USA v. Toombs
| Missouri Western District Court | |
| Case #: | 4:21-cr-00238 |
| Case Filed: | Oct 05, 2021 |
| Last checked: Friday Oct 08, 2021 2:54 AM CDT |
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Defendant
Myron J Toombs (1)
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Represented By
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Plaintiff
USA
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Represented By
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GPO
Sep 30 2021
ORDER OF DETENTION, CUSTODY DIRECTIVES AND ORDER AUTHORIZING TEMPORARY TRANSFER as to Myron J Toombs. Signed on September 30, 2021 by Magistrate Judge W. Brian Gaddy. (Kanoy, Sarah)[4:21-mj-00101-WBG] |
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GPO
Jan 10 2022
REPORT AND RECOMMENDATION as to Myron J Toombs. Objections to Report and Recommendation due by 1/24/2022 unless otherwise directed by the court. It is RECOMMENDED that the District Court, after conducting its own independent review of the record, find that Defendant Myron Toombs is incompetent to understand the nature and consequence of the proceedings against him and assist properly in his defense. It is RECOMMENDED that, pursuant to 18 U.S.C. § 4241(d), the Court enter an order committing Defendant Toombs to the custody of the Attorney General for hospitalization and treatment in a suitable facility for a reasonable time up to 120 days to determine whether there is a substantial probability that in the foreseeable future, Defendant will attain the capacity to permit the trial to proceed. Signed on January 10, 2022 by Magistrate Judge W. Brian Gaddy. (Kanoy, Sarah) |
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GPO
Feb 17 2022
ORDER adopting Report and Recommendations re (Doc. 24) Report and Recommendations as to Myron J Toombs. Signed on 2/17/2022 by District Judge Howard F. Sachs. (Nolte, Melissa) |
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GPO
Mar 10 2023
REPORT AND RECOMMENDATION as to Myron J Toombs's competency to stand trial. It is RECOMMENDED that the District Court, after conducting its own independent review of the record, find Defendant Toombs's competency to stand trial has been restored, and Defendant is presently competent to understand the nature and consequence of the proceedings against him and to assist properly in his defense. Counsel have waived the filing of any objections to this Report and Recommendation and agree that the issue of competency is ready for ruling by the District Judge. Signed on March 10, 2023 by Magistrate Judge W. Brian Gaddy. (Hobbs, Sarah) |
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GPO
Mar 27 2023
ORDER - ADOPTING 31 Report and Recommendations as to Myron J Toombs (1). Signed on 3/27/23 by District Judge Howard F. Sachs. (Anderson, Christy) |
| Docket last updated: 10/08/2021 3:28 AM CDT |
| Monday, September 27, 2021 | ||
| ARREST of Myron J Toombs. (Nolte, Melissa) [4:21-mj-00101-WBG] | ||
| 1 | 1
COMPLAINT as to Myron J Toombs (1). (Nolte, Melissa) [4:21-mj-00101-WBG]
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Att: 1
Affidavit
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| 2 | 2
MOTION for detention hearing by USA as to Myron J Toombs. Suggestions in opposition/response due by 10/12/2021 unless otherwise directed by the court. (Nolte, Melissa) [4:21-mj-00101-WBG]
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MOTION to continue detention hearing by USA as to Myron J Toombs. Suggestions in opposition/response due by 10/12/2021 unless otherwise directed by the court. (Nolte, Melissa) [4:21-mj-00101-WBG]
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| 4 | 4 Minute Entry for proceedings held before Magistrate Judge W. Brian Gaddy: INITIAL APPEARANCE as to Myron J Toombs held on 9/27/2021. All parties present and ready for hearing; defendant present in custody. Court advises defendant of rights. Defendant requests the Court to appoint counsel for him. The Court will conditionally appoint counsel to represent this defendant, who will assist with completing the Financial Affidavit (CJA 23 form), which will then be filed in ECF. Court summarizes charges and penalties in the complaint and affidavit. Bail not set; a motion for detention hearing and for continuance of hearing filed by Government; granted; defendant temporarily detained, pending preliminary hearing and detention hearing. Defendant remanded to custody of the U.S. Marshal. Detention Hearing and Preliminary Hearing set for 9/30/2021 09:30 AM in Courtroom 6D, Kansas City before Magistrate Judge W. Brian Gaddy. Counsel appearing for USA: Jess Michaelsen. Counsel appearing for Defendant: Lesley Smith/Standby Counsel. Time in court: 3:24 p.m. to 3:31 p.m.. To order a transcript of this hearing please contact Melissa Nolte, 816-512-5064. This is a TEXT ONLY ENTRY. No document is attached. (Nolte, Melissa) [4:21-mj-00101-WBG] | |
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ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to Myron J Toombs. Signed on 9/27/2021 by Magistrate Judge W. Brian Gaddy. (Nolte, Melissa) [4:21-mj-00101-WBG]
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| Tuesday, September 28, 2021 | ||
| Attorney update in case as to Myron J Toombs. Attorney Stephen C Moss for Myron J Toombs added. (Nolte, Melissa) [4:21-mj-00101-WBG] | ||
| 6 | 6
ARREST WARRANT RETURNED EXECUTED on 9/27/21 as to Myron J Toombs. Pursuant to the E-Government Act and Federal Rules of Criminal Procedure 49.1(a), access to this document is restricted to case participants and the court. (Ellis, Lindsey) [4:21-mj-00101-WBG]
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| Wednesday, September 29, 2021 | ||
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BOND REPORT as to Myron J Toombs. Document is available to applicable parties only. Authorized users enter PACER login and password first for authentication. (Augustine, Megan) [4:21-mj-00101-WBG]
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| Thursday, September 30, 2021 | ||
| 9 | 9 Minute Entry for proceedings held before Magistrate Judge W. Brian Gaddy: PRELIMINARY HEARING and DETENTION HEARING as to Myron J Toombs held on 9/30/2021. All parties present and ready for hearing; Defendant appears in person and in custody. Parties stipulate to the factual contents of the affidavit attached to the complaint as being the direct testimony of Detective Brian Tomanio, Kansas City, Missouri Police Department. No further evidence or argument. After receiving evidence, the Court finds probable cause established; Defendant bound over to U.S. District Court for other proceedings. As required by Rule 5(f), the Court orders the United States to produce all exculpatory evidence to the Defendant pursuant to Brady v. Maryland and its progeny. Not doing so in a timely manner may result in sanctions, including exclusion of evidence, adverse jury instructions, dismissal of charges, disciplinary action, and contempt proceedings. DETENTION -- Parties stipulate to the Pretrial Services Report as being the direct testimony of Pretrial Services Officer. Defense counsel makes proffers as stated on the record. Government does not object to proffers. No further evidence offered. Arguments presented. Having considered the factors set forth in 18 USC 3142(g), the Court finds there are no condition or combination of conditions of release that will reasonably assure the appearance of the person as required and the safety of any other person or persons and the community. A written order will follow. Court orders the Defendant remain in custody of U.S. Marshals, pending further proceedings in this matter. Counsel appearing for USA: Jess Michaelsen. Counsel appearing for Defendant: Steve Moss. Pretrial/Probation Officer: Angela Palmerton. Time in court: 9:32 am to 9:45 am. To order a transcript of this hearing please contact Teresa Williams, 816-512-5774. This is a TEXT ONLY ENTRY. No document is attached. (Williams, Teresa) [4:21-mj-00101-WBG] | |
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NOTICE PURSUANT TO THE DUE PROCESS PROTECTIONS ACT as to Myron J. Toombs. Signed on 9/30/21 by Magistrate Judge W. Brian Gaddy. (Williams, Teresa) [4:21-mj-00101-WBG]
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ORDER OF DETENTION, CUSTODY DIRECTIVES AND ORDER AUTHORIZING TEMPORARY TRANSFER as to Myron J Toombs. Signed on September 30, 2021 by Magistrate Judge W. Brian Gaddy. (Kanoy, Sarah) [4:21-mj-00101-WBG]
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MOTION for order of competency to stand trial by Myron J Toombs. Suggestions in opposition/response due by 10/14/2021 unless otherwise directed by the court. (Moss, Stephen) [4:21-mj-00101-WBG]
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| Tuesday, October 05, 2021 | ||
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INDICTMENT as to Myron J Toombs (1) count(s) 1, 2, 3. (Kern, Kendra) Modified on 10/6/2021 main document and attachment replaced to correct filing oversight.(Kern, Kendra).
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Att: 1
Criminal Cover Sheet
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ORDER REFERRING CASE to Magistrate Judge W. Brian Gaddy as to Myron J Toombs. Signed on 10/5/2021 by District Judge Howard F. Sachs.(Kern, Kendra)
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