Detention Order Affirmed in Child Abuse Case

US v. Begay, No. 09-211 (Feb. 18, 2009) (unpublished): The Tenth Circuit affirms the district court's decision to detain the defendant pending trial. Defendant was charged with assault with intent to do bodily harm to his nine-month-old daughter (the indictment alleges fracturing her skull, injuring her eye, and breaking her arm, legs and ribs). The magistrate judge concluded at the detention hearing that Mr. Begay was a danger to the community but conditions could be placed to ensure safety. Accordingly, the magistrate ordered Mr. Begay be placed in supervised release at La Posada Halfway House. The government appealed to the district court, which ordered detention. Defendant appealed to the Court of Appeals, which concluded that the district court's decision was supported by the evidence. The first factor of 18 USC 3142(g)(1), the nature of the offense charged, involved both a crime of violence and a minor victim. The weight of the evidence favored detention, as Mr. Begay had made various statements about causing the abuse and the medical evidence was that the injuries were consistent with child abuse. The third factor, history of defendant, supported detention because by age 21, Mr. Begay had one prior juvie conviction and two adult convictions, and was on probation. As for the danger to the community and other persons factor, there was evidence that Mr. Begay also physically abused his girlfriend.