Free Sealed Document - District Court of Colorado - Colorado

Case 1:01-cr-00053-LTB

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Filed 03/29/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. RONALD JAMES FISHER, JR. Docket Number: 01-cr-00053-LTB-01

Petition for Issuance of Arrest Warrant Due to Violation of Supervised Release COMES NOW, Thomas Meyer, probation officer of the court, presenting an official report upon the conduct and attitude of Ronald James Fisher, Jr. who was placed on supervision by the Honorable Lewis T. Babcock sitting in the court at Denver, Colorado, on the 23rd day of October, 2001, who fixed the period of supervision at three (3) years, 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 such time as the defendant 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. The defendant will be required to pay the cost of treatment as directed by the probation officer.

On September 21, 2006, the following special conditions were added: 2. The defendant shall participate in a program of testing and treatment for alcohol abuse, as directed by the probation officer, until such time as the defendant is released from the program by the probation officer. The defendant shall abstain from the use of alcohol or other intoxicants both during and after the course of treatment. The defendant will be required to pay the cost of the treatment as directed by the probation officer. The defendant shall undergo an evaluation and ingest monitored Antabuse, if not medically contraindicated, until his period of supervision expires, or as directed by the probation officer. The defendant will be required to pay the costs of the evaluation and Antabuse, as directed by the probation officer. The defendant shall reside in a Residential Re-entry Center for a period of up to 120 days to commence as directed by the probation officer, and shall observe the rules of that facility.
(If short insert here: if lengthy write on separate sheet and attach)

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RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: See attachment hereto and herein incorporated by reference. PRAYING THAT THE COURT WILL ORDER the issuance of a warrant for violations of supervised release and that the petition and warrant be sealed until the arrest of the defendant. ORDER OF THE COURT Considered and ordered this 29th day of March, 2007, and ordered filed under seal and made a part of the record in the above case. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. s/Thomas Meyer Thomas Meyer Senior U.S. Probation Officer s/Lewis T. Babcock Lewis T. Babcock Chief U.S. District Judge Place: Denver, Colorado Date: March 27, 2007

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ATTACHMENT On June 21, 2005, and December 1, 2005, the conditions of supervised release were read and explained to the defendant. On those dates, 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 June 17, 2005. The defendant has committed the following violations of supervised release: 1. FAILURE TO PARTICIPATE IN SUBSTANCE ABUSE TREATMENT AS DIRECTED BY THE PROBATION OFFICER:

The defendant failed to keep counseling appointment at Addiction Research and Treatment Services (ARTS), the testing and treatment program in which the probation officer had directed him to participate, on August 12, 2005, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On August 12, 2005, I received notification from ARTS that the defendant failed to attend his scheduled individual counseling appointment on that same date at 2:00 p.m. The defendant called the morning of the appointment and stated that he was ill and unable to attend the counseling session. 2. FAILURE TO REPORT ARREST/QUESTIONING BY LAW ENFORCEMENT OFFICER:

On or about November 15, 2005, the defendant was contacted by an officer of the Denver, Colorado, Police Department, and failed to report the contact to the probation officer within 72 hours, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On November 29, 2005, while conducting a home contact with the defendant, Supervising U.S. Probation Officer (SUSPO) Vaccaro and myself noted a Denver Police Department summons lying on the kitchen countertop. According to the document, summons number GD771935 was issued to the defendant on November 15, 2005, for Urinating in Public. The defendant informed us that he had gone to a recreation center and while visiting with someone there, had urinated on the side of the building which was observed by a police officer. The defendant was then issued the summons and he stated that his court date was scheduled for January 18, 2005. The defendant was admonished for his failure to report the law enforcement contact to the probation officer within 72 hours. He subsequently reported that he was fined $80 for this offense. 3. USE OF ALCOHOL:

From June 2005, through November 2005, the defendant used alcohol, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On November 29, 2005, while conducting a home contact with the defendant, he informed SUSPO Vaccaro and myself that he had been consuming alcohol two or three times per week since the onset of supervised release. The defendant was admonished and instructed to immediately cease the consumption of alcohol in any quantity as his conditions of supervision prohibit the consumption of alcohol as long as the defendant is in drug treatment. I had previously placed the defendant into drug treatment with ARTS on June 21, 2005. On December 1, 2005, the defendant and I reviewed his conditions of supervision for the second time in response to his admitted consumption of alcohol and his failure to report law enforcement contacts to the probation officer within 72 hours. The defendant stated that he clearly understood his conditions of supervision and I provided him with a copy of his

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conditions, just as I had done on June 21, 2005, when supervised release commenced. On March 26, 2006, the defendant informed me that despite my previous instructions not to consume alcohol, he continued to consume alcohol once a week, and would consume two or three malt liquor beers per occasion. In response, I increased his frequency of counseling at ARTS from twice a month individual sessions to weekly group counseling sessions on March 26, 2006. Again, I reminded him that he cannot drink alcohol while in treatment and if this continued, I would seek a placement into the RRC. 4. NEW LAW VIOLATION:

On or about May 22, 2006, the defendant committed Driving Under the Influence, in violation of Colorado Revised Statute 42-4-1301(1)(a). This is a misdemeanor offense, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On May 24, 2006, the defendant reported that he was arrested by the Aurora, Colorado Police Department on May 22, 2006, and charged with Driving Under the Influence. He stated that he and his wife had stopped at a convenience store/gasoline station as his wife drove him to work. However, they discovered that the gas station was closed. While in the parking lot, they got into an argument and his wife walked away from the store leaving the defendant there alone. The defendant reported that he sat in the driver's seat of the vehicle and fell asleep. The defendant's driver's license was revoked at the time and he denied driving the vehicle. According to the police offense report, the defendant was found passed out behind the wheel of his vehicle with the key in the ignition and the engine running. His speech was slurred and he had the odor of alcohol. He refused to submit to a blood or breathalyser test at the jail. The defendant further informed me that he had been consuming alcohol three to four times per week since December 2005, typically consuming a twelve-pack of beer. He described himself as an alcoholic. On September 22, 2006, the defendant pleaded guilty to Driving Under the Influence. On December 8, 2006, he was sentenced to 365 days jail with 358 days suspended upon successful completion of 24 months probation with 7 days credit for time served. The defendant was also fined $994, ordered to perform 100 hours of community service, and attend an alcohol evaluation/therapy. The defendant was also ordered to have no further offenses, abstain from the use of alcohol, and no further driving without a license and insurance (Arapahoe County Court, Case Number B2006T204173). 5. FAILURE TO REPORT ARREST/QUESTIONING BY LAW ENFORCEMENT OFFICER:

On or about July 5, 2006, the defendant was contacted by an officer of the Denver, Colorado Police Department, and failed to report the contact to the probation officer within 72 hours, which constitutes a Grade C violation of supervised release.

This charge is based on the following facts: On January 29, 2007, I was informed by Nick Ferguson, a probation officer employed by Community Alternatives, who was assigned to supervise the defendant regarding Arapahoe County Court, Case Number 2006T204173, that the defendant had been issued a traffic summons on July 5, 2006, by the Denver, Colorado Police Department for 1) Driving a Motor Vehicle without Having a Valid License; 2) Driving a Motor Vehicle While License was Under Restraint; 3) Expired Plates; and 4) Driving a Motor Vehicle without Proof of Insurance (Denver County Court, Case Number 2006M9128). I met with the defendant on January 30, 2007, to inform him that I had learned of his contact with law enforcement authorities on July 5, 2006, and that the defendant had failed to report this contact to me within 72 hours. The defendant responded by stating that he could not recall if he had contact with the Denver Police Department on or about that date. A copy of the summons indicated the defendant's name as Ronald J. Fisher, born September 11, 1968, with Colorado Identification Number 920716679. The defendant was further identified as a black male, height 5'10", weight 200 pounds,

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with brown eyes and black hair. All of this information is consistent with the defendant's identification inf maintained by the Colorado Department of Motor Vehicles. The Social Security number was indicated as which is consistent with the information found within the presentence investigation report. According to Denver County Court records, an arraignment was set for July 11, 2006, at which time the case was dismissed without prejudice by the court. A document within the court file indicated that on July 7, 2006, the court was notified of an error regarding this case in that there was no court date shown on the Criminal Summons and Complaint. 6. FAILURE TO PARTICIPATE IN SUBSTANCE ABUSE TREATMENT AS DIRECTED BY THE PROBATION OFFICER:

The defendant failed to keep a counseling appointment at Correctional Management Incorporated (CMI), the testing and treatment program in which the probation officer had directed him to participate, on January 3, 2007, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On January 3, 2007, I received notification from CMI that the defendant failed to attend his scheduled individual counseling appointment on that same date. The defendant stated that his car had broken down and thus he was unable to attend the counseling session. 7. NEW LAW VIOLATION:

On or about January 23, 2007, the defendant committed the offense of Drove Vehicle When License Revoked as Habitual Offender, in violation of Colorado Revised Statute 42-2-206(1)(a). This is a misdemeanor offense, which constitutes a Grade C violation of supervised release. On or about January 23, 2007, the defendant also committed the offense of Unsafe Backing, in violation of Colorado Revised Statute 42­4-1211(1)(a). This is a misdemeanor offense, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On January 23, 2007, I received notification that the defendant was arrested on that date by the Aurora, Colorado Police Department and charged with 1) Drove Vehicle When License Revoked as Habitual Offender, and 2) Unsafe Backing. According to the offense report, on January 23, 2007 at 12:17 a.m., an Aurora police officer observed the defendant driving a motor vehicle in reverse on a city street. The vehicle briefly stopped and the officer observed an adult female at the rear of the passenger side of the car. The female walked away from the vehicle. The defendant then put the car in reverse and backed down the street, stopping just before the rear passenger corner of the car struck the female. The officer contacted the defendant who immediately stated that he knew he was not supposed to be driving, that he is on state and federal parole, and that the female is his girlfriend. He reported that he and his girlfriend were staying at a motel on Colfax Avenue and that he was only attempting to pick up his girlfriend to take her back to the motel. The officer determined that the defendant's driver's license was revoked due to habitual offender status and he was arrested. The defendant informed me that on January 23, 2007, he had gone to assist his girlfriend, Raquel Woods, in getting her car unstuck from the snow in a parking lot. In the process of doing so, he stated that he backed her car out onto a city street and that an Aurora police officer who was in the area observed him behind the wheel of the car. On March 23, 2007, the defendant appeared in Arapahoe County Court (Case Number 2007M200170) but was intoxicated, thus was taken to a detoxification center and given a new court date of May 30, 2007. 8. FAILURE TO PARTICIPATE IN SUBSTANCE ABUSE TREATMENT AS DIRECTED BY THE PROBATION OFFICER:

The defendant failed to keep a counseling appointment at Correctional Management Incorporated (CMI), the testing and treatment program in which the probation officer had directed him to participate, on February 28, 2007, which constitutes a

Case 1:01-cr-00053-LTB
Grade C violation of supervised release. This charge is based on the following facts:

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On March 1, 2007, I received notification from CMI that the defendant failed to attend his scheduled individual counseling appointment on February 28, 2007. The defendant stated that he would be late but then failed to show up for the group counseling session. The defendant told me that he did not attend the session due to poor road conditions as the result of snow. 9. FAILURE TO INGEST MONITORED ANTABUSE:

Between February 7, 2007, and March 21, 2007, the defendant failed to ingest monitored Anatabuse as directed by the probation officer which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On February 6, 2007, I instructed the defendant to commence the taking of Antabuse on February 7, 2007, at CMI and I also instructed CMI staff on that same date to commence administering of Antabuse on February 7, 2007. The defendant subsequently failed to ingest monitored Antabuse on February 7, February 9, February 12, February 14, February 16, February 19, February 21, February 23, February 26, February 28, March 2, March 5, March 7, March 9, March 12, and March 19, 2007 (the defendant was not allowed to ingest Antabuse on March 14, 2007, because he submitted a positive breathalyser sample and on March 23, 2007, because he was in a detoxification center). On February 24, 2007, I received my first written notification from CMI regarding the defendant's failure to ingest Antabuse which was on February 23, 2007. I attempted to contact the defendant via telephone on March 8, 2007, and March 14, 2007, without success. I attempted to see the defendant at his residence on March 8, 2007, also without success. On March 16, 2007, a three-way meeting was held involving the defendant, SUSPO Grace Sena, and myself at which time the defendant stated that he had not been taking his Antabuse despite my instructions given to him on February 6, 2007, to begin taking the medication on February 7, 2007. The defendant was also again instructed to refrain from the use of alcohol. 10. USE OF ALCOHOL:

On March 14, 2007, the defendant used alcohol, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On March 14, 2007, I received notification that the defendant arrived at CMI on that same date at 6:00 p.m. and prior to being given Antabuse, he was administered a breathalyser test which tested positive at 0.015 BAC. For this reason, the defendant was denied the Antabuse. The defendant informed me that he had consumed a margarita on March 14, 2007. However, in my subsequent conversation with the CMI staff member who administered the breathalyser to the defendant on March 14, 2007, he stated that the defendant had informed that staff member that he had consumed "a couple of beers" on that date. 11. USE OF ALCOHOL:

On March 23, 2007, the defendant used alcohol, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On March 23, 2007, the defendant appeared in Arapahoe County Court in Aurora, Colorado, regarding Case Number 2007M200170. The defendant had been charged by the Aurora Police Department on January 23, 2007, with 1) Drove Vehicle When License Revoked as Habitual Offender, and Unsafe Backing. The defendant came to court under the influence of alcohol and was subsequently taken into custody and placed in a detoxification center. He was released later that evening.