There will be a hearing on Friday 9/26 in the case of 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. Chan, who has been incarcerated since his arrest in June, was turned down earlier this month after filing a motion to be released.
Chan filed a new motion to revoke the order keeping him detained on 9/17 before The United States District Court of Florida, Middle Division of Florida, Tampa Division. The motion argues, "The Government failed to show that Mr. Chan is a serious risk of flight or that no combination of conditions of release could “reasonably assure” his appearance as required, and the magistrate judge erred in considering the danger to the safety of the victim posed by his release."
Chan attorney's argue in the motion that he lawfully entered the United States, has no criminal record, no failures to appear in court and no history of drug or alcohol abuse. They also argue that since his home in Canada, he has no incentive to skip out in future hearings, even if he is deported since that's where he would return home anyway. Chan's attorneys are claiming that the prosecution has to prove Chan is a serious flight risk, but have not done so, so he should be released.
They are also claiming that the charges against Chan are not of a violent nature, not related to terrorism, would not be considered a sex crime, and is not drug/weapon-related. They are arguing that there is nothing related to the charge against him that indicated Chan would flee to avoid prosecution.
They are also arguing before the court that Government’s case against Chan is weak. They cite that Mr. Chan suffers from a delusional disorder, sincerely (though mistakenly) believing he had a friendly relationship with Liv Morgan. They are arguing that to convict, the Government must prove Chan intended to harass or intimidate, but that his delusions would undermine that theory of intent. They are arguing the weakness of the evidence gives Mr. Chan every reason to appear and contest the charge rather than flee. They are also arguing that Chan's mental illness is "treatable" and that the Court could impose treatment as part of his condition of release and could also rule Chan must use a location-monitoring device and he issued a stay-away order to maintain Morgan's safety.
Previously, the court sided with the Prosecution, ruling that Chan should be held through trial, which is expected to take place sometime this November. The Court specifically noted, "Salvation Army, which a voluntary adult rehabilitation program, is allowing the defendant to stay there. This is not a significant change in circumstances." It was noted in the court ruling that Chan, "had undergone a psychological evaluation which determined that he has a delusional disorder and has a delusion regarding the victim. Under these circumstances, this is even further reason to detain the defendant."
Chan flew from Scarborough, Ontario to Orlando, Florida on 5/26 (the same day he was issued a passport), 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 left a note at Morgan's home, containing his name, address in Canada and his phone number, which 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.
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