Manda M. Sertich, Assistant United States Attorney, Counsel for Plaintiff.
Douglas Olson, Assistant Federal Defender, Counsel for Defendant.
MEMORANDUM OF LAW & ORDER
MICHAEL J. DAVIS, Chief District Judge.
This matter is before the Court upon the Government's Motion for Revocation of Release Order [Docket No. 15], which requests that the Court revoke the Magistrate Judge's Order Setting Conditions of Release issued on November 22, 2013, the same day as the detention hearing held in Duluth, Minnesota [Docket No. 13]. This appeal is pursuant to 18 U.S.C. § 3145(a).
1. Detention Hearing
A detention hearing was held before the Magistrate Judge on November 22, 2013. The Government presented evidence to the Court, through the testimony of Special Agent Craig Heidenreich of the Federal Bureau of Investigation, who participated in the investigation of the instant offense. The following account is based upon the testimony and evidence presented at the hearing.
From the night of July 17, 2013, to the morning of July 18, 2013, Defendant Terry Dean Iceman was partying with his then-girlfriend L.S., her friend C.S., and C.S.'s boyfriend Daryl Raincloud at Mr. Raincloud's residence. In the morning, after Mr. Raincloud left the house, Defendant, who had been drinking heavily, began acting strangely. L.S. and C.S. locked Defendant out of the house, and he continued to drink outside.
The two women allowed Defendant back into the house around 9:00 a.m., and he immediately began throwing things and yelling. C.S. called emergency dispatch and told them that Defendant was fighting L.S. Officer Ybarra was dispatched to the scene, but because Mr. Raincloud's residence was in a remote location, it took about 40 minutes for her to travel there. In the meantime, Defendant dragged L.S. by her hair outside to a smoldering fire pit and attempted to put her in it. L.S. was able to break free from Defendant and run back into the house, where she made a second call to emergency dispatch, urging them to come soon. She then went back outside to tell Defendant that police were on the way.
Defendant grabbed L.S. again and tore off her clothes. C.S. then attempted to intervene and hit Defendant, but Defendant kicked C.S. in the arm. C.S. went back into the house to call emergency dispatch again; however, she was unable to do so, as the phone had stopped working. Defendant then tore off L.S.'s underwear, and, despite L.S.'s continuous attempts to fight back, Defendant raped her.
After raping L.S., Defendant wrapped her underwear around her neck and dragged her to the fire pit once again. Before they reached the fire pit, the underwear tore. Defendant then punched L.S. in the face several times.
Officer Ybarra arrived and observed L.S. sitting on the ground with no pants on. Defendant was standing above her. As Office Ybarra exited the car, Defendant started toward the wooded around behind the house. Officer Ybarra identified herself and told Defendant to stop, but he continued into the woods. Officer Ybarra caught up to Defendant, who then physically resisted arrest until Officer Ybarra was able to handcuff him and put him into the squad car.
Law enforcement learned from L.S. that Defendant had raped her. C.S. told law enforcement that she had witnessed everything but the actual rape, as she was inside of the house during that time attempting to call emergency dispatch. However, she had seen Defendant tearing off L.S.'s clothes and later dragging her to the fire pit while strangling her with her underwear. Police took photographs of both L.S. and C.S.'s injuries. Police also found L.S.'s torn underwear in Defendant's pocket when he was booked at the Red Lake ...