Free Probation Petition re Revocation of Supervised Release - District Court of Delaware - Delaware

Case 1 :98-cr-00049-JJF Document 30 Filed 10/28/2005 Page 1 of 3
The PROB I2
. (Rev. 2/94)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
vs. ) Criminal Action No. I:98CR00049-001 JJF
)
Walik Hasan Johnson, )
)
Defendant. )
Petition on Probation and Supervised Release
COMES NOW {rang Eumkggbg PROBATION OFFICER OF THE COURT presenting an official report upon
the conduct and attitude of Wall; Eagan Johnson who was placed on supervision by the Honorable
QE sitting in the court at Wilmington, Qglawag on the 3rd day of Aug3,;s_t_l999,who fixed the period of supervision at
three years, and imposed the general terms and conditions theretofore adopted by the court and also imposed special
conditions and terms as follows:
Pay $I00.00 special assessment; Defendant shall participate in a drug aftercare treatment program, which may include
urine testing, at the direction and discretion of the probation officer; and, defendant shall participate in a program of
educational/vocational training at the discretion of the probation officer.
Special conditions imposed by the Court on September I3, 2005: The defendant shall obtain verifiable employment by
Wednesday, September 2 I , 2005; Defendant shall adhere to 8:00 p.m. to 6:00 a.m. curfew; and, should the defendant
not follow these directives, or should he violate any other terms of his supervised release, a revocation hearing will be =
held in this matter. ,
RESPECT FULLY PRESENTING PETITION FOR ACTION OF COURT AND FOR CAUSE AS FOLLOWS:
(If short insert here; if lengthy write on separate sheet and attach)
Above probation officer has reason to believe that Walik Hasan Johnson has violated the terms and conditions of his _:
supervised release under such circumstances that may warrant revocation of his supervised release. These conditions
are: I
TANDARD ITI #2: "You shall report to the probation officer as directed by the Court or probation
officer, and shall submit a truthful and complete written report within the first five days of each month." Q
EVIDEECE: During an office visit on October 4, 2005, the defendant received verbal and written notification [
scheduling his next office visit for Friday, October 2I, 2005, at 8:30 a.m. The defendant failed to appear for that `
appointment as required. The defendant telephoned the probation officer on October 24, 2005, and informed that he
failed to appear for the appointment scheduled on October 2I because he overslept.
EVIDENQQE: During a telephone conversation with the defendant that occurred on October 24, 2005, the defendant
was scheduled for an appointment on October 27, 2005, at 2:00 p.m. The defendant failed to appear for this appointment
and the defendant failed to contact the probation officer regarding this appointment. .
i
STANQAEQ QQNQI] IQN #5; “You shall work regularly at a lawful occupation unless excused by the probation -
officer schooling, training or other acceptable reasons." l
EVIDENQE: During an office that occurred on October 4, 2005, the defendant informed that he appeared for an
employment interview earlier that day at Thriftway (Great Value) Supennarket and was hired as a full time assistant in _

Case 1 :98-cr-00049-JJF Document 30 Filed 10/28/2005 Page 2 of 3
the meat department and that the employment would commence on October 5, 2005, at 10:00 a.m. On October 1 1, 2005,
` the defendant telephoned the probation officer and informed that he commenced his employment at Thriftway (Great
Value) Supermarket and stated that his employment schedule was Monday through Thursday, 4:00 p.m. to 10:00 p.m.
On October 19, 2005, the probation officer conducted an employment visit to Thriliway (Great Value) and met with the
meat department assistant manager, Michael Gallagher. Mr. Gallagher stated that the defendant was not employed in
the meat department. Mr. Gallagher suggested that the probation officer contact the meat department manager, Joe
Galloway, to further discuss the defendant’s employment status. On October 21, 2005, the probation officer established
telephone contact with meat department manager, Joe Galloway. Mr. Galloway informed that the defendant was
terminated on October 1 1, 2005. The cause for termination was described as the defendant being late to arrive for work
on two occasions, the defendant leaving work at 5:00 p.m. (during scheduled shift without authorization) and defendant
failing to appear for scheduled employment days.
§TANDAR[Q QQNQQITLQN #§: "You shall notify the probation officer ten days prior to any change of residence or
employment?
EVIQENQE: During an office visit on October 4, 2005, the defendant informed that he was hired by Thriftway (Great
Value) and that he would commence his employment on October 5, 2005. The defendant telephoned the probation
officer on October 11, 2005 and stated that he had commenced his employment with Thriftway (Great Value). During
a telephone conversation with Thriftway (Great Value) meat department manager, Joe Galloway, on October 21, the
probation officer was inf`ormed that the defendant was temiinated from this employment. The defendant did not report
any change in employment. During a telephone call with the defendant on October 24, 2005, the defendant related that
he continues to be employed with Thriltway (Great Value).
EVQQENQE: During a telephone conversation with the defendant on October l l, 2005, the defendant related that he
could not continue to reside with his mother at her residence and he noted that he was seeking an alternative residence.
The defendant agreed to telephone the probation officer on October 13, 2005, to report any residence and telephone
changes. The defendant failed to contact the probation officer as agreed. The defendant established telephone contact
with the probation officer on October 17, 2005, however, the defendant failed to report any address or telephone changes.
On October 24, 2005, the defendant telephoned the probation officer and reported that he had relocated to a new address.
The defendant, however, could not provide the residence infomation because he could not recollect the complete
address. The defendant was directed to provide his specific residence and telephone information to the probation officer
during his appointment scheduled for October 27, 2005. The defendant failed to appear for that appointment and failed
to provide the required residence and telephone infomation.
§PEQlAL QQM!] 1 QQN: “The defendant shall participate in a drug aftercare treatment program, which may include g
urine testing at the direction and discretion ofthe probation officer." `
EVIDE§Q§Q: The defendant failed to appear for group counseling session at SODAT on October 21, 2005.
EVIQQEQIQ QE; The defendant failed to appear for individual counseling session at SODAT on October 24, 2005.
QVIDENQQ: The defendant failed to appear for random urine test at SODAT on October 24, 2005.
QPEQAL QQNQITIQN: "The defendant shall adhere to an 8:00 p.m. to 6:00 a.m. curfew."
EVIDEQQQE; Telephone curfew checks were attempted on October 2l, 2005 (9:00 p.m.), October 22, 2005 (9:50 p.m.) \
and October 23, 2005 (9:00 p.m.). There was no response received to any ofthe noted curfew c-hecks. Subsequent .
curfew checks could not be completed due to the defendant’s failure to provide required address and telephone p
information as directed and required.
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Case 1 :98-cr-00049-JJF Document 30 Filed 10/28/2005 Page 3 of 3
PRAYING THAT THE COURT WILL ORDER that a warrant be issued for Walik Hasan Johnson and that he appear
` before the Court for a Revocation Hearing to determine if he is in violation of the conditions of his supervised release.
ORDER OF COURT I declare under penalty of perjury the oregoing is
i true and correc I
Considered and ordered this day oI`_ F"` ’
,lA··¤M~»9~°»20,os. hl, .
-_ _ U.S. Probati n Ofticer
- I ‘ pllxf
U.S. DISIIICS Judge ' ¤ Place W!`Im]'nglgn Hglgwgrg
C Date Qctgbg; 23, ZQQQ
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