Free Sealed Document - District Court of Colorado - Colorado

Case 1:04-cr-00072-WYD

Document 71

Filed 09/21/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. CRAIG HENRY BARNUM Docket Number: 04-cr-00072-WYD-01

Petition for Issuance of a Warrant Due to Violations of Probation COMES NOW, Marcee Fox, probation officer of the court, presenting an official report upon the conduct and attitude of Craig Henry Barnum who was placed on supervision by the Honorable Wiley Y. Daniel sitting in the court at Denver, Colorado, on the 12th day of May, 2005, who fixed the period of supervision at five 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 not incur new credit charges or open additional lines of credit without the approval of the probation officer, unless he is in compliance with the periodic payment obligations imposed pursuant to the court's judgment and sentence. 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. The defendant shall be placed on home detention for a period of four months, to commence within 21 days of sentencing. During this time, the defendant shall remain at his place of residence except for employment and other activities approved in advance by the probation officer. The defendant shall maintain a telephone at his place of residence without any special services, modems, answering machines, cordless telephones for the above period. The defendant shall wear an electronic device and shall observe the rules specified by the Probation Department. The defendant will be required to pay the cost of electronic monitoring as directed by the probation officer.

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On July 6, 2005, the defendant's condition of probation to be placed on home detention for a period of four months was changed to 120 days in a community corrections center. On November 9, 2006, the defendant's conditions of probation were modified to include residing in a residential reentry center for a period of up to five months.

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

Case 1:04-cr-00072-WYD
PROB 12 (02/05-D/CO)

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Filed 09/21/2007

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PRAYING THAT THE COURT WILL ORDER the issuance of a warrant for violations of probation and that the petition and warrant be filed under seal until the arrest of the defendant. ORDER OF THE COURT Considered and ordered this 21st day of September, 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. S/Marcee Fox Marcee Fox Senior Probation Officer

s/ Wiley Y. Daniel
Wiley Y. Daniel District Court Judge Place: Denver, Colorado Date: September 13, 2007

Case 1:04-cr-00072-WYD
PROB 12 (02/05-D/CO)

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Filed 09/21/2007

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ATTACHMENT

On May 12, 2005 and on February 2, 2006, the conditions of probation were read and explained to the defendant. On the same dates, he acknowledged in writing that the conditions were read to him, that he fully understood the conditions, and that he was provided with a copy of them. The term of probation commenced on May 12, 2005. The defendant has committed the following violations of supervised release:

1.)

VIOLATION OF THE LAW:

On or about August 24, 2005, the defendant was convicted of Third Degree Assault (Class One Misdemeanor), Jefferson County, Colorado, Case Number 05M2496. This constitutes a Grade B violation of probation. This charge is based on the following facts: On May 15, 2005, the defendant was involved in a domestic violence incident with his ex-wife. Charges were filed in Jefferson County Court on May 19, 2005, alleging Third Degree Assault (Class One Misdemeanor) and Harassment (Class Three Misdemeanor), Case Number 05M2496. A warrant was issued for his arrest on May 23, 2005. On August 24, 2005, the defendant pled guilty to Third Degree Assault and was sentenced to one year jail, suspended, one year unsupervised probation, and to complete domestic violence classes.

2.)

VIOLATION OF THE LAW:

On or about December 18, 2006, the defendant was convicted of Harassment, Jefferson County Case Number 06M5834. This constitutes a Grade C violation of probation. This charge is based on the following facts: On September 15, 2006, the defendant was arrested and charged with Harassment in Jefferson County Court. On December 18, 2006, he was found guilty at trial and sentenced to 15 days jail and 15 months probation.

3.)

POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about November 27, 2006, the defendant used or administered a controlled substance, methamphetamine, which constitutes a Grade C violation of probation. This charge is based on the following facts: On November 27, 2006, the defendant submitted a urine specimen at Independence House, Residential Reentry Center. This specimen tested positive for the use of methamphetamine at 1450 ng/mL. On December 12, 2006, the defendant admitted to the probation officer that he had used methamphetamine.

Case 1:04-cr-00072-WYD
PROB 12 (02/05-D/CO)

Document 71

Filed 09/21/2007

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4.)

VIOLATION THE LAW:

On or about July 20, 2007, the defendant was arrested and charged with Possession of a Scheduled III Controlled Substance (Class Six Felony) and Violation of Protection Order (Class Two Misdemeanor), Summit County Court Case Number 07CR230. This constitutes a Grade B violation of probation. This charge is based on the following facts: On July 20, 2007, the defendant was stopped by Silverthorne police officers while driving his vehicle. A search of the defendant's vehicle produced two bottles, one of which indicated it was nandrolone, injectable oily solution (anabolic steroids), the other was testosterone. The defendant was charged with Possession of a Schedule III Controlled Substance and Violation of Protection Order based on the presumption that he is using illicit substances, which would violate the order. The defendant was arrested and subsequently released on bond on July 23, 2007. He is scheduled to appear in court on October 9, 2007, for appearance of counsel. On the same date, the defendant was also charged with Driving Under Restraint, Failure to Display Proof of Insurance, and Speeding, Summit County Case Number 07T1355. He is scheduled to appear for arraignment on September 19, 2007.

5.)

POSSESSION AND USE OF A CONTROLLED SUBSTANCE:

On or about July 31, 2007, the defendant used or administered a controlled substance, anabolic steroids, which had not been prescribed to him by a physician. This constitutes a Grade C violation of probation. This charge is based on the following facts: On or about July 31, 2007, the defendant was directed by the probation officer to submit a random urine specimen at Correctional Management Inc. This urine specimen was tested for anabolic steroids, which is a special test that has to be requested by the probation officer. On August 31, 2007, the probation officer received the results of this urine specimen. The specimen tested positive for nandrolone (anabolic steroids). On July 25, 2007, the defendant reported to the probation office and was questioned about the pending felony charge in Summit County. The defendant reported that he had over-thecounter testosterone enhancement pills in his possession. He denied using steroids.

6.)

FAILURE TO PAY RESTITUTION AS DIRECTED BY THE PROBATION OFFICER:

The defendant has failed to make payments toward his restitution on December 2005, January 2006, February 2006, July 2006, August 2006, October 2006, November 2006, December 2006, January 2007, February 2007, March 2007, April 2007, and June 2007, as directed by the probation officer, which constitutes a Grade C violation of probation. This charge is based on the following facts: On May 20, 2005, the defendant signed a payment plan with the probation officer, agreeing to pay $100 per month toward his restitution and the $600 special assessment fee. He made payments of $100 on March 28, 2006, April 14, 2006, September 13, 2006, May 1, 2007, July 23, 2007, and August 13, 2007. He failed to make payments in December 2005, January 2006, February 2006, July 2006, August 2006, October 2006, November 2006, December 2006, January 2007, February 2007, March 2007, April 2007, and June 2007. In May and June 2006, the defendant had permission from the probation officer not to make a payment because he had been injured and was not working.