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AO 472 (Rev. 11/16) Order of Detention Pending Trial

UNITED STATES DISTRICT COURT

for the

Northern District of Texas

United States of America )

)

)

)

)

v.

Henry Dwight Williams

Case No. 3:22-cr-00054-N(1)

Defendant

ORDER OF DETENTION PENDING TRIAL

Part I - Eligibility for Detention

Upon the

Motion of the Government attorney pursuant to 18 U.S.C. § 3142(f)(1), or

Motion of the Government or Court’s own motion pursuant to 18 U.S.C. § 3142(f)(2),

the Court held a detention hearing and found that detention is warranted. This order sets forth the Court’s findings of fact 

and conclusions of law, as required by 18 U.S.C. § 3142(i), in addition to any other findings made at the hearing.

Part II - Findings of Fact and Law as to Presumptions under § 3142(e)

A. Rebuttable Presumption Arises Under 18 U.S.C. § 3142(e)(2) (previous violator): There is a rebuttable

presumption that no condition or combination of conditions will reasonably assure the safety of any other person 

and the community because the following conditions have been met:

(1) the defendant is charged with one of the following crimes described in 18 U.S.C. § 3142(f)(1):

(a) a crime of violence, a violation of 18 U.S.C. § 1591, or an offense listed in 18 U.S.C. 

§ 2332b(g)(5)(B) for which a maximum term of imprisonment of 10 years or more is prescribed; or

(b) an offense for which the maximum sentence is life imprisonment or death; or

(c) an offense for which a maximum term of imprisonment of 10 years or more is prescribed in the

Controlled Substances Act (21 U.S.C. §§ 801-904), the Controlled Substances Import and Export Act 

(21 U.S.C. §§ 951-971), or Chapter 705 of Title 46, U.S.C. (46 U.S.C. §§ 70501-70508); or

(d) any felony if such person has been convicted of two or more offenses described in subparagraphs 

(a) through (c) of this paragraph, or two or more State or local offenses that would have been offenses 

described in subparagraphs (a) through (c) of this paragraph if a circumstance giving rise to Federal 

jurisdiction had existed, or a combination of such offenses; or

(e) any felony that is not otherwise a crime of violence but involves:

(i) a minor victim; (ii) the possession of a firearm or destructive device (as defined in 18 U.S.C. § 921); 

(iii) any other dangerous weapon; or (iv) a failure to register under 18 U.S.C. § 2250; and

(2) the defendant has previously been convicted of a Federal offense that is described in 18 U.S.C. 

§ 3142(f)(1), or of a State or local offense that would have been such an offense if a circumstance giving rise 

to Federal jurisdiction had existed; and

(3) the offense described in paragraph (2) above for which the defendant has been convicted was

committed while the defendant was on release pending trial for a Federal, State, or local offense; and

(4) a period of not more than five years has elapsed since the date of conviction, or the release of the 

defendant from imprisonment, for the offense described in paragraph (2) above, whichever is later.

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AO 472 (Rev. 11/16) Order of Detention Pending Trial

B. Rebuttable Presumption Arises Under 18 U.S.C. § 3142(e)(3) (narcotics, firearm, other offenses): There is a

rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of the 

defendant as required and the safety of the community because there is probable cause to believe that the defendant 

committed one or more of the following offenses:

(1) an offense for which a maximum term of imprisonment of 10 years or more is prescribed in the

Controlled Substances Act (21 U.S.C. §§ 801-904), the Controlled Substances Import and Export Act (21 

U.S.C. §§ 951-971), or Chapter 705 of Title 46, U.S.C. (46 U.S.C. §§ 70501-70508); 

(2) an offense under 18 U.S.C. §§ 924(c), 956(a), or 2332b;

(3) an offense listed in 18 U.S.C. § 2332b(g)(5)(B) for which a maximum term of imprisonment of 10 years 

or more is prescribed;

(4) an offense under Chapter 77 of Title 18, U.S.C. (18 U.S.C. §§ 1581-1597) for which a maximum term of 

imprisonment of 20 years or more is prescribed; or

(5) an offense involving a minor victim under 18 U.S.C. §§ 1201, 1591, 2241, 2242, 2244(a)(1), 2245,

2251, 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 

2260, 2421, 2422, 2423, or 2425.

C. Conclusions Regarding Applicability of Any Presumption Established Above

The defendant has not introduced sufficient evidence to rebut the presumption above, and detention is

ordered on that basis. (Part III need not be completed.)

OR

The defendant has presented evidence sufficient to rebut the presumption, but after considering the 

presumption and the other factors discussed below, detention is warranted.

Part III - Analysis and Statement of the Reasons for Detention

After considering the factors set forth in 18 U.S.C. § 3142(g) and the information presented at the detention hearing, 

the Court concludes that the defendant must be detained pending trial because the Government has proven:

By clear and convincing evidence that no condition or combination of conditions of release will reasonably assure

the safety of any other person and the community.

By a preponderance of evidence that no condition or combination of conditions of release will reasonably assure

the defendant’s appearance as required.

In addition to any findings made on the record at the hearing, the reasons for detention include the following:

Weight of evidence against the defendant is strong

Subject to lengthy period of incarceration if convicted

Prior criminal history

Participation in criminal activity while on probation, parole, or supervision

History of violence or use of weapons

History of alcohol or substance abuse

Lack of stable employment

Lack of stable residence

Lack of financially responsible sureties

Lack of significant community or family ties to this district

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AO 472 (Rev. 11/16) Order of Detention Pending Trial

Significant family or other ties outside the United States

Lack of legal status in the United States

Subject to removal or deportation after serving any period of incarceration

Prior failure to appear in court as ordered

Prior attempt(s) to evade law enforcement

Use of alias(es) or false documents

Background information unknown or unverified

Prior violations of probation, parole, or supervised release

OTHER REASONS OR FURTHER EXPLANATION:

Henry Dwight Williams is charged by indictment with a violation of 18 U.S.C. § 922(g). Specifically, Williams is 

accused of selling a semi-automatic handgun to Malik Faisal Akram on January 13, 2022. Two days later, Akram used the 

gun to commit an act of terrorism when Akram took several individuals hostage inside the Congregation Beth Israel 

Synagogue in Colleyville, Texas. In view of all the evidence in the record, the Court determines the government easily 

met its burden to show there are no conditions of release that will reasonably assure Williams’s appearance as required 

and the safety of any other person and the community. The weight of the evidence against Williams is strong, and—

despite ties to the district—he has a significant incentive to flee. His history and characteristics are such that he poses a 

serious risk of danger if released. The government’s witness gave credible and uncontroverted testimony at the detention 

hearing that the FBI recovered evidence from Akram’s phone linking Williams to Akram around January 11, 2022, and 

that, during a post-Miranda interview, Williams admitted (i) he sold Akram the gun used in the terrorist act and (ii) 

Williams is a convicted felon and knew he was prohibited from possessing a firearm. The government’s witness further 

testified that Williams likely destroyed other evidence related to the pending charge as a significant amount of data from 

the relevant time period had been deleted from Williams’s phone. Williams told investigating agents he believes he could 

go to prison for 25 years if he is convicted of possessing a firearm. Williams’s criminal history includes a felony 

conviction for aggravated assault with a deadly weapon and several felony drug convictions. In 2011, he was sentenced to 

probation for a drug offense, but his probation was revoked less than one year later because he committed a new offense. 

Williams self-reported that he spent a significant amount of the time he was incarcerated in isolation because he regularly 

engaged in physical altercations with correctional staff and other inmates. Although Williams’s common law wife 

testified at the hearing and volunteered to let Williams live with her and her 13-year-old son if he is released, the Court 

finds she is not a suitable third-party custodian. Williams’s witness testified that their relationship has been “on and off” 

and “he doesn’t listen to her.” Williams also uses marijuana on a daily basis and appears to have no legitimate 

employment. The government’s witness testified that Williams admitted he earns money fencing stolen goods and that he 

has brokered 10 to 15 other sales of stolen guns in the past.

Part IV - Directions Regarding Detention

The defendant is remanded to the custody of the Attorney General or to the Attorney General’s designated representative 

for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or 

being held in custody pending appeal. The defendant must be afforded a reasonable opportunity for private consultation 

with defense counsel. On order of a court of the United States or on request of an attorney for the Government, the 

person in charge of the corrections facility must deliver the defendant to a United States Marshal for the purpose of an 

appearance in connection with a court proceeding. 

Date: 02/16/2022

United States Magistrate Judge

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