A United States District Court in the Middle District of Florida has ordered the detention of Joseph James Nantomah pending trial, citing concerns over public safety and the risk that he may fail to appear in court.
The order followed a detention hearing held at the instance of the U.S. government under the federal Bail Reform Act. The court ruled that no condition or combination of conditions would reasonably assure the safety of the community or guarantee the defendant’s appearance at trial.
In its findings, the court held that a rebuttable presumption of detention applied, based on the nature of the charges against Mr Nantomah and his criminal history. The court noted that the defendant had previously been convicted of a qualifying offence and that the offence was committed while he was on release for another case.
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The court said the defendant failed to present sufficient evidence to rebut the presumption. It further held that even after considering all statutory factors, pretrial detention remained warranted.
Among the reasons cited were the strength of the evidence against the defendant, the likelihood of a lengthy prison sentence if convicted, and his prior criminal record. The court also noted alleged involvement in criminal activity while under supervision, as well as the defendant’s lack of stable employment and residence.
Other factors considered included the defendant’s limited ties to the judicial district, significant ties outside the United States, and concerns relating to his immigration status, including the possibility of removal after any period of incarceration.
The court also disclosed that Mr Nantomah declined to provide contacts who could verify information supplied to pretrial services and refused to submit to urinalysis testing.
Based on the totality of the evidence, the court held that the prosecution had established by clear and convincing evidence that the defendant posed a danger to the community, and by a preponderance of the evidence that he posed a flight risk.
Mr Nantomah has been remanded to the custody of the U.S. Attorney General and will remain in detention pending trial.
