Case 3:21-cr-00267-GAG Document 46 Filed 08/23/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

UNITED STATES OF AMERICA

Plaintiff

v. Criminal No. 21-267 (GAG)

[2] JORDANY RAFAEL LABOY-GARCIA,

[3] CHRISTIAN YAMAURIE RIVERA-OTERO.
Defendants.

Order of Detention

The Court has conducted De Novo review of the evidence proffered by

the United States to Magistrate Judge Marshal Morgan at the detention hearings
held on August 10, 2021 as reflected in the transcripts thereof (Docket Nos. 44 &
45). Neither defendant specifically contests the facts themselves but rather
present arguments as to why they should be released on conditions (Docket Nos.
39 & 40).

This case involves the premeditated and planned shooting of a targeted

transgender person with a paintball gun. The victim was seriously injured as a result
of the incident. The Court finds that the Government has presented clear and
convincing evidence that both defendants present a danger to the community.

A paintball gun is a dangerous weapon. See United States v Klein, F.3d ,

2021 WL 1751056 (D.D.C. 2021)(holding that a paintball gun is a dangerous
weapon under the Bail Reform Act); see also United States v Burns, 2004 WL 906017
(N.M. Ct. Crim. App. 2004)(holding that paintball gun is a dangerous weapon).
Without necessary protection persons shot with a paintball gun can be seriously
injured. See https://www.washingtonpost.com/news/morning-
 Case 3:21-cr-00267-GAG Document 46 Filed 08/23/21 Page 2 of 2

mix/wp/2018/05/02/paintball-shootings-in-city-streets-are-causing-injuries-and-
alarming-police/

The nature and circumstances of the instant offense favor detention. Here,
defendants planned the attacking of a transgender individual by means of a
paintball gun. They harassed the victim, went to purchase the gun, got the
paintball pellets and then drove back to shoot. They thus committed a violent
act. The weight of the evidence also favors detention. Here, the Government’s
factual proffer was materially uncontested. Finally, defendants’ personal
characteristics do not outweigh the extreme seriousness of the offense and
weight of the evidence. See 18 U.S.C. sec. 3142(g) (Bail Reform Act factors to be
considered in determining whether to release or detain a defendant).

As such, defendants are to be detained pending trial under 18 U.S.C. sec.

3142(f) on dangerousness grounds.

SO ORDERED.
In San Juan, Puerto Rico, this 23rd of August of 2021.

s/ Gustavo A. Gelpi
Gustavo A. Gelpi
US District Judge