United States District Court, W.D. Missouri, Southern Division
DOUGLAS HARPOOL, UNITED STATES DISTRICT JUDGE.
the Court is the Report and Recommendation of the Magistrate
Judge. (Doc. 9). The government has filed a Petition to
Determine Present Mental Condition of an Imprisoned person
pursuant to 18 U.S.C. § 4246. (Doc. 1). The government
has also filed a Motion for Conditional Release. (Doc. 6).
The Magistrate Judge recommends that Defendant be committed
to the custody of the attorney general under § 4246 and
be conditionally released under a prescribed regimen of
medical and psychiatric care. Defendant has waived his right
to file exceptions, and the matter is ripe for review.
December 18, 2018, a panel of medical professionals submitted
a Forensic Psychological Report. (Doc. 1-2). The panel
diagnosed Defendant with “major neurocognitive disorder
due to traumatic brain injury.” (Doc. 1-2 at 4). The
panel further diagnosed Defendant with schizophrenia in
partial remission and a rule-out mild intellectual disability
and noted a history of violent behavior. Id. at 15.
Because the panel found a causal connection between his
mental defect and a risk of violence, it concluded that
Defendant suffers from a mental disease and defect, the
latter of which could create a substantial risk of bodily
injury to another person or serious damage to the property of
another and recommended he be committed under § 4246.
Id. at 18.
panel also concluded that Defendant's risk for future
violence would be mitigated upon release if he was closely
monitored by federal probation officers. Based on that, the
government filed its Motion for Conditional Release. The
government has proposed a list of conditions for
Defendant's conditional release. (Doc. 6-2 at 4-5).
Magistrate Judge held a hearing on April 23, 2019. (Doc. 7).
Defendant did not present any evidence but did state he was
aware of and willing to abide by the proposed conditions of
careful review of the record, the Court finds by clear and
convincing evidence that Defendant suffers from a mental
disease and defect and, if released without proper monitoring
and conditions, his mental illnesses could create a
substantial risk of bodily injury to another person or
serious damage to property of another. The Court hereby
ADOPTS the Report and Recommendation of the
Magistrate Judge as to the government's Petition to
Determine Present Mental Condition and
COMMITS Defendant to the custody of the
attorney general for hospitalization and treatment under 18
U.S.C. § 4246.
Court also ADOPTS the Report and
Recommendation of the Magistrate Judge as to the
government's Motion for Conditional Release and
GRANTS that Motion. It is
ORDERED that Defendant be conditionally
released pursuant to the following conditions:
1). Mr. Tomas shall reside with his sister, Hawara Tomas, at
27496 Dover Ave, Livonia, Ml 48150, (313) 433-7974. He shall
remain at said residence at the direction of U.S. Probation
Officer. The U.S. Probation Office shall be notified in
advance of any changes from this residence.
2). Mr. Tomas shall actively participate in, and cooperate
with, a regimen of mental health care and psychiatric
aftercare as directed and administered by the treating mental
health provider. This is to include his voluntary admission
to an inpatient facility for stabilization should it be
deemed necessary. He shall follow all the rules, regulations
and instructions of the treatment staff and comply with the
treatment regimen recommended.
3). Mr. Tomas shall continue to take his medications,
including injectable units, as prescribed for him by the
4). Mr. Tomas shall waive his rights to confidentiality
regarding his mental health treatment in order to allow
sharing of information with the supervising U.S. Probation
Officer and other mental health treatment providers, who will
assist in evaluating his ongoing appropriateness for
5). Mr. Tomas shall refrain from the use of alcohol and
illegal drug usage, as well as the abuse of over-the-counter
medications, and submit to random urinalysis testing as
warranted by treating mental health staff and/or the
probation officer. This also includes participating in
substance abuse treatment as deemed necessary. 6). Mr. Tomas
shall not have in his possession at any time actual or
imitation firearms or other deadly weapons and he may not
write, say or communicate threats. He shall submit to a
warrantless search on request of his U.S. Probation Officer
or any law enforcement officer of his person or property for
the purpose of determining compliance with this provision and
shall permit confiscation of any such contraband.
7). Mr. Tomas shall not commit a federal, state, or local
crime, and he shall immediately notify his U.S. Probation
Officer if he is arrested or questioned by any law
enforcement officer. He shall not associate with any person
convicted of a felony, unless granted permission to do so,
from his U.S. Probation Officer.
8). Mr. Tomas shall address any outstanding misdemeanor
warrants and notify his U.S. Probation Officer of his efforts
and report the ...