Free Sealed Document - District Court of Colorado - Colorado

Case 1:00-cr-00209-WYD

Document 73

Filed 04/19/2006

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. Jerome Blackhorse Docket Number: 00-cr-00209-WYD-01

Petition for Issuance of Arrest Warrant for Violation of Supervised Release COMES NOW, Michael G. Fischer, probation officer of the court, presenting an official report upon the conduct and attitude of Jerome Blackhorse who was placed on supervision by the Honorable Wiley Y. Daniel sitting in the court at Denver, Colorado, on the 19th day of June, 2001, who fixed the period of supervision at three 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 and 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 during the course of treatment. The defendant will be required to pay for the cost of treatment, as directed by the probation officer. The defendant shall participate in a program of mental health treatment, as directed by the probation officer, until such time as the defendant is released from the program by the probation officer. The defendant shall pay the cost of treatment as directed by the probation officer. The Court authorizes the probation officer to release to the treatment agency all psychological reports and/or the presentence report for continuity of treatment. The defendant shall have no contact whatsoever with the victim or the victim' mother. s The defendant shall pay restitution in the amount of $30,324.65, in monthly installments of at least $200.00 during the term of supervision. On March 24, 2004, Judge Krieger ordered a modification of the conditions of supervised release by imposing a 120 day placement at a Community Corrections Center to commence upon the defendant' release from the Bureau s of Prisons.

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RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
(If short insert here: if lengthy write on separate sheet and attach)

See attachment 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 19th day of April, 2006, 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/ Michael G. Fischer Michael G. Fischer Sr. U.S. Probation Officer

s/ Wiley Y. Daniel
Wiley Y. Daniel U.S. District Judge Place: Durango, Colorado Date: April 7, 2006

Case 1:00-cr-00209-WYD

Document 73

Filed 04/19/2006

Page 2 of 2

ATTACHMENT Attached hereto as Exhibit A and incorporated by reference is a true copy of the Conditions of Supervised Release signed by the defendant on March 17, 2004, acknowledging that the conditions had been read to him, that he fully understood the conditions, and that he was provided with a copy of them. The term of supervised release commenced on March 9, 2004. The defendant has committed the following violations of supervised release: 1. VIOLATION OF THE LAW:

On or about September 4, 2005, the defendant committed the offense of Attempted Felony Menacing, in violation of C.R.S. 18-2-201. This is a Class 6 state felony, which constitutes a Grade A violation of supervised release. This charge is based on the following facts: The defendant was arrested on September 8, 2005, at 9:08 a.m. and charged in the La Plata County District Court, case number 05CR431, with False Imprisonment, Assault, Menacing, Domestic Violence and Criminal Attempt - Murder. According to an arrest warrant affidavit, the defendant and his girlfriend, Jessica Tiss Martinez, were involved in an argument in the early morning hours of September 4, 2005, at their residence at 326 E. 7th Avenue, Durango, Colorado. Jessica said that she was assaulted by being thrown down on the bed and strangled. She told police that the defendant strangled her 10 or more times throughout the incident and that she was in fear of her life. She said at one point, the defendant went to the kitchen, got a knife, put it to her throat and told her to stop screaming or he was going to kill her. She also told police that she was hit and slapped in the face and on the back, pulled around the room by her hair and thrown against the wall. She said she hit the wall hard enough to leave a hole in it. She finally escaped by crawling out of a window. She went to a pay phone and called police. The victim was transported to the hospital. One of the responding officers stated in the affidavit that her visible injuries were consistent with her statement, except that there was no physical evidence of a knife being held to her throat. I interviewed the defendant at the La Plata County Jail on September 9, 2005. He denied assaulting the victim. He said Jessica was high on methamphetamine at the time of the incident and he further noted she is high on drugs on many occasions. He said she hit and slapped him. He said she also bit him. I observed what he said were bite marks on the fingers of both of his hands. He said he watched her throughout the evening and tried to stay away from her. On March 31, 2006, the defendant sentenced in La Plata County District Court, case number 2005CR431, to one year in the Colorado Department of Corrections plus one year of parole for his plea to a lesser included offense of Attempted Felony Menacing, a class 6 Felony. Court costs were waived. The sentence was stayed for six months and will be suspended at the end of six months only if the defendant receives three or more months on his supervised release violation revocation. The remaining counts were dismissed.