UNITED STATES OF AMERICA v. DEMETRIOS STAVRAKIS, a/k/a Dimitrios Stavrakis, a/k/a Jimmy
Crim. No. ELH-19-00160
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
July 29, 2020
Case 1:19-cr-00160-ELH Document 325
Ellen L. Hollander
This criminal case is rooted in an arson that occurred at a commercial property in Baltimore on July 29, 2015. The property is owned by the defendant, Demetrios “Jimmy” Stavrakis, and housed his business. As a result of the fire, Mr. Stavrakis recovered about $15 million in insurance proceeds. He was charged with multiple offenses in a Second Superseding Indictment. ECF 94.
Trial began on September 9, 2019. ECF 149. On October 24, 2019, the jury convicted the defendant of all four charges lodged in the Second Superseding Indictment. See ECF 217; ECF 226
Sentencing was held on February 12, 2020. ECF 251. On that date, the Court imposed concurrent terms of imprisonment of five years as to Counts Two, Three, and Four, and a consecutive sentence of ten years as to Count One, for a total term of 15 years of imprisonment. ECF 264. That sentence corresponded to the statutory mandatory minimum. At the time of sentencing, the Court set a self-surrender date for the defendant of April 20, 2020.
The defendant filed an appeal on February 18, 2020. ECF 259. The appeal is pending.
In view of the COVID-19 pandemic, the Court has extended the defendant‘s surrender date on three occasions. See ECF 272 (Order of March 23, 2020); ECF 281 (Order of April 30,
The defendant has now filed another motion to postpone his upcoming surrender date of August 3, 2020. ECF 322 (the “Motion“). In the alternative, he seeks release pending appeal. Id. The Motion is supported by exhibits.
In the Motion, the defendant contends that, due to his underlying health conditions, he is at high risk of severe illness or death due to COVID-19. Id. at 3. These health conditions include cardiac disease, hypertension, obesity, and a recent Archilles tendon injury, for which he is still in treatment. Id. And, the defendant asserts that he has been assigned to FCI Texarkana in Texas, a state that is “one of the epicenters” for the pandemic. Id. at 4. Moreover, the defendant contends that his appeal presents “substantial questions of law” regarding the sufficiency of the evidence. Id. at 8 (citing
The government vigorously opposes the Motion. ECF 323. In particular, it takes issue with the defense contention concerning the merits of the appeal. The defendant has replied. ECF 324.
I shall first address the request for release pending appeal.
(b) Release or detention pending appeal by the defendant.--(1) Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the judicial officer finds—
(A) by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under section 3142(b) or (c) of this title; and
(B) that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in—
(i) reversal,
(ii) an order for a new trial,
(iii) a sentence that does not include a term of imprisonment, or
(iv) a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process.
If the judicial officer makes such findings, such judicial officer shall order the release of the person in accordance with section 3142(b) or (c) of this title, except that in the circumstance described in subparagraph (B)(iv) of this paragraph, the judicial officer shall order the detention terminated at the expiration of the likely reduced sentence.
(2) The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (A), (B), or (C) of subsection (f)(1) of section 3142 and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained.
Clearly, the defendant is not a flight risk. Throughout the duration of the case, he appeared in Court, on time, every time his presence was required, including for the sentencing, knowing he faced a mandatory minimum term of 15 years’ imprisonment, and without assurance that he would be permitted to surrender. And, despite the gravity of the underlying offense, I do not believe that the defendant poses a physical danger to the community at large. But, in my view, the evidence at the trial was more than sufficient to convict. I conclude that defendant has not satisfied the provisions of
I turn to the defendant‘s request to delay his reporting date due to the current global pandemic.
The nation is “in the grip of a public health crisis more severe than any seen for a hundred years.” Antietam Battlefield KOA v. Hogan, CCB-20-1130, ___ F. Supp. 3d ___, 2020
The judges of this Court “have written extensively about the pandemic.” United States v. Williams, PWG-19-134, 2020 WL 3073320, at *1 (D. Md. June 10, 2020) (collecting cases). Thus, it is not necessary for me to recount in detail its “unprecedented nature and impact.” Id.
The virus is highly contagious. See Coronavirus Disease 2019 (COVID-19), How COVID-19 Spreads, CTRS. FOR DISEASE CONTROL & PREVENTION (Apr. 2, 2020), https://bit.ly/2XoiDDh. Although many people who are stricken with the virus experience only mild or moderate symptoms, the virus can cause severe medical problems as well as death, especially for those in “high-risk categories....” Antietam Battlefield KOA, 2020 WL 2556496, at *1 (citation omitted). Unfortunately, there is currently no vaccine, cure, “or proven effective treatment” that is available. Id. (citation omitted).
As of July 29, 2020, COVID-19 has infected more than 4 million Americans and caused nearly 150,000 deaths in this country. See COVID-19 Dashboard, THE JOHNS HOPKINS UNIV., https://bit.ly/2WD4XU9 (last accessed July 29, 2020). Moreover, according to the Centers for Disease Control and Prevention (“CDC“), certain risk factors increase the chance of severe illness. The risk factors initially included age (over 65); lung disease; asthma; chronic kidney disease; serious heart disease; obesity; diabetes; liver disease; and a compromised immune system. See Coronavirus Disease 2019 (COVID-19), People Who Are At Risk for Severe Illness, CTRS. FOR DISEASE CONTROL & PREVENTION (May 14, 2020), https://bit.ly/2WBcB16.
On June 25, 2020, the CDC revised its guidance. And then, on July 17, 2020, to reflect the most recently available data, the CDC again revised its guidance as to medical conditions that pose a greater risk of severe illness due to COVID-19. According to the CDC, the factors that increase the risk include cancer; chronic kidney disease; COPD; being immunocompromised; obesity, where the body mass index (“BMI“) is 30 or higher; serious heart conditions, including heart failure and coronary artery disease; sickle cell disease; and Type 2 diabetes. See People of Any Age with Underlying Medical Conditions, CTRS. FOR DISEASE CONTROL & PREVENTION (July 17, 2020), https://bit.ly/38S4NfY.
The CDC has also created a second category for conditions that “might” present a risk for complications from COVID-19. The factors that might increase the risk include cerebrovascular disease, hypertension, pregnancy, liver disease, cystic fibrosis, neurologic conditions, a compromised immune system, smoking, and Type I diabetes. See id. Moderate to severe asthma is an underlying medical condition that was moved to the new category by the CDC; it is now identified as a condition that “might” put an individual at higher risk for COVID-19 complications. See id.
Thus far, the only way to slow the spread of the virus is to practice “social distancing.” See Coronavirus Disease 2019 (COVID-19), How to Protect Yourself & Others, CTRS. FOR DISEASE CONTROL & PREVENTION, https://bit.ly/3dPA8Ba (last accessed May 21, 2020). Social distancing is particularly difficult in the penal setting, however. Seth, 2020 WL 2571168, at *2. Prisoners have little ability to isolate themselves from the threat posed by the coronavirus. Id.; see also Cameron, 2020 WL 2569868, at *1. They are not readily able to secure safety products on their own to protect themselves, such as masks and hand sanitizers. Consequently, correctional facilities are especially vulnerable to viral outbreaks and ill-suited to stem their
On March 23, 2020, the CDC issued guidance for the operation of penal institutions to help prevent the spread of the virus. Seth, 2020 WL 2571168, at *2. Notably, the BOP has implemented substantial measures to mitigate the risks to prisoners, to protect inmates from COVID-19, and to treat those who are infected. Indeed, as the Third Circuit recognized in United States v. Raia, 954 F.3d 594, 597 (3rd Cir. 2020), the BOP has made “extensive and professional efforts to curtail the virus‘s spread.” Nevertheless, the Department of Justice has recognized the unique risks posed to inmates and BOP employees from COVID-19.
And, as with the country as a whole, the virus persists in penal institutions.3 As of July 29, 2020, the BOP reported that 3,781 inmates and 318 BOP staff currently tested positive for COVID-19; 5,475 inmates and 631 staff have recovered; and 97 inmates and one staff member have died from the virus. See https://www.bop.gov/coronavirus/ (last accessed July 19, 2020).
Nevertheless, the Court is mindful of the recent surge of COVID-19 cases nationally. Therefore, the Court will postpone the defendant‘s reporting deadline until September 9, 2020. The Court does not intend to grant an indefinite delay, however. Therefore, any future defense requests for postponement must be supported by adequate medical documentation.
An Order follows.
Date: July 29, 2020
/s/
Ellen L. Hollander
United States District Judge