Case 1:24-cr-00007-HYJ ECF No. 15, PageID.
37 Filed 02/06/24 Page 1 of 9
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
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UNITED STATES OF AMERICA,
No. 1:24-cr-7
Plaintiff,
v.
Hon. HALA Y. JARBOU
Chief U.S. District Judge
RICHARD ANTHONY REYNA DENSMORE
(a/k/a “Rabid”),
Defendant.
_________________________________/
EMERGENCY MOTION FOR REVOCATION OF ORDER OF RELEASE
Defendant organized and ran an online forum for users to create, distribute,
and stream child pornography featuring self-harm. Investigators found images on
Defendant’s cell phone depicting a child with Defendant’s username, “Rabid,” written
on her forehead and a girl cutting the letter “R” into her legs.
Despite the substantial danger that Defendant poses to the community and
the presumption in favor of detention, Defendant was released on bond. The United
States moves this Court to conduct a de novo review of the order to release entered
by United States Magistrate Judge Ray Kent and revoke that order pursuant to 18
U.S.C. § 3145(a)(1).
Indictment & Arrest
1. On January 23, 2024, the Grand Jury returned an indictment charging
Defendant with (1) Sexual Exploitation of a Child, in violation of 18 U.S.C. § 2251(a)
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and (e); (2) Conspiracy to Sexually Exploit a Child, in violation of 18 U.S.C. § 2251(a)
and (e); (3) Coercion and Enticement, in violation of 18 U.S.C. § 2422(b); (4)
Possession of Child Pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B) and (b)(2);
and (5) Possession of Child Pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B)
and (b)(2). (ECF No. 1.)
2. Count 1 alleges that Defendant “directed another user on Discord, an
internet application, to have [a minor child] take a picture or video exposing her
genitals or pubic area.” (PageID.1.) The minor did so and Defendant received the
video via the internet. (Id.)
3. On January 31, 2024, law enforcement arrested Defendant and he made
his initial appearance in this Court. (PageID.18.) He was ordered temporarily
detained on the government’s motion. (Id.)
4. This presumption of detention applies when a judicial officer finds that
there is probable cause to believe that the person committed a violation of 18 U.S.C.
§ 2251(a) and 2522. “A grand jury indictment, by itself, establishes probable cause
to believe that a defendant committed the crime with which he is charged” for
purposes of triggering the presumption. United States v. Stone, 608 F.3d 939, 945
(6th Cir. 2010).
5. Accordingly, “[s]ubject to rebuttal by the person, it shall be presumed
that no condition or combination of conditions will reasonably assure the appearance
of the person as required and the safety of the community[.]” 18 U.S.C. §
3142(e)(3)(E).
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Pretrial Services Report
6. U.S. Probation prepared a pretrial services report (“PTSR”)
documenting several facts and circumstances relevant to detention.
7. At the time of his arrest, Defendant possessed a firearm in his home.
(PageID.26.)1 Defendant also has a crossbow in his home that was not confiscated.
(Id.)
8. There is at least one internet enabled device in Defendant’s home, a
Nintendo Switch. (PageID.26.)
9. Probation documented Defendant having only one job after leaving the
military, which he started in August 2023. (PageID.26.)
10. Defendant reported that he has used marijuana for more than 30 years,
and, before arrest, did so on a weekly basis. (PageID.27.) He also drinks alcohol
monthly. (Id.)
11. The report documented Defendant’s extensive mental health history.
(PageID.27.) Defendant “was formally diagnosed with schizophrenia and borderline
personality disorder during his time in the military.” (Id.) He also “believes he
suffers from manic depression but has not been formally diagnosed.” (Id.)
Defendant was previously prescribed medication to treat his ongoing mental health
issues, but had “suicidal feelings.” (Id.) He attempted suicide on at least one
occasion. (Id.) He is currently unmedicated. (Id.)
1 The PTSR inaccurately suggested that police seized the gun from the home. The
government corrected this at the detention hearing and proffered that the rifle, with
ammunition, was still there.
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12. Defendant admitted that he had previously been convicted of a crime
under the Holmes Youthful Trainee Act (“HYTA”) but refused to answer any
questions about the nature of the offense. (PageID.28.) Probation has not yet been
able to find further information. (Id.)
13. Probation recommended the Defendant be released on home detention
pending trial, but acknowledged that was “separate from” the presumption of
detention and the evidence of the charged offense, which the Court characterized as
“fairly heavy.” (PageID.28.)
Detention Hearing
14. On February 5, 2024, Magistrate Judge Ray Kent heard the
government’s motion for detention. The government presented testimony regarding
the following.
15. The Federal Bureau of Investigation (“FBI”) National Threat
Operations Center (“NTOC”) received complaints in August 2022 that a Discord user,
“Rabid,” was grooming minors to create child pornography and engage in self-harm.
16. Investigators identified “Rabid” as Defendant.
a. Police received a video from a minor victim that showed “Rabid,”
on the left below. The image on the right is a Secretary of State photo of
Defendant.
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b. Investigators executed a search warrant at Defendant’s home and
seized a piece of paper with the word, “Rabid,” as well as hard copies of
documents that Rabid provided to other users.
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c. A minor victim reported to investigators that she met Rabid on
Discord in or around August 2022. She was 15 years old at the time and told
Rabid that she was a minor. The girl knew that Rabid’s first name was
“Richard.” Rabid told her that he created a Discord server or chat room called
“Sewer.” The primary purpose of Sewer was to stream child pornography and
self-harm content. Rabid told the girl to solicit people to stream content on
Sewer. The girl streamed a video of herself on Sewer in which she inserted
an ice cube into her vagina. Investigators found a copy of this video on
Defendant’s cell phone when they seized it in February 2023.
17. Densmore’s cell phone also contained material relating to 764, a group
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with which Densmore claimed affiliation. 764 is a group dedicated to obtaining and
sharing self-harm content and child pornography. The following information comes
from an FBI public service announcement and was admitted at the detention hearing:
(Gov’t Det Ex. 6.)
18. Investigators executed a second search warrant at Defendant’s home in
January 2024 and found two cell phones hidden in an air vent in Defendant’s
bedroom. Those phones have not yet been fully extracted or analyzed. However, an
initial partial review yielded additional material that is consistent with the 764
group. Additionally, investigators found images on one of the phones that include a
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girl with “Rabid” written on her forehead, and cutting (pictures of lines cut into a
girl’s legs and the letter “R,” bleeding, cut into a woman’s chest).2
19. The HYTA conviction that Defendant refused to discuss was from 1997
and for criminal sexual conduct.
20. The government argued that Defendant demonstrated violent
proclivities, including interests in child pornography and having people cut
themselves, that are exacerbated by the fact that he keeps guns, ammunition, and
other weapons in his house.
21. At the conclusion of the hearing, United States Magistrate Judge Ray
Kent indicated that he intended to deny the government’s motion for detention, in
part relying on the fact that there were no allegations that Defendant was a “hands
on” offender. This, however, ignores the immeasurable harm that he can inflict, and
has inflicted, over the internet. Probation cannot assure that Defendant does not
use the internet. At best, an officer could seize a device after the fact if Probation
discovers the violation. It is notable that even after law enforcement searched
Defendant’s home in February 2023, and Defendant was therefore aware that he was
being investigated, he still got new devices and used them to possess self-harm and
“Rabid” imagery, which was discovered in the January 2024 search.
22. As indicated above, there is a rebuttable presumption in this case that
“no condition or combination of conditions will reasonably assure the appearance of
the person as required and the safety of the community.” 18 U.S.C. § 3142(e)(3)(E).
2 These images were admitted as Exhibit 5 at the detention hearing.
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In ruling, the Court did not make specific factual findings, and did not state how
Defendant rebutted this statutory presumption of detention.
23. The United States has ordered an expedited transcript of the detention
hearing.
24. “If a person is ordered released by a magistrate judge . . . the attorney
for the Government may file, with the court having original jurisdiction over the
offense, a motion for revocation of the order.” 18 U.S.C. § 3145(a)(1). The Court
applies a de novo standard of review. See United States v. Hernandez, No. 1:21-mj-
551-RSK-HYJ (R.95, PageID.329) (W.D. Mich. Nov. 16, 2021); United States v.
Martinez, No. 1:12-cr-210, 2012 WL 4815018 (W.D. Mich. Oct. 10, 2012); United
States v. Williams, 948 F. Supp. 692, 693 (E.D. Mich. 1996); United States v. Franks,
No. 1:20-mj-416, 2020 WL 8615366, at *1 (W.D. Mich. Nov. 19, 2020).
25. Therefore, the government respectfully requests that the Court exercise
its authority under 18 U.S.C. § 3145 by conducting a de novo review of the PTSR and
the evidence presented at the detention hearing and reversing the magistrate judge’s
release order and detain Defendant pending trial.
Respectfully submitted,
MARK A. TOTTEN
United States Attorney
Dated: February 6, 2024 /s/ Adam Townshend
ADAM TOWNSHEND
Assistant United States Attorney
P.O. Box 208
Grand Rapids, Michigan 49506
(616) 456-2404
