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The United States government filed a motion yesterday, attempting to prevent Shawn Chan, the Canadian man charged with one count of interstate domestic violence against WWE star Liv Morgan after traveling to The United States and spending hours loitering at her property in Florida, from being released from incarceration before his trial, which is expected to be this November.
As PWInsider.com reported earlier this week, Chan filed a motion on 8/20 asking the court to reconsider that he is being held without bail through the trial. The 8/20 filing stated that his attorneys have secured a salvation army location that Chan can reside in until the trial takes place.
In a motion yesterday, prosecutors noted, "The Defendant, Shawn Chan, is a danger to the community, a serious risk of flight, and there are no conditions of release that will reasonably assure Chan’s appearance at further proceedings of this case. The United States requests that Chan remain detained pending trial."
They also argued that his defense having secured Chan a bed at the local Salvation Army does not meet the legal requirement for Chan to have his incarceration status reconsidered, arguing, "The fact that counsel has secured a bed for Chan at the Salvation Army does not have a material bearing on the issue of whether there are conditions of release that will reasonably assure his future appearance and the safety of other persons and the community. As explained in more detail below, the nature and circumstances of Chan’s offense, the weight of the evidence against him, and Chan’s history and characteristics justify detention. The newly proffered information does not have a material bearing on the issue of whether there are conditions of release that will reasonably assure Chan’s appearance at future court proceedings and the safety of other persons and the community—including [Liv Morgan].
They also argued that should Chan be set free through trial, not only is there nothing holding him from being a flight risk, but he could easily attempt to visit Morgan's home again. "The nature and circumstances of the crime charged weighs in favor of detention."
It was also revealed in the filing when Chan left a note at Morgan's home, he left his name, address in Canada and his phone number.
The government also argued, "Chan’s history and characteristics also demonstrate that he is a very real risk of non-appearance. To begin, Chan is a Canadian citizen who, as explained above, was only in the Middle District of Florida to intimidate and stalk [Morgan]. He has no reported family in the Middle District of Florida. He does not have a job in the Middle District of Florida, nor does he have any authorization to work in the United States. In fact, Chan has no obvious ties to this country at all. Instead, his only contacts appear to be in Canada—where he could easily flee if released. What’s more, at the initial detention hearing, Chan reported having no mental health problems. Since then, however, Chan’s counsel has indicated that Chan is being evaluated for competency. Given Chan’s lack of ties to the community and these serious mental health concerns, there is no condition or combination of conditions that can reasonably assure Chan’s appearance at trial."
As PWInsider.com reported earlier this week, Chan had previously signed a Waiver of Speedy Trial in order, according to court records, to "allow adequate time to conduct a psychiatric evaluation of the defendant."
Chan flew from Scarborough, Ontario to Orlando, Florida on 5/26, telling customs agents in Florida that he would be staying at the WWE Performance Center - which has no housing facilities. Four days later, according to the criminal complaint against him, Chan traveled several hours to Liv Morgan's home, circled her property several times and entered through her backyard. He then attempted to gain entry to her front door but was unsuccessful. He found and held an air pellet that was sitting inside her front porch and after waiting several hours, left a note and departed.
According to the criminal complaint against him, Chan's note read, in part, "It's me Shawn the guy you all hang out with on [gaming platform deleted] online. You've been trying to contact me, or should I say reach out to me when I'm absent from that game. So who's the stalker huh?! I NEVER said and did anything bad for over 10 years, yet you all dared hating me for no reason. I came here to pay just a friendly visit, nothing more. Yet, I'm the one who looks like a stalker thx to all of you. And you all think I'm going to have empathy, sympathy and care about any of you anymore? I will start talking and doing whatever I want despite all your shoosh finger faces that you all make. Yea, I just wanted to let you know that I was here."
Chan was arrested by the FBI on 6/3 after WWE security, having seen security footage from Morgan's home, recognized him and alerted authorities. Chan was indicted on 6/25 and faces five years imprisonment.
The Court has yet to rule on Chan's request to be released. As of this writing, Chan remains incarcerated in Hernando County, Florida.
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