Free Response to Motion - District Court of Arizona - Arizona

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DIANE J. HUMETEWA United States Attorney District of Arizona KEITH E. VERCAUTEREN Assistant U.S. Attorney Two Renaissance Square, Suite 1200 40 North Central Avenue Phoenix, Arizona 85004-4408 Arizona State Bar No.013439 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT 8 DISTRICT OF ARIZONA 9 10 11 12 13 14 15 16 The United States, by and through undersigned counsel, hereby responds to Defendant 17 JOHNSTON's Motion for Early Termination of Probation, and requests that the Court deny the 18 motion. Defendant JOHNSTON was placed on two years probation by this Court on December 19 18, 2006. Defendant JOHNSTON has completed just over one year of his probation. During 20 the past year, police have been called twice due to the defendant's behavior. 21 On March 22, 2007, Defendant JOHNSTON was going through a divorce and was no longer 22 living with his wife. The defendant and his wife talked on the phone that night about their son's 23 recent poor performance in school. The defendant's wife said they would talk about it further 24 over the weekend because she needed to study. Two hours later, at approximately 10 p.m., 25 Defendant JOHNSTON went to the residence of his estranged wife and banged on the door and 26 demanded that she let him in, or he would "come through the door." The defendant's wife told 27 him to go away, and JOHNSTON told her he would "find her and hunt her down and then see 28 what happens." The defendant then left. The defendant's wife called the police to make a Robert J. Johnston, Jr., Defendant. United States of America No. 03-1167-001-PHX-DGC Plaintiff, v. GOVERNMENT'S RESPONSE TO DEFENDANT JOHNSTON'S MOTION FOR EARLY TERMINATION OF PROBATION

Case 2:03-cr-01167-DGC

Document 1449

Filed 01/23/2008

Page 1 of 2

1 report, but stated that she did not want any further police action. The police did file a report, but 2 the police did not contact the defendant. The facts for this incident are based on the Chandler 3 police report. 4 On November 26, 2007, police were again called to the same residence because the

5 defendant was angry with his daughter over her having a boyfriend in the house. The police 6 contacted the defendant, but did not take a report, or file any charges. To the defendant's credit, 7 he self-reported this incident to his probation officer. The facts for this incident are based on the 8 defendant's statements to his probation officer. 9 The United States submits that these two separate incidents during the past year, while

10 Defendant JOHNSTON was on probation, show that this defendant should be continued on 11 probation. The United States respectfully requests that this Court deny Defendant

12 JOHNSTON's Motion for Early Termination of Probation. 13 14 15 16 17 18 19 20 21 CERTIFICATE OF SERVICE I hereby certify that on January 23, 2008, I electronically transmitted the attached document s/ Keith Vercauteren KEITH E. VERCAUTEREN Assistant U.S. Attorney Respectfully submitted this 23rd day of January, 2008. DIANE J. HUMETEWA United States Attorney District of Arizona

22 to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of 23 Electronic Filing to the following CM/ECF registrant: 24 25 Brian Fredrick Russo, [email protected], [email protected] 26 27 s/ Keith Vercauteren KEITH E. VERCAUTEREN 28 Assistant United States Attorney 2
Case 2:03-cr-01167-DGC Document 1449 Filed 01/23/2008 Page 2 of 2