Free Sealed Document - District Court of Colorado - Colorado

Case 1:04-cr-00371-EWN
PROB 12 (4/96-D/CO)

Document 60

Filed 07/05/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

U.S.A. vs. Bryan Robert Lee-Harper EWN

Docket No. 04-cr-00371-

Petition For Issuance of Arrest Warrant for Violation of Supervised Release COMES NOW, Edward C. Gadden, Probation Officer of the Court, presenting an official report upon the conduct and attitude of Bryan Robert Lee-Harper, who was placed on supervision by the Honorable Judge Edward W. Nottingham, sitting on the Court in Denver, Colorado, on the 7th day of January 2005, who fixed the period of supervision at three (3) years, commencing April 10, 2006, and imposed the general terms and conditions theretofore adopted by the court, and also imposed special conditions and terms as follows: No special conditions of supervision were originally imposed, however on August 7, 2006, the Court approved a supervision modification allowing for substance abuse testing and treatment. On January 18, 2007, the defendant appeared before the Court for a violation of supervision hearing. He admitted to violations 1, 2, 3, 4, 5 and 6, and his supervised release was continued to include a supervision modification allowing for up to 180 days of placement in an approved Residential Reentry Center (RRC).

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: (See attached hereto and herein incorporated by reference).

PRAYING THAT THE COURT WILL ORDER the issuance of a Warrant for violation 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 5th day of July, 2007, and ordered filed and made a part of the record in the above case.

I declare under penalty of perjury that the foregoing is true and correct.

s/ Edward C. Gadden U.S. Probation Officer s/ Edward W. Nottingham Edward W. Nottingham Chief U.S. District Judge Place Date Denver, Colorado July 2, 2007

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ATTACHMENT The defendant's signature on April 11, 2006, acknowledged that the conditions of supervision had been read and explained to the defendant, that the defendant fully understood said conditions, and that the defendant was provided with a copy of the conditions. The defendant's period of supervised release commenced April 10, 2006. Since the defendant's initial violation of supervision hearing on January 18, 2007, he has committed the following additional violations of supervision: (1) FAILURE TO NOTIFY PROBATION OFFICER OF CHANGE IN RESIDENCE: On or about April 15, 2007, the defendant moved from his listed residence located at 1736 Boston St., Unit 1, Aurora, CO, without notifying his probation officer as required. This constitutes a Grade C violation of supervision. This charge is based on the following facts: On April 6, 2007, the defendant was allowed to discharge the Independence House Residential Reentry Center to an approved personal residence at 1736 Boston St., Unit 1, Aurora, CO. On May 2, 2007, the probation officer attempted to contact the defendant at this residence, only to discover it completely vacant. The property manager advised the probation officer that the defendant had moved out approximately two weeks prior. The defendant had not advised the probation officer regarding his intent to move, or of his new address. This represents the second instance that the defendant had relocated without notifying his probation officer. (2) VIOLATION OF THE LAW: On April 18, 2007, the defendant was charged with the offenses of Disturbing the Peace, Petty Theft, Assault, and Threats, in violation of Colorado Revised Statutes (C.R.S.) 38-89, 38-51.8, 38-93, and 38-92. This constitutes a Grade C violation of supervision. These charges are based on the following facts: On April 19, 2007, a warrant was issued for the defendant in regards to Denver General Sessions Case Number 07GS170071. According the affidavit, on April 18, 2007, at approximately 2:30 a.m., the defendant engaged in a physical confrontation with a female with whom he had been romantically involved for several weeks. When she refused to loan him money, the defendant reportedly pushed her onto her car, threatened to have her physically harmed, and stole her handbag which contained her wallet and other belongings. The defendant was arrested on April 25, 2007. This matter is currently pending disposition. (3) VIOLATION OF THE LAW: On April 27, 2007, the defendant was charged with the offenses of Obstructed Windows, Driving Under Restraint, Driving Without Valid License, and No Insurance, in violation of C.R.S. 42-4-227(1), 42-2138(1)(a), 42-2-101 and 42-4-1409. This constitutes a Grade C violation of supervision. These charges are based on the following facts: On the aforementioned date, the defendant was cited by the Denver Police Department for the above charges. This matter is currently pending disposition under Denver General Sessions Case Number 07M7498.

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Filed 07/05/2007

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(4) FAILURE TO NOTIFY PROBATION OFFICER OF CHANGE IN EMPLOYMENT: On or about April 28, 2007, the defendant's employment with Bigfoot Express Trucking was terminated. The defendant failed to notify the probation officer of his change in employment status, which constitutes a Grade C violation of supervision. This charge is based on the following facts: Shortly after being allowed to discharge from the Independence House RRC early as a result of positive adjustment, the defendant's driver's license was suspended for speeding and failure to maintain required insurance. The defendant was unable to maintain employment as a delivery driver for Big Foot Trucking. His last pay check with that company was dated April 28, 2007. The defendant failed to notify the probation officer that he was unemployed. He has failed to provide any income documentation to his probation officer since that time. (5) VIOLATION OF THE LAW: On June 26, 2007, the defendant was charged with the offenses of Driving Under Restraint, Driving Without Valid License and No Insurance, in violation of C.R.S. 42-2138(1)(a), 42-2-101 and 42-4-1409. This constitutes a Grade C violation of supervision. These charges are based on the following facts: On the aforementioned date, the defendant was cited by Denver Police for the above charges, presently pending under Denver General Sessions Case Number 07M10369. (6) FAILURE TO FOLLOW INSTRUCTIONS OF PROBATION OFFICER: On June 18, 2007, the defendant failed to follow instructions giving by the probation officer when he failed to report to the Independence House Residential Reentry Center (RRC) on that date. This constitutes a Grade C violation of supervision. This charge is based on the following facts: On June 7, 2007, the probation officer advised the defendant that as a result of his continuing violations of supervision, he would be serving the remaining balance of his RRC placement period. He was instructed by the probation officer to report to the Independence House RRC on Monday, June 18, 2007, at 8:00 a.m. The defendant failed to report to the RRC that day. The defendant instead reported to the RRC the following day, June 19, 2007, at 1:00 p.m., several hours after the probation officer had left a message with the defendant's aunt warning of possible consequences of non-compliance. (7) POSSESSION AND USE OF A CONTROLLED SUBSTANCE: On or about June 19, 2007, the defendant used or administered a controlled substance, specifically marijuana, which had not been prescribed to him by a physician. This constitutes a Grade C violation of supervision. This charge is based on the following facts: On the aforementioned date, the defendant submitted a urine sample at the Independence House RRC, which later tested positive for metabolites of marijuana/THC at Kroll Laboratory.