United States District Court, W.D. Arkansas, Texarkana Division
BARRY A. BRYANT U.S. MAGISTRATE JUDGE.
the Court is the Motion for Reconsideration (ECF No.
filed herein by Defendant DEADRICK LAMAR TATUM (hereinafter
“Tatum”). In these pleadings, Tatum asks the
Court to reconsider the matter of pretrial release. The
Government has responded to this request to reconsider the
issue of pretrial detention in this matter and objects to the
Motion. ECF No. 15. This matter has been referred to the
undersigned for decision.
Reasons set forth below, I find the Motion for
Reconsideration (ECF No. 14) should be DENIED.
appeared on November 18, 2016 for an initial appearance on a
revocation of his supervised release in Case No.
4:11CR40037-51 and for an appearance on a new Indictment in
Case No. 4:16CR40029-001 charging him with a violation of
Title 18 United States Code 922(g). ECF No. 7. Tatum
initially waived the issue of detention but later requested a
hearing on the matter. A hearing was held on December 5,
2016. Following the hearing, I ordered Tatum detained. ECF
Nos. 12 and 13.
December 12, 2015, Tatum filed the instant Motion stating:
Defendant has known medical conditions that require daily
administration of medication. Prior to his arrest, Defendant
had not taken this medication and at the time this motion was
drafted, had not yet been stabilized. That since the order of
detention was filed, a bed space has been made available for
Defendant at Riverview Behavioral Health in Texarkana for
inpatient treatment. Defendant therefore respectfully
requests this Court reconsider the Defendant's status and
order him released to in-patient treatment, or schedule an
additional hearing on the matter.
ECF No. 14. The Government responded asserting that even if
true, none of the foregoing addressed the issues of danger to
others or the community at large or Tatum's risk of
flight if he were released.
considering a defendant's request to submit additional
information relevant to the issue of release or detention,
the Court is guided by 18 U.S.C. § 3142. Section 3142
provides in part:
The hearing may be reopened, before or after a determination
by the judicial officer, at any time before trial if the
judicial officer finds that information exists that was not
known to the movant at the time of the hearing and that has a
material bearing on the issue whether there are conditions of
release that will reasonably assure the appearance of such
person as required and the safety of any other person and the
18 U.S.C. § 3142(f). I have reviewed Tatum's Motion
and will assume the facts he asserts therein are true, i.e.,
he could be admitted to the Riverview Behavioral Health
facility in Texarkana. He asserts admission to this facility
would assure he takes prescribed medication as directed.
While he does not claim such in the Motion, the Court assumes
he asserts regular medication would make a difference in the
Court's previous finding of danger and risk of flight.
However, none of the information submitted, even if true,
“has a material bearing on the issue whether there are
conditions of release that will reasonably assure the
appearance of such person as required and the safety of any
other person and the community.” The U.S. Marshal is
responsible for providing adequate medical care to all
pretrial detainees. Tatum will receive his prescribed
medication while in detention and does not require admission
to an inpatient facility for this to occur.
prior finding that Tatum, based on his multiple prior
failures to follow conditions of release or supervision,
would not follow any conditions placed on him by this Court
now is still valid. Tatum has shown no willingness to follow
any terms of release in the short time he has previously been
released. Further, based on his history of violence, there is
evidence, from the earlier detention hearing, Tatum would be