Case 2:17-mj-00044-jmc Document 9 Filed 04/24/17 Page 1 of 5

UNITED STATES DISTRICT COURT

FOR THE
DISTRICT OF VERMONT

UNITED STATES OF AMERICA, )

Plaintiff, )
)
v. ) Docket No. 2:17-mj-44
)
JOSIAH LEACH, )
Defendant. )

MOTION FOR DETENTION

NOW COMES the United States of America, by and through its attorney, Eugenia A.P.

Cowles, Acting United States Attorney for the District of Vermont, and moves for pretrial

detention of the above-named defendant pursuant to 18 U.S.C. 3142(e) and (f).

Eligibility for Detention. This defendant is eligible for detention for at least two reasons.

First, pursuant to 18 U.S.C. 3142(f)(1)(A), Leach is eligible for pre-trial detention because he

is charged with a crime of violence. 1 Second, the case involves a serious risk of obstruction, and

of threats to witnesses. 18 U.S.C. 3142(f)(2)(B).

As alleged in the complaint, Josiah Leach repeatedly threatened to kill individuals at

South Burlington High School, leaving not just the named individuals but the entire community

in fear. When faced with the current, serious criminal charges, it is reasonable to believe that

1
The Bail Reform Act defines crime of violence to include an offense that has as an element of
the offense the . . . threatened use of physical force against the person or property of another.
18 U.S.C. 3156(a)(4)(A). Leach is charged with violating 18 U.S.C. 875(c), which
criminalizes the knowing transmission in interstate commerce of any threat to injure the person
of another. Of note, if the definition of crime of violence did not include threats of violence,
Leach would still be eligible for detention under 3142(f)(1) because the crime involves a
minor victim. See 18 U.S.C. 3142(f)(1)(E).
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based on his prior behavior, he would again resort to threats. Additionally, many of the victims

of Leachs threats were minors.

Reason For Detention. The Court should detain the defendant because there are no

conditions of release which will reasonably assure the safety of the community in the event of

the defendants release as required. Leach repeatedly promised to kill students and faculty

members at South Burlington High School. He continued to threaten students even after it was

clear in the news media and to students at the school, including Leach, that law enforcement was

responding. His past threats suggest he is a danger to those around him.

Time For Detention Hearing. The United States requests the court conduct the detention

hearing after a three-day continuance pursuant to 18 U.S.C. 3142(f). This additional time will

allow both parties and the pre-trial services to gather more information about Mr. Leach.

As is customary in hearings under 3142(f), 2 at the hearing the United States intends to

proceed by proffer of information. See United States v. Martir, 782 F.2d 1141, 1147 (2d Cir.

1986). The United States intends to establish by clear and convincing evidence that there are

no conditions or combination of conditions [that] will reasonably assure the safety of any other

person and the community. 3142(f).

The factors the Court shall consider under the Bail Reform Act, all counsel in favor of

detention. First, with respect to the nature and circumstances of the offense charged, including

whether the offense is a crime of violence, 3142(g)(1), this district has rarely, if ever, seen a

crime of violence affecting as many people. As the Criminal Complaint explains, Leachs

conduct disrupted an entire community, affecting the more than 900 students of South Burlington

2
3142(f) states: The rule concerning admissibility of evidence in criminal trials do not apply
to the presentation and consideration of information at the hearing.
2
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High School, more than 500 hundred students of the South Burlington Middle School (located

just across a parking lot from the high school), their faculty and staff, with threats of violence.

Further, the impact of the threats spread not just to the individuals at the school, but to family

members in fear for the safety of their loved ones. Messages attributable to Leach include:

On April 18: Im going to kill you and all your students soon at south

Burlington high school in Vermont (Complaint 7); First I am

killing everyone at south Burlington high school right now ( 10);

everyone is going to die tomorrow ( 15);

On April 19: Im choosing 5 students in my interest to kill today then Im

killing every teacher who gets this mail ( 20);

On April 20: Now I got to see what students I can kill. . .. check out the murder

list, including a list of five teachers and ten students (not

including Leach) ( 23).

Second, the weight of evidence against Leach, 3142(g)(2), is substantial. The

Complaint details much of the electronic evidence connecting Leach to this crime. That

evidence includes Leach using the SBHS system to access the email addresses of several

recipients of one of the threatening emails within seconds of sending that email. The evidence

also includes Leach being one of only approximately three students to access websites associated

with Microsoft outlook from the SBHS school network when that network was used to create an

outlook email account that was associated with the Facebook account that sent one of the

threatening messages. The evidence also includes that a person using Leachs login-credentials

on the SBHS network accessed websites associate with a VOIP service within a minute of when

the account was established that was later used to deliver one of the threats. The evidence also

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includes the use of the internet protocol address associated with Leachs residence to access an

Outlook account minutes before that account was used to send another threatening email.

Furthermore, during a Mirandized interview with law enforcement on Friday evening,

Leach admitted to sending at least one of the threatening emails. During that interview, Leach

also lied. He claimed to have destroyed the cell phone devices identified in the Search Warrant

application, only admitting to the lie when told police had a search warrant. The devices were

found in his bedroom. The presence of those devices also adds to the weight of evidence against

Leach.

It should also be noted that during the search of Leachs apartment police did not find

weapons or explosives. During the interview, moreover, Leach also claimed that he did not

intend to hurt anyone. The veracity of that claim is dubious, however, in light of other self-

serving lies he made during the same interview.

Unfortunately, Leachs history and characteristics, 3142(g)(3), also indicate he presents

a danger that cannot be addressed by conditions. He is 18 years old. He has been arrested

multiple times, including in 2014 for a burglary in progress in Burlington. Perhaps most-telling,

however, is the continuation and escalation of the threats he made in the instant case. Leach

continued his disruptive conduct after causing repeated school lock-downs. After making

general threats for two days, he then distributed a kill list identifying specific intended victims.

The Court shall also consider the nature and seriousness of the danger to any person or

the community that would be posed by the persons release. 3142(g)(4). Students at the

affected schools span a wide variety of backgrounds. Police have advised that during the events

described in the criminal complaint, certain members of the community were so concerned for

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their own safety that they were afraid to leave their home, and others expressed genuine fear for

their well-being.

Leach should be detained.

Dated at Burlington, in the District of Vermont, this 24th day of April 2017.

Respectfully submitted,

UNITED STATES OF AMERICA

EUGENIA A. P. COWLES
Acting United States Attorney

/s/ Michael P. Drescher

MICHAEL P. DRESCHER
Assistant United States Attorney
P.O. Box 570
Burlington VT 05402-0570
(802) 951-6725