Bail. See ECF No. 17. The government argues that Mr. Wyche's release is not warranted for two reasons. First, Mr. Wyche remains a danger to the community and a flight risk. Second, because there is no medical reason to release him. Id. at 6-7.
To support its first point, the Government notes that Mr. Wyche has an "extensive criminal record of drug and firearm offenses" and lacks a history of legitimate employment. ECF No. 17 at 6. Further, Mr. Wyche was actively involved in the drug-dealing business only months after being seriously injured in a shooting incident and after serving multiple periods of state confinement. Id. at 6-7. In the Government's view, "[t]he applicable presumptions of detention codified at 18 U.S.C. § 3142(e)(3)(A) and (B) exist[] precisely for serious crimes like this, and for serious career criminals like David Wyche." Id. at 6. The Government questions Mr. Wyche's ties to the community because Mr. Wyche does not appear to be the caregiver of his children and he has never been gainfully employed. ECF No. 17 at 7. The Government fears that, if released, Mr. Wyche "has every incentive to flee" given the severe sentence he would face if convicted (a minimum of 20 years). Id.
Regarding Mr. Wyche's medical condition, the Government argues that "[t]here is nothing in the defendant's medical record to suggest that his incarceration at the FDC poses any significant health risk, 'dire' or otherwise." ECF No. 17 at 7. The Government claims that Mr. Wyche's medical records "make clear that he has recently recovered from an asymptomatic COVID-19 infection and, on December 2, 2020, was released from a two-week quarantine." Id. The Government also notes that Mr. Wyche's hypertension and pain from agunshot wound "appear well-controlled with medication and otherwise unremarkable." Id. at 7-8. Further, Mr. Wyche "does not suffer from any medical condition recognized by the CDC as presenting an increased risk of severe illness from a COVID-19 infection." Id. at 9. Though the CDC lists hypertension as a condition that "might" put a person at increased risk,5 the Government cites to several cases in the analogous compassionate release context that have denied relief "when hypertension is the only putative risk factor presented." Id.
The Court will deny Defendant's Motion because he has not demonstrated a compelling reason for his release under 18 U.S.C. § 3142(i) and because he has not rebutted the presumption that no condition or combination of conditions exist to ensure Defendant's appearance in court and the safety of the community. "If a person is detained, Section 3142(i) provides a 'limited safety valve provision,' enabling courts to re-examine detention decisions 'to the extent that the judicial officer determines such release to be necessary for preparation of the person's defense or for another compelling reason.' But in the COVID-19environment, this re-examination does not take place in isolation. Rather, courts also have considered the following factors:
(1) the specificity of the defendant's stated COVID-19 concerns, (2) the original grounds for the defendant's pretrial detention, (3) the extent to which the proposed release plan is tailored to mitigate or exacerbate other COVID-19 risks to the defendant, and (4) the likelihood that the defendant's proposed release would increase COVID-19 risks to others."
Carter, 2020 WL 3412571, at *6 (internal citations omitted). "The court will not necessarily weigh these factors equally, but will consider them as a whole to help guide the court's determination as to whether a 'compelling reason' exists such that temporary release is 'necessary.'" Id. (internal citations omitted).
First, Mr. Wyche's COVID-19 concerns are not sufficient to constitute a compelling reason for pretrial release. Mr. Wyche claims that his medical conditions (hypertension, a recent gunshot wound, and anxiety) make him "more susceptible than most" to negative complications of COVID-19. ECF No. 13 at 4. This assertion is contrary to scientific consensus.
The CDC recognizes hypertension as one of several conditions which "might" put a person at increased risk for serious complications from COVID-19. See CDC, People with Certain Medical Conditions, https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-medical-conditions.html (last visited Jan. 13, 2021). Physical wounds (like thegunshot wound Mr. Wyche sustained in February 2020) and anxiety are not known risk factors. Courts have held that hypertension alone is...
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