Free Order Modifying Conditions of Supervision - District Court of Colorado - Colorado

Case 1:00-cr-00526-WDM
PROB 12M (10/01-D/CO)

Document 445

Filed 06/03/2008

Page 1 of 3

UNITED STATES DISTRICT COURT
for DISTRICT OF COLORADO

U. S. A. vs. DOMINICK SWABACKER

Docket No. 00-cr-00526-WDM-08

Petition for Modification of Conditions of Supervised Release COMES NOW, Thomas Meyer, PROBATION OFFICER OF THE COURT, presenting an official report upon the conduct and attitude of Dominick Swabacker who was placed on supervision by the Honorable Walker D. Miller sitting in the court at Denver, Colorado, on the 6th day of November, 2003, who fixed the period of supervision at five (5) years, commencing September 12, 2007, and imposed the general terms and conditions theretofore adopted by the court and also imposed special conditions and terms as follows: 1. The defendant shall participate in a program of testing and treatment for drug abuse, as directed by the probation officer, until he is released from the program by the probation officer. The defendant shall abstain from the use of alcohol or other intoxicants during the course of treatment and shall pay the cost of treatment as directed by the probation officer.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: Petitioner states there is probable cause to believe that the Defendant has violated a condition of his supervised release as more particularly described in the attachment which is incorporated by reference. I state under penalty of perjury that the foregoing matters are true and correct to the best of my knowledge and belief. Executed this 14th day of May, 2008. s/Thomas Meyer Thomas Meyer, Probation Officer ORDER OF THE COURT Based upon the foregoing, I find probable cause exists to believe the Defendant has violated a condition of his supervised release. I order that the defendant's conditions of supervised release are modified to include a special condition requiring that: 2) The defendant shall reside in a Residential Reentry Center for a period of up to 180 days, to commence as directed by the probation officer, and shall observe the rules of that facility. Dated this 3rd day of June, 2008.

s/ Walker D. Miller
WALKER D. MILLER, Senior United States District Judge

Case 1:00-cr-00526-WDM

Document 445

Filed 06/03/2008

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ATTACHMENT On September 14, 2007, the conditions of supervised release were read and explained to the defendant. On that date, he acknowledged in writing that the conditions had been read to him, that he fully understood the conditions, and that he was provided a copy of them. The term of supervised release commenced on September 12, 2007. The Probation Office is seeking to modify the defendant's conditions of supervised release in response to numerous violations of his conditions of supervision. Specifically, the defendant has failed to: attend his initial drug abuse evaluation on two occasions, attend drug treatment on one occasion, provide urine specimens on three occasions, and maintain gainful employment. Furthermore, he has indicated having used marijuana three times, purchasing the drug twice, and consuming alcohol on four occasions. Moreover, the defendant has provided six urine specimens that reflected abnormally low creatinine levels, often times an indicator of a defendant "flushing" one's body system with fluids to conceal the presence of illegal drugs in the body. The defendant failed to report to the Probation Office as instructed on three occasions. Finally, the defendant has been charged with felony Criminal Mischief in Adams County Court. On September 24, 2007, the defendant arrived twenty minutes late to his initial drug treatment evaluation with Correctional Management Incorporated (CMI) which then had to be rescheduled for October 16, 2007. The defendant failed to attend that intake evaluation session as well and it again had to be rescheduled. The defendant provided abnormal urine specimens on the following dates: September 14, 2007, October 19, 2007, January 23, 2008, January 27, 2008, February 1, 2008, and March 6, 2008. The defendant failed to provide urine specimens at CMI on the following dates: October 27, 2007, February 10, 2008, and April 7, 2008. The defendant failed to attend a drug treatment counseling session on February 20, 2008. The defendant reported having used marijuana on or around December 20, 2007, January 20, 2008, and February 13, 2008. He also purchased the drug on two of the three occasions. The defendant also stated he has consumed alcohol on approximately four occasions since commencement of supervised release, despite the fact that he is prohibited from consuming alcohol while in drug treatment. The defendant was involuntarily terminated from his employment with Rails Plus, Incorporated (RPI), where he worked as a laborer, on October 12, 2007, due to attendance issues that included his failure to report to work on September 10, 2007, September 23, 2007, October 8, 2007, and October 11, 2007. He has since failed to work regularly. The defendant was arrested and charged with felony Criminal Mischief by the Adams County, Colorado, Sheriff's Department on March 28, 2008. The defendant reported that he had been driving his vehicle with a female friend when he noted another vehicle following them and that

Case 1:00-cr-00526-WDM

Document 445

Filed 06/03/2008

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someone from that vehicle threw two bottles at his vehicle. The two vehicles collided and he stated that the other driver then fled. According to the police report, Adams County Sheriff's deputies were dispatched in regards to an alleged felony menacing and hit and run incident that occurred on March 28, 2008. The victim stated that he had argued with the defendant in the parking lot of a bar and that the defendant told the victim that the defendant had a gun in his vehicle although no firearm was seen by the victim nor recovered by police. The victim told police that he drove out of the parking lot with the defendant following him and that the defendant rammed his vehicle into the victim's car. The victim fled to a convenience store and called police. The defendant was subsequently stopped by police and the victim identified him as the suspect in the above incident. This case remains pending. The defendant failed to report to the Probation Office on the following dates: April 29, 2008, May 2, 2008, and May 5, 2008. In response to the above violations of supervised release, I am seeking a modification of the defendant's conditions of supervised release to result in his placement into the Independence House Residential Reentry Center for a period of up to six months. On May 5, 2008, the defendant and his attorney executed a form entitled "Waiver of Hearing to Modify Conditions of Probation/Supervised Release or Extend Term of Supervision" which waives the right to a hearing and agrees to the proposed modification of the conditions of supervised release. Assistant United States Attorney Gregory Rhodes has been consulted and has no objection to the proposed modification.