Case 5:17-mj-00523-TWD Document 12 Filed 12/11/17 Page 1 of 5

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF NEW YORK
__________________________________________

UNITED STATES OF AMERICA

vs. 5:17-MJ-523 (TWD)
PATRICK D. ANGELO,
Defendant.
__________________________________________

PRETRIAL DETENTION ORDER

Presently before the Court is the Governments motion for pretrial detention of

Defendant PATRICK D. ANGELO. Defendant has been charged by complaint with

knowingly and willfully transmitting a threat, in interstate and foreign commerce, and

threatening to kill a U.S. Congressman while he engaged in the performance of his official

duties, in violation of 18 U.S.C. 875(c) and 115(a)(1)(B). The filing of an indictment or a

valid criminal complaint will suffice to establish probable cause to believe the defendant has

committed the charged offense. United States v. Chimurenga, 760 F.2d 400, 405 (2d Cir.

1985). I find that the complaint and supporting affidavit, as supplemented by the factual

proffer made by the Government, are sufficient to establish probable cause that Defendant

committed the acts alleged in the complaint.

The Government has moved for detention based on danger to others and to the

community. The detention motion may be based on risk of danger under 18 U.S.C.

3142(f)(1)(A) because the charged offense is a crime of violence, as that term is defined in 18

U.S.C. 3156(a)(4)(A), in that it has, as an element, the threatened use of physical force

against the person of another. Based on the nature of the charged offense, there is no

applicable presumption of risk of flight or danger in this case.

A detention hearing was conducted on December 8, 2017. Previously, the Court

ordered a mental health examination to address Defendants suitability for pre-trial release.
 Case 5:17-mj-00523-TWD Document 12 Filed 12/11/17 Page 2 of 5

(Dkt. No. 11.) The report of Thomas A. Lazzaro, PhD., was received by the Court on

December 7, 2017, and copies were forwarded to counsel. The Court has considered Dr.

Lazzaros report, Pretrial Services Report of December 1, 2017, and an Addendum dated

December 8, 2017, and a November 30, 2017, letter from Defendants parents.

The Government proceeded by proffer, and asked the Court to consider the pending

criminal complaint, and the Pretrial Services Report and Addendum. The Government

argued the report of Dr. Lazzaro was inconsistent. The Government also played a recording

of the voice mail message in question. Defendant likewise had the opportunity to present

evidence, and as noted the Court accepted and thoroughly reviewed the letter from

Defendants parents and the report of Dr. Lazzaro, which Defendant argued was not

inconsistent and supported pre-trial release.

To support its motion for detention, the Government bears the burden of proving risk

of flight by a preponderance of the evidence,1 and of proving danger to the community by

clear and convincing evidence. United States v. Chimurenga, 760 F.2d 400, 405 (2d Cir.

1985). The factors for this Court to consider include the nature and characteristics of the

offense charged; the history and characteristics of the defendant; the weight of the evidence

against the defendant; and the nature and seriousness of the risk to the community if the

defendant were to be released. 18 U.S.C. 3142(g)).

I conclude that the Government has sustained its burden to prove, by clear and

convincing evidence, that Defendant presents an unreasonable risk of danger to others and to

the community through continued acts of violence, and that no conditions of release will

adequately mitigate that risk. I will consider, in turn, the relevant factors, which support my

findings and conclusions:

1
The Government did not move for detention based upon risk of flight.

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1. The Nature and Characteristics of the Offense Charged

Defendant has been charged with threatening to kill a U.S. Congressman and his

family. He allegedly left a voice mail detailing the threat and specifically included the

Congressmans family in the threat. The threat also referenced the topic of net neutrality

which is the subject of proposed regulations and legislation that are presently being

considered by the Federal Communications Commission and U.S. Congress. See Complaint

5.

2. The History and Characteristics of the Defendant

Defendant was employed but has apparently lost his job due to his arrest. He has a

college education. He has limited assets. He has generally resided in this District in the

Syracuse area for the past several years, and his parents reside in Geneva, New York, located

in the Western District of New York.

Defendant has a history of receiving a ticket for Unlawful Possession of Marijuana, but

he has no other criminal history. Defendant apparently has some history of alcohol and

marijuana abuse, as reported by campus police where he attended college, although he denied

any history of substance abuse. Notably, Defendant had been drinking when he met with FBI

agents during the investigation, and his BAC was .08% when he was arrested and processed.

It was suggested that Defendant may have been drinking when the alleged crime occurred.

While Dr. Lazzaro concluded that Defendant would not be a danger to himself or others if

returned to the community awaiting trial, he also noted Defendant was somewhat rebellious

and had anxiety and depression. According to Dr. Lazzaro, Defendant had deficits in self-

esteem and feelings of self-worth, and would benefit from counseling and possible medication

intervention.

Most troublesome is that Defendant has apparently been engaged in some sort of

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firearms shooting lessons or training. A loaded firearm and a case of ammunition were

located in his apartment after his arrest.

3. The Weight of the Evidence Against the Defendant

The complaint alleges that Defendant left a voice mail specifically threatening to kill

the Congressman and the Congressmans family. See Complaint 5. While it was suggested

that Defendant may have been drinking at the time, nevertheless in listening to the recording

which was played at the hearing, the speaker was quite articulate, as well as specific and

precise in the threat. The investigation revealed the telephone number used for the voice mail

matched Defendants cellular number and the investigating agents were able to reach

Defendant on the same cellular number.

4. The Nature and Seriousness of the Risk to the Community

Defendant has been charged with a violent crime. He has a history substance abuse

problems and some mental health issues. This Court finds Defendants substance abuse

issues, and the detailed violent threat, coupled with having a loaded firearm and other

ammunition, along with apparent participation in shooting lessons, present a danger to the

community.

5. Consideration of Conditions of Release

The Court has considered whether any conditions of release would reduce Defendants

risk of danger to others to an acceptable level, and finds that no combination of conditions

would do so.

The Court notes that Defendant would likely benefit from mental health counseling.

Therefore he should be housed at a facility that offers comprehensive mental health care, if

possible.

WHEREFORE, it is hereby

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ORDERED, that the Governments motion for detention is GRANTED, and it is

ORDERED, that Defendant is 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. Defendant shall be afforded a reasonable opportunity for private consultation with
defense counsel. On order of a court of the United States or on request of an attorney for the
Government, the person in charge of the corrections facility shall deliver the defendant to the
United States Marshal for the purpose of an appearance in connection with a court
proceeding.
Dated: December 11, 2017
Syracuse, NY