DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
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UNITED STATES OF AMERICA,
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Plaintiff,
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1:09-mj-39
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v.
5
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VAYRON COLE,
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Defendant.
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__________________________________________5
TO:
Evan Rikhye, Esq., AUSA
Patricia Schrader-Cooke, Esq., AFPD
ORDER DENYING GOVERNMENT’S MOTION TO DETAIN
THIS MATTER came before the Court on October 30, 2009, for hearing upon the
government’s oral motion to detain Defendant Vayron Cole pending trial.  The government
was represented by Evan Rikhye, Esq., AUSA.  Patricia Schrader-Cooke, Esq., appeared on
behalf of Defendant Vayron Cole.  Defendant also was present.
I.
Authorization for Detention Hearing
18 U.S.C. § 3142(f) allows such hearing in a case that involves “a serious risk that
such person will flee . . .”  Id. at § 3142(f)(2)(A).
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United States v. Cole
109–mj-39
Order
Page 2
II.
Consideration of Detention
Title 18 U.S.C. § 3142(e) authorizes the Court to detain a defendant unless the Court
finds that there exists a “condition or combination of conditions [that] will reasonably
assure the appearance of the persons as required and the safety of any other person and
the community.”  Section 3142(g) enumerates factors to be considered:
(1) whether the offense is a crime of violence or involves a narcotic
drug;
(2) the weight of the evidence against the person;
(3) the history and characteristics of the person, including whether, at
the time of the current offense or arrest, defendant was on probation, or
parole from a prior offense;
(4) the nature and seriousness of the danger to any person or the
community that would be posed by the person’s release.
The Court notes that Defendant is charged with offenses involving a narcotic drug. 
However, the government concedes that Defendant does not pose a danger to any other
person and the community.  Moreover, Defendant has ties to this jurisdiction and has
offered his mother and friend as a proposed third-party custodians.
Accordingly, the Court finds that there are conditions which would reasonably
ensure the safety of any other person or the community and the appearance of Defendant
as required.
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United States v. Cole
109–mj-39
Order
Page 3
WHEREFORE, it is hereby ORDERED:
1.
The government’s motion to detain Defendant is DENIED.
2.
Defendant Vayron Cole may be released into the custody of JANICE COLE
and AVRIL WILLIAMS, upon compliance with the Order Setting
Conditions of Release filed separately.
ENTER:
Dated: November 2, 2009
/s/ George W. Cannon, Jr.                           
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
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