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

O ' · · O ~·-•*@€lV!¤ ,,,__,,,¤bi¤y
UNITED STATES DISTRICT COURT y y y g
for ¤Ti‘iYil` tl YW
DISTRICT OF ARIZONA ¤`_ `.mW wx kw"?
TNA
BY.} mrrlw
United States v. Garrett Jason Deetz Docket No. 03CR00445-001-PHX-SMM
Petition to Revoke Supervised Release`? lm afi, T§
COMES NOW PROBATION OFFICER Sharon D. Werner presenting an official report on Garrett
Jason Deetz who was committed to the Bureau of Prisons on April 8, 2004, by the Honorable Stephen
M. McNamee presiding in the District Court of Arizona. A three year period of supervised release was
imposed, and supervision commenced upon the offender's discharge from imprisonment on February
10, 2006. In addition to the general terms and conditions adopted bythe court, the offender was 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.
2. You shall submit to search of person, property, vehicles, business, and residence to be
conducted in a reasonable manner and at a reasonable time by, or at the direction of, the
probation officer.
3. 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. ‘
4. You are prohibited from owning, maintaining or using a firearm.
As modified pursuant to a waiver and order on June 21, 2006:
(unnumbered condition) You shall abstain from all use of alcohol or alcoholic beverages.
Garrett Jason Deetz was convicted of felon in possession of a firearm.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE
AS FOLLOWS:
A. Violation of Standard Condition No. 1: "You shall not commit another federal, state, or local
crime during the term of supervision."
On May 12, 2006, Deetz committed a new crime, extreme DUI, as evidenced by his conviction
in Mesa Municipal Court, case 2006029035 on August 16, 2006. According to Gilbert, Arizona
police report 06-7513, Deetz was observed making several traffic violations including driving over
a median. Field sobriety tests indicated impairment and Deetz admitted consuming two shots
and a margarita. His BAC was later determined to be .165. On August 16, 2006, in Mesa
Case 2:03-cr-00445-SMM Document 35 Filed 10/O4/2006 Page 1 of 3

Page 2 • · . · ,
U.S.A. v. Garrett Jason Deetz . • ·
Docket No. 03CR00445-001—PHX—Sl\/ll\/I
September 27, 2006
Municipal Court Dertz pleaded guilty to Extreme DU1, in violation of ARS 28-1382/X, a Class
3 misdemeanor. He was sentenced to 10 days jail and a fine and alcohol counseling were
imposed.
Grade C violation. §7B1.1(a)(3)(A).
B. Violation of Standard Condition No. 1: "You shall not commit another federal, state, or local
crime during the term of supen/ision.“
On September 14, 2006, Deetz committed a new crime, aggravated DUI, as evidenced by his
arrest by Tempe police department. According to the arrest report 06-155280, on September 14,
2006, Deetz was stopped for multiple civil and criminal traffic violations. The offender refused to
exit his vehicle, restarted his vehicle and fled. In an attempt to evade officers Deetz drove
recklessly striking and driving over medians. At one point it was determined he drove 98 miles
per hour in a 35 mile per hour zone. Officers later located Deetz' vehicle parked in a parking lot.
An open bottle of beer was located in the vehicle. Investigation revealed Deetz' was driving on
a restricted driver license and his BAC was determined to be .204 and .192 respectively. The
offender was charged with Aggravated DUI, in violation of ARS 28—1383A1, a Class 2
misdemeanor.
Grade C violation. §7B1.1(a)(3)(A).
C. Violation of Unnumbered Sgeoial Condition: "You shall abstain from all use of alcohol or
alcoholic beverages."
On September 14, 2006, Deetz consumed alcohol as evidenced by breathalyzer testing by
Tempe, Arizona police department which revealed a BAC of .204 and .192 respectively.
Grade C violation. §7B1.1(a)(3)(B).
Case 2:03-cr-00445—Sl\/ll\/I Document 35 Filed 10/04/2006 Page 2 of 3

Page 3 . , ' ,
U.S.A. v. Garrett Jason Deetz• 0
Docket No. 03CRO0445—OO1-PHX-SMM
September 27, 2006
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.
) jjigmgr Wi?/ag
Sharon D. Werner, Date
Senior U.S. Probation Officer
Reviewed by ,.
rr/c >=/#6
Neil Graber Date
Supervisory U.S. Probation Officer
Rev' wed by
‘ &» pm/·’ /&g,2 M Q
M. estaino Date
Assistant 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 under penalty of perjury. The court orders the issuance of a warrant.
Considered and ordered this A day of Ocfioi-J? , 20 00 and ordered filed and
made a part of the records in the above case.
The Hinorable Stephen M. McNamee,
U.S. District Judge j
Defense Counsel:
John W. Rood
817 North Second Street
Phoenix, Arizona 85004-2017
Case 2:03-cr-00445—Sl\/Il\/I Document 35 Filed 10/04/2006 Page 3 of 3

Case 2:03-cr-00445-SMM

Document 35

Filed 10/04/2006

Page 1 of 3

Case 2:03-cr-00445-SMM

Document 35

Filed 10/04/2006

Page 2 of 3

Case 2:03-cr-00445-SMM

Document 35

Filed 10/04/2006

Page 3 of 3