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LAS VEGAS (KSNV) — On Monday afternoon, federal Magistrate Elayna Youchah ruled that the suspect accused of shooting and firebombing several Tesla vehicles in the southwest valley will not be released from custody ahead of his pretrial hearing.
Paul Kim, 36, is accused of the attack that happened at the Tesla Collision Center around 3 a.m. on March 18.
After a thorough investigation involving 250 personnel and 13 agencies, Kim was arrested on Wednesday.
License plate detection, DNA, and other tactics were used to lead authorities to Kim.
He has been charged with state and federal charges.
Youchah questioned Kim's mother Monday about her relationship with her son, and he stated he would be living with her in Seattle, along with her husband and Kim's two siblings.
Youchah was deciding whether to release Kim to stay with his mother as his third-party custodian until his pretrial hearing.
Kim's mother would have been required to contact pretrial services if Kim violated his release through using drugs, drinking, or possession of a firearm.
His mother mentioned that Kim's father has a firearm, but it's kept at the business where he works.
She said there are no firearms in her home.
Prosecutor Jacob Operskalski argued during the detention hearing that Kim does not have a strong relationship with his mother, a concern if she becomes his third-party custodian.
Operskalski also shared concerns over Kim's mental state, saying that the government found a note that included suicidal thoughts and that Kim had attempted suicide eight years ago with a firearm.
Operskalski argued Kim is a "significant danger and a flight risk" and said his spray painting of the word "Resist" at the Tesla service center could mean resisting law enforcement.
Kim's attorney, Michael Becker of the Las Vegas Defense Group, on the other hand, said that the presence of his mother and father in court after traveling from Washington state is a testament to their bond.
He also said there are assurances to make sure Kim is not a flight risk, including that Kim's passport was taken away.
The defense said Kim's message with spray painting "Resist" did not have to do with resisting law enforcement and said it's vastly different than a bomb that went off at Trump Tower.
After a 20-minute recess, Magistrate Youchah said that while Kim does not have a criminal history or believed issues with alcoholism or drugs, she does believe that from his actions, there are no conditions that "would reasonably assure the safety of the community."
U.S. Attorney General Pam Bondi said in a statement last week: "The Department of Justice has been clear: anyone who participates in the wave of domestic terrorism targeting Tesla properties will suffer severe legal consequences," following several attacks at Tesla locations, including in Las Vegas nearly two weeks ago.
Attorney Nicholas Wooldridge explains what's considered domestic terrorism.
"You're trying to intimidate or coerce a civilian population," said attorney Nicholas Wooldridge of Wooldridge Law. "So there, what would they would be arguing is, basically, what's happening here is you have Elon Musk, who's the head of Doge and is involved in the government. And what, what they would argue is, the government would argue is that these, these perpetrators, these people that are committing these predicate offenses of arson, are attempting to intimidate or coerce the civilian population not to buy Tesla products."
Kim has been charged federally for his Las Vegas incident, but none of those charges include "domestic terrorism." The sentencing judge can decide to incorporate stricter punishments.
"There is what is called a terrorism enhancement under the federal sentencing guidelines, which does quite a bit, because what it does is it adds 12 levels to the sentencing guidelines. That's a lot when you look at the guidelines, especially as you get up, up in those numbers, right? They can get pretty big," said Wooldridge.
When it comes to state charges, Nevada does have the "domestic terrorism offense."
Kim also doesn't have that included in his state charges.
Kim's pretrial hearing is scheduled for April 10, and he will remain in the U.S. Marshall's custody until then.
News Source : https://wfxl.com/news/nation-world/judge-orders-las-vegas-tesla-center-fire-suspect-to-remain-jailed-until-april
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