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Ahead of this Friday's hearing regarding whether 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, should be released from incarceration ahead of his expected trial this November, prosecutors filed an official response to Chan's latest motion attempting to be freed.
Much of the information covers what has already been stated previously, noting that Chan, based on security footage, "snuck" onto Liv Morgan's property from the South, walked around it twice and attempted to open both a front and side door, sought to find a key under the doormat and even retrieved an air rifle on the property while spending nearly two hours outside on the property. They argued that the Judge previously "correctly determined"he that their evidence "concerning Chan’s mental health, his lack of ties to the community, his lack of employment, his foreign connections, and his status as a Canadian national meant that he posed a serious risk of flight "
Noting that Chan is facing a sentencing guideline of 10-16 months imprisonment if he is convicted and that "Upon conviction, Chan will be imprisoned for several months and will be precluded from returning to the United States. If on the other hand, Chan flees to Canada—where Chan lives, works, and has family—he could avoid prison altogether. Put simply, Chan has the instinctive to flee and the ability to do so."
The filing noted that as a result of Chan's conduct at her home, Liv Morgan required a police escort to her home, no longer allows fan mail in her home and "is extremely concerned by the fact that Chan was able to find where she lived and make an unwelcomed and terrifying visit. "
The prosecution is also arguing that the visa Chan traveled to The United States on does not allow him to work and when it expires in December, he will have no legal status or permission to be in the United States. "At that point," it was argued. "Chan would unlawfully be in the United States and will be subject to deportation proceedings. Chan’s lack of any connection, much less a meaningful one, to the Middle District of Florida warrants detention."
They also argued that since Chan initially claimed he had no mental issues but has since been evaluated and determined to suffer from a "delusional disorder", his "serious mental heath concerns" mean he is a serious risk of flight.
Noting that Chan's attorneys have secured him a bed at a local Salvation Army, prosecutors argued that was a voluntary program with no real repressions for failing to abide by the rules, he could easily visit Morgan's home again if he chose to do so. They argued, "Chan’s disregard for [Morgan's] safety and concerning belief that his conduct was somehow welcomed should give the Court no confidence that he would comply in
good faith with any prohibitions imposed on him—particularly around [Morgan.] There are simply no conditions of release that can assure Chan’s appearance or the safety of the community."
Chan, who has been incarcerated since his arrest in June, previously had an attempt to be released from incarceration turned down.
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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