Free Petition to Revoke Probation/Release - District Court of Arizona - Arizona

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UNITED STATES DISTRICT C • URTIUG 1 1 2006
for c:I.I&Ri< u s DISTRICT 00uRT
DISTRICT OF ARIZONA DISTRICT or Anizom.
BY DEPUTY
United States v. Bryan Leland Deal Docket No. 02CR01028-001-PHX—NV\N
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Petition to Revoke Probation T M q M]
COMES NOW PROBATION OFFICER Elizabeth P. Simons presenting an official report on Bryan
Leland Deal who was placed on probation on February 2, 2004, by the Honorable Earl H. Carroll
presiding in the District Court of Arizona. A 60 month period of probation was imposed. In addition to
the general terms and conditions adopted by the court in General Order 04-1 1 , the offenderwas ordered
to comply with the following special conditions:
1. You shall participate as instructed by the probation officer in a program of substance abuse
treatment which may include testing for substance abuse. You shall contribute to the cost of
treatment in an amount to be determined by the probation officer. I
2. You shall submit your person, property (including but not limited to computer, electronic devices,
and storage media), residence, office, or vehicle to a search conducted by a probation officer, at
a reasonable time and in a reasonable manner.
3. You shall provide the probation officer access to any requested financial information.
4. You shall participate in a mental health program as directed by the probation officer which may
include taking prescribed medication. You shall contribute to the cost of treatment in an amount
to be determined by the probation officer.
5. You shall reside and participate in a community corrections center for 180 days, unless
discharged earlier by the probation officer.
6. You are prohibited from owning, maintaining or using a firearm.
7. You shall abstain from all use of alcohol or alcoholic beverages.
8. You shall remain ln the custody ofthe U.S. Marshal until such time as a bed becomes available
at the community corrections center. The U.S. Marshal shall transport the defendant to the
community corrections center.
On May 31, 2005 Deal was reinstated to probation supenrision under the above conditions and the
following additional conditions:
9. You shall meet monthly with your probation officer at a date and time to be fixed by the probation
officer.
Case 2:02—cr—01028—NVW Document 128 Filed 08/11/2006 Paget of3

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U.S.A. v. Bryan Leland Deal O 0
Docket No. O2CR01028-001-PHX-NVW
August 11, 2006
10. The defendant shall remain in the custody ofthe U.S. Marshal until such time as a bed becomes
available at a community corrections center in Phoenix. Upon notification that a bed is available,
the defendant shall be returned to the courthouse bag and baggage and released from the office
of the U.S. Marshal to the custody of defense counsel for transportation to the designated facility
pending a residential placement through Value Options.
A petition to revoke was filed on August 5, 2005, that remains pending which alleged that Deal
absconded from a community corrections center on August 1, 2005. l-Ie was released from federal
custody on February 14, 2006, to the custody of the Maricopa County Sheriff's Office and subsequently
ordered by the Maricopa County Superior Court to undergo psychiatric treatment in case number
MH2006-000588.
Bryan Leland Deal was convicted ofThreats Against the President, violation of 18 USC §871(a), a Class
D felony.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
11. A. Violation of Special Condition 4: "You shall participate in a mental health program as
directed by the probation officer which may include taking prescribed medication. You
shall contribute to the cost of treatment in an amount to be determined by the probation
officer."
Deal refused to take prescribed medication at 12:00 p.m., 5:00 p.m. and 9:00 p.m. on August 10,
2006; and at 9:00 a.m. and 12:00 p.m. on August 11, 2006, as evidenced by the testimony of
Southwest Behavioral Health Services staff members. Grade C violation. §7B1.1(a)(3).
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U.S.A. v. Bryan Leland Deal O 0
Docket No. 02CR01028-001—PHX-NVW
August 11, 2008
AFFIDAVIT AND PETITION PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED
In conformance with the provision of 28 U.S.C. § 1746, I declare, under penalty of perjury. that the
foregoing is true and correct to the best of my knowledge. Based on the information presented that the
offender has violated conditions of supervision, I am petitioning the Court to issue a warrant.
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Elizabeth P. Simons Date
Senior U.S. Probation Officer
Reviewed by rg/OL?
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Q; Lori A. an land Date
Supervisory U.S. Probation Officer
R ed by
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,· T 9 - iel R. rake Dat
/ Assistan U.S. Attorney
ORDER OF COURT
I find there is probable cause to believe the offender has violated conditions of supervision, supported
by the above affirmation given u df penalty of pjrjury. The Court orders t2e issuance of a warrant.
Considered and ordered this " day of Viv.} [ , 20 O and ordered filed and
made a part of the records in the above case.
The Honorable Neil V. Wake
U.S. District Judge
Defense Counsel:
Mark J. Berardoni
45 W. Jefferson, Ste. 810
Phoenix, Arizona 85003
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