PRESENTENCE INVESTIGATION REPORT

Honorable: Thomas Gold &'() Attorney: Robert "ogooder "e+endant: Charles ,est -r.

County: Sagina

Senten!e "ate: #ay $%

Status: A**ointed Age: &' CURRENT CONVICTION(S) "O/: 0121($$&

"o!3et 4 ')7)'0780

5inal Charge

Attem*t

#a6 0( #onths

-ail Credit (00 "ays

/ond No

9ar!eny to a *erson No H.O. &nd o++en!e

Con:i!ted by: Plea

"ate o+ Con:i!tion: ;1$1&'()

Habitual: No

Pending Charges: None

Pending ,here: N1A

Plea Agreement: Prose!uting Attorney to dismiss at senten!ing Ct. I% Armed Robbery PRIOR RECORD Con:i!tions: 45elonies: ( 4#isdemeanors: 2 5ormer: <es 5ormer: No -u:enile Re!ord: <es Pending Violations: No Pending Violations: No #"OC 4: N1A O++en!e: No PERSONAL HISTORY Senten!e: N1A

Probation: A!ti:e No Parole: A!ti:e No Current #i!higan Prisoner: No Currently =nder Senten!e: No

PRESENTENCE INVESTIGATION REPORT

Edu!ation: HS "i*loma Pla!e Psy!hiatri! History: No Substan!e Abuse: <es N1A In:estigating Agent: >e:in "ra:es

Em*loyed: <es

,here: The ,at!h

Physi!al Handi!a*: No Ho 9ong: 0 years

#arital Status: Single Ho 9ong:

Al!ohol Abuse: No

"ate: ;101&'() RECOMMENDATION

I re!ommend that Charles ,est -r. be senten!es to (& months tether ith ) years *robation +or lar!eny to a *erson% HO &nd o++en!e. I belie:e this senten!e is an a**ro*riate *unishment +or the de+endant?s in:ol:ement in the !rime.

Charles ,est -r.

EVALUATION AND PLAN:

/e+ore the !ourt is Charles ,est -r.% age &'% "O/ 0121$&% single male ho is being senten!ed +or +elony armed robbery. The instant !on:i!tion is a result o+ a guilty *lea in e6!hange +or the Prose!uting Attorney?s o++i!e redu!ing his +inal !harge +rom armed robbery to lar!eny to a *erson% HO% se!ond o++en!e.

The *ositi:e as*e!ts ith regards to #r. ,est in!lude his @ob at The ,at!h Pla!e% hi!h he has been em*loyed there +or almost A months. He has a girl+riend hom he has a !hild ith% hi!h

PRESENTENCE INVESTIGATION REPORT

#r. ,est hel*s *ro:ide basi! ne!essities +or the !hild. #r. ,est has attended "elta College in the *ast and he *lans to re7enroll in the !oming semester.

Some o+ the negati:e as*e!ts ith regards to #r. ,est in!lude his struggle ith drugs% s*e!i+i!ally mari@uana and !ra!3 !o!aine. This substan!e abuse *roblem has been the leading !ause to *rior arrests in #r. ,est?s !riminal history.

/ased u*on the +orgoing in+ormation% the +ollo ing e:aluation is *ro*osed. "ue to the +a!t that the de+endant as not the leader o+ the !rime% I belie:e #r. ,est should re!ei:e a redu!ed senten!e to lar!eny to a *erson. Although the :i!tims ere emotionally sha3en u*% none o+ them su++ered any *hysi!al in@uries. #r. ,est?s li3elihood to reo++end is *ossible but I do not belie:e he is a :iolent o++ender and he is not a danger to so!iety.

Charles ,est -r.

A !orre!tional *lan has been !reated to ensure *ubli! *rote!tion% rehabilitation% *unishment% and deterren!e to other *otential o++enders. #r. ,est ould be *la!ed on tether monitoring system +or an a**ro*riate amount o+ time. He ill !om*ly ith the rules o+ the tether *rogram and he ould not :iolate these rules in any !ir!umstan!es. #r. ,est ould also enroll himsel+ in a nar!oti!s anonymous *rogram ith intentions o+ be!oming !lean and drug +ree. He ill also ta3e anger management !lasses in ho*es o+ hel*ing him ith his emotional distresses. #r. ,est should be *ut on tether and u*on !om*letion% he should !ontinue ith intensi:e *robation. The

PRESENTENCE INVESTIGATION REPORT

de+endant should ha:e a :ery restri!ti:e *robation. He shall not ha:e any !onta!t ith any indi:iduals ho he has !ommitted !rimes ith in the *ast.

An a**ro*riate re!ommendation +or this *arti!ular !rime ith regards to #r. ,est?s *rior !riminal re!ord is as +ollo s. #r. ,est should re!ei:e a *lea o+ lar!eny to a *erson% HO% se!ond degree. The de+endant should re!ei:e (& months tether% along ith ) years o+ *robation. #r. ,est should be reBuired to !om*lete a drug and al!ohol assessment and !om*lete any reBuirements suggested by the assessor in the a**ro*riate amount o+ time gi:en. Anger management !lasses should be assigned to #r. ,est +or an indeterminate amount o+ time.

Charles ,est -r.

AGENTS DESCRIPTION OF THE OFFENCE: On O!tober ()th% &'(&% O++i!er Robert Norton attem*ted to ma3e a tra++i! sto* on a :ehi!le headed eastbound on #ain street% about a Buarter mile +rom the do nto n area. "is*at!h sent out an alert stating a dar3 S=V as sus*e!ted in the robbery o+ The Gold "ragon -e elry Store. The sus*e!t :ehi!le as said to ha:e three o!!u*ants.

PRESENTENCE INVESTIGATION REPORT

,hile on duty% O++i!er Norton re!ei:ed the dis*at!h alert to be on the loo3out +or a dar3 S=V ith the li!ense *late 9P'&)). The :ehi!le as s*otted going eastbound on #ain Street. A**ro6imately one minute later% O++i!er Norton obser:ed a bla!3 Cadilla! Es!alade going eastbound do n #ain Street at a**ro6imately A' #PH. The li!ense *late mat!hed that o+ the one dis*at!hed. O++i!er Norton turned on his o:erhead lights and too3 *ursuit. He !alled +or ba!3u* and O++i!er Ni!3 Perry res*onded.

The sus*e!t :ehi!le disregarded the light signal to sto* and !ontinued on #ain Street. O++i!er Norton and Perry ere both in *ursuit. A+ter a ten mile !hase% the sus*e!t :ehi!le s er:ed and !rashed into a building at the !orner o+ #ain and /eal Street. The three sus*e!ts @um*ed out o+ the :ehi!le and began to run into a nearby ally.

/oth O++i!er Norton and Perry ga:e *ursuit o+ +oot a+ter the sus*e!ts. They !ornered the three men and told them to *ut their hands u* and get on their 3nees. T o men obeyed the !ommand. The third man !harged O++i!er Perry ith a ma!hete in his hand. O++i!er Perry ga:e arning to sto* and dro* the ea*on or he ould shootC the sus*e!t did not obey. O++i!er Perry then dis!harged one shot +rom his *istol. The bullet +rom the shot hit the sus*e!t in the !hest and the sus*e!t +ell to the ground. O++i!er Norton then radioed +or an ambulan!e and t o additional :ehi!les to be dis*at!hed to the s!ene.

O++i!er Perry a**roa!hed the sus*e!t he had @ust shot and% mo:ed the ma!hete out o+ rea!h% and !he!3ed +or a *ulse. The sus*e!t had no *ulse and as *ronoun!ed dead on the s!ene. O++i!er Norton then detained the other t o sus*e!ts and *ut them in the ba!3 o+ t o se*arate *atrol !ars. Neither o+ the t o sus*e!ts had identi+i!ation o+ them.

O++i!er Perry and O++i!er Norton sear!hed the Cadilla! +or e:iden!e. They re!o:ered a hammer% t o ma!hetes% and a bag that !ontained @e elry. O++i!er 5ran3 -ones and O++i!er S!ott /a!on too3 the t o sus*e!ts ba!3 to the station to be identi+ied and inter:ie about the in!ident. O++i!er Norton and O++i!er Perry ere released +rom the s!ene and they ent ba!3 to the station to begin their re*orts.

PRESENTENCE INVESTIGATION REPORT

Charles ,est -r.

CONSECUTIVE SENTENCING: The *rose!uting Attorney?s o++i!e ad:ises that !onse!uti:e senten!ing *ro:isions do not a**ly to the senten!e in this !ase. VICTIM IMPACT STATEMENT: #r. Cho Chin as !onta!ted and inter:ie ed. He is the o ner o+ the Gold "ragon -e elry Store. #r. Chin stated that be!ause o+ this robbery% his store sales ha:e dramati!ally de!reased and he has seen a redu!tion o+ !ustomers a+ter the in!ident o!!urred. He also stated that the e6*erien!e s!ared him% his i+e% and his em*loyees. One em*loyee Buit the day a+ter the robbery and other em*loyees ere a+raid to !ome ba!3. #r. Chin?s i+e% #ae Chin had to see3 !ounseling and she re+uses to tal3 about hat ha**ened that day to others. #r. Cho did state that the de+endant as the least threatening out o+ all the men but he ould still li3e to see lots o+ @ail time% i+ not *rison. #r. Chin re*orted o:er D((%''' in damage.

DEFENDANT VERSION OF THE OFFENCE: The +ollo ing ritten statement as *ro:ided by the de+endant Charles ,est -r. and !o*ied in :erbatim:

EOn the day o+ the robbery% my +riends% Smith and -ones% and I ere smo3ing !ra!3 !o!aine. ,e ran out o+ !ra!3 and I as really !ra:ing more but e ere out o+ money. That?s hen -ones told us he 3ne o+ an easy ay to get some money ithout mu!h !han!e o+ getting !aught. -ones said he 3ne this @e elry store on #ain Street in San 5ran!is!o ith lots o+ gold and no guards. I told him that I ould do it. Smith agreed too. -ones said no one ould get hurt i+ e ent into the store E+ast and +urious.F He said e ould go in yelling +or e:eryone to be Buiet and get do n on the +loor and threaten them ith ma!hetes so no one ould !reate any trouble +or us. He said they ould be too s!ared to do anything but obey us. Smith suggested that e all buy hooded s eatshirts at the "ollar Store. Smith said he had some big elding glo:es o+ his dad?s that e !ould use. -ones had some ma!hetes and hammers e !ould use to threaten the store *eo*le and brea3 u* the @e elry !ases.

PRESENTENCE INVESTIGATION REPORT

E:eryone agreed on the *lan and e ent to the "ollar Store in Smith?s dad?s Es!alade and bough the s eatshirts and then to Smith?s house in Oa3land to get the elding glo:es% then to -ones house to get the ma!hetes and hammers.

Charles ,est -r.

9ate in the a+ternoon% e dro:e to the @e elry store. ,e *ar3ed do n the street about a blo!3 and then ran u* to the +ront entran!e. -ones ent in +irst% then Smith and I +ollo ed. ,e had our hoods u* and told the *eo*le to EShut u* and get do n on the +loor.F They did li3e e told them.

It as !raGyH ,e all smashed @e elry !ases and too3 out as mu!h gold as e !ould +ast and *ut it all into a !loth bag that -ones had. It only too3 a !ou*le o+ minutes and then e ere out o+ there. No one got hurt.

-ones dro:e o++ and e too3 o++ do n #ain Street. Then a !o* got on our ass and -ones shit it and e !rashed. ,e all got out and some !o* told us to get on the ground. #e and Smith did but -ones too3 o++. I heard a gunshot and then some !o* *ut !u++s on me and Smith and *ut us in se*arate !o* !ars.

I didn?t see hat ha**ened to Smith but I heard he as shot and died.

I?m really sorry that e did this bad !rime. I ish I !ould ta3e it all ba!3 but I guess I !an?t. I as high on !ra!3. It as all -ones idea.

Signed: Charles ,est -r.

PRESENTENCE INVESTIGATION REPORT

Charles ,est -r.

CRIMINAL JUSTICE: Criminal history in+ormation ta3en +rom 9EIN% CCH% /ay County and Sagina and Probate !ourts: County "istri!t

PRESENTENCE INVESTIGATION REPORT

Juvenile His !"#: P"i!" C"i$in%l His !"#: O++en!e date: Arrest date: Arresting Agen!y: ChargeIsJ at arrest: Court o+ -urisdi!tion: Fin%l C&%"'e: Con:i!tion date1method: Senten!e date1dis*osition: Attorney Present: "is!harge date: $1)'1&''A $1)'1&''A /ay County Poli!e "e*artment Assault and /attery /ay County -u:enile Court Ass%ul %n( )% e"# ('1&1&''A Plea

('1&1&''A ( year *robation K ('' hrs. Community ser:i!e <es7 "on S!ammer N1A

O++en!e date: Arrest date: Arresting Agen!y: ChargeIsJ at arrest: Court o+ -urisdi!tion: Fin%l C&%"'e: Con:i!tion date1method: Senten!e date1dis*osition: Attorney Present: "is!harge date:

8181&''0 8181&''0 /ay County Poli!e "e*artment Possession o+ #ari@uana /ay County -u:enile Court P!ssessi!n !* M%"i+u%n% 81&;1&''0 81&;1&''0 treatment Plea ( year *robation K substan!e abuse

<es7 "on S!ammer N1A

PRESENTENCE INVESTIGATION REPORT

O++en!e date: Arrest date: Arresting Agen!y: ChargeIsJ at arrest: Court o+ -urisdi!tion: Fin%l C&%"'e: Con:i!tion date1method: Senten!e date1dis*osition: Attorney Present: "is!harge date:

('1(;1&''8 ('1(;1&''8 /ay County Poli!e "e*artment )rd degree retail +raud /ay County -u:enile Court ,"( (e'"ee "e %il *"%u( ((1&'1&''8 ((1&'1&''8 Plea <outh /oot Cam* Program

<es7 "on S!ammer #ay &''$

A(ul His !"#:

P"i!" C"i$in%l His !"#:

O++en!e date: Arrest date: Arresting Agen!y: ChargeIsJ at arrest: Court o+ -urisdi!tion: Fin%l C&%"'e: %u !$!/ile Con:i!tion date1method: Senten!e date1dis*osition: Attorney Present:

)181&'(' )181&'(' Sagina County Poli!e "e*artment

=nla +ully dri:ing a ay an automobile Sagina County Cir!uit Court A e$- e( unl%.*ull# ("ivin' %.%# %n 21)'1&'(' 21)'1&'(' Plea A months @ail K )A months *robation

<es7 Ima 9oser

PRESENTENCE INVESTIGATION REPORT

"is!harge date:

No:ember &'('

O++en!e date: Arrest date: Arresting Agen!y: ChargeIsJ at arrest: Court o+ -urisdi!tion: Fin%l C&%"'e: '"%$s Con:i!tion date1method: Senten!e date1dis*osition: Attorney Present: "is!harge date:

((1&;1&'(' ((1&;1&'(' Sagina County Poli!e "e*artment

Possession o+ !o!aine7 less than &; grams Sagina County Cir!uit Court P!ssessi!n !* 0!0%ine1 less &%n 23 (&1(;1&'(' (&1(;1&'(' :iolation Plea $' days @ail7 !on!urrent 1 *robation

<es7 Ima 9oser #ar!h &'((

Ins %n O**en0e:

O++en!e date: Arrest date: Arresting Agen!y: ChargeIsJ at arrest: Court o+ -urisdi!tion: Fin%l C&%"'e: Con:i!tion date1method: Senten!e date1dis*osition: Attorney Present: "is!harge date:

('1()1&'(& ('1()1&'(& Sagina County Poli!e "e*artment

Armed Robbery Sagina County Cir!uit Court L%"0en# ! % -e"s!n HO4 2n( !**en0e (&1(01(& ;1$1&'() Plea N1A

<es7 Robert "ogooder N1A

PRESENTENCE INVESTIGATION REPORT

GANG INVOLVEMENT:

The de+endant denies any gang in:ol:ement.

FAMILY:

5ather: #other:

Charles ,est Sr. "e!eased ($$8% at age ); Patri!ia ,est I#aiden: -anesJ% "O/ )1;1($;)% Se!retary in /ay City. 9i:es ith de+endant. &( E. #ain St. /ay City% #I. 280'8.

Sister:

>im Heath I#aiden: ,estJ "O/ ;1)1($8A% /an3 teller% 9i:es in /ay County. #arried to -im Heath. A& N. Cedar Rd. /ay City% #I. 280'8.

/rotherIsJ:

#i!hael ,est. "e!eased in A*ril &''8 at age &0. -ason ,est. "O/ 01($18$% auto me!hani! in /ay City. 8' Oa3land Street. /ay City% #i!higan% 280'8.

The de+endant as born in /ay City% #i!higan. He as one o+ t o !hildren in the +amily *arented by Patri!ia ,est and Charles ,est Sr. Charles ,est Sr. *assed a ay at ); years old in #ay o+ ($$8% due to natural !auses. The de+endant as only si6 years old at the time o+ his +ather?s death. The de+endant re*orts his #other as :ery de*ressed a+ter Charles Sr.?s death. The de+endant said his mother or3ed long hours% e:eryday and she as not around :ery mu!h. The de+endant said ith his +ather *assed a ay and the +reBuent absen!e o+ his mother% he be!ame de*ressed during his teenage years. His mother as a :ery 3ind oman and she did e:erything she !ould +or him and his sister% but she as +or!ed to or3 many hours to *ro:ide the best she !ould +or the +amily. He said that he had little *arental guidan!e and he turned to his +riends hen he needed *eo*le in his li+e. The de+endant re*orts

PRESENTENCE INVESTIGATION REPORT

that loo3ing ba!3 no % he realiGes that his +riends ere not the *ositi:e in+luen!e that he needed in his li+e.

The de+endant graduated +rom /ay City Central High S!hool in -une o+ &'('. He re+erred to himsel+ an a:erage student. He attended "elta College +or one semester +rom the dates August &'('7 "e!ember &'('. He dro**ed out a+ter that semester. The de+endant li:es ith his mother and has no re!ord o+ other *rior residen!es. The de+endant?s sister% >im heath% and mother% Patri!ia ,est ere both inter:ie ed and !on+irmed the de+endant?s statement about his +amily ba!3ground. They belie:e that the de+endant got in:ol:ed ith the rong !ro d at an early age and that may ha:e lead to his substan!e abuse and !riminal re!ord.

MARRIAGE: ,i+e: Girl+riend: The de+endant has ne:er been married. #arilyn Summers. "O/ ;181($$2% em*loyed as a !ashier at ,al7#art. 22;' /ridge Street% Sagina Son: #i!higan 28A'(.

/obby ,est. "O/ ((1)1&'(&% si6 months old. 9i:es ith mother.

The de+endant re*orts that he and his girl+riend ha:e been dating +or a little o:er a year. The de+endant?s girl+riend is t o years younger than him and they met in high s!hool. He said that they get along :ery ell and rarely ha:e +ights. He des!ribes the relationshi* and EhealthyF and he ants to !ontinue his relationshi* ith her and be a good +ather to his !hild. The de+endant said he tries to hide his substan!e abuse *roblem +rom his girl+riend be!ause he is a+raid she ill brea3 u* ith him and get +ull !ustody o+ their !hild.

The "e+endant?s girl+riend% #arilyn Summers% as inter:ie ed during a home :isit. She indi!ated that she has a Ede!entF relationshi* ith the de+endant. She stated that he ill disa**ear +or days on end ithout ans ering his *hone or !ommuni!ating ith her. She admits that the de+endant lo:es his son :ery mu!h but she !laims that he la!3s moti:ation to be a good +ather and his +riends !ome +irst in the relationshi*. She said that the de+endant rarely hel*s out ith the e6*enses o+ raising a !hild and he o+ten does not sho u* to see their !hild hen he says he ill. She said she is a are o+ the de+endant?s substan!e abuse *roblem but is hesitant to !on+ront him about it. She thin3s that it

PRESENTENCE INVESTIGATION REPORT

is @ust a +aGe and he ill gro out o+ it. She said she ould be de:astated i+ he as sent to *rison be!ause hen the de+endant is around% he is :ery hel*+ul and su**orti:e +or her. She !laims that she !an?t raise this !hild alone and she ants him to Egro u* and be a man.F

EMPLOYMENT: "ATES: TER#INATION ;1&1(&7 Present 8121((7 &1&01(& on @ob )1&&1('7 &1(1(( ((1&1'$7 (121(' +ood Charles ,est -r. Com+ort Inn Hotel #!"onald?s 9aundry room7 A.0; hr. Coo37 ;.&; hr. Luit 5ired7 Stealing The ,at!h Pla!e S*eed ay Gas Sales7 0.;' hr. Attendant7 0.'' hr. N1A 5ired7 Slee*ing E#P9O<EER -O/ TIT9E1,AGES REASON 5OR

The de+endant states that he +inally got a good @ob that he li3es and he ma3es good money doing it. He states that he +eels he is s3illed in sales and he +inally +ound his *assion. He admits that he as +ired +rom his @ob at #!"onald?s but he said he as not stealing +ood% he thought it as +ree +or the em*loyees to eat and as mu!h as they anted. His !urrent em*loyer% su*er:isor Red /uttons% said that ECharles is one o+ his best em*loyees.F He states that Charles does tend to !ome to or3 late and he is 3no n to not sho u* to or3 as ell% but hen he is there% he is his best sales man and he ma3es a lot o+ money +or the store. #r. /uttons said that he ill the de+endant as an em*loyee i+ he goes to @ail +or only a short time% but i+ it is more than t o or three months% he ill ha:e to +ind someone to re*la!e him.

The de+endant e6*lained the minor ga*s in his em*loyment history ere due to re!ession and he sim*ly !ould not +ind em*loyment. The de+endant also said that his *ending !harges and

PRESENTENCE INVESTIGATION REPORT

short @ail stays throughout his *ast made it di++i!ult to +ind em*loyment and many em*loyers turned him do n be!ause o+ this.

EDUCATION: Hi'& S0&!!l: The de+endant Graduated +rom /ay City Central High S!hool in -une o+ &'('. C!lle'e5A(v%n0e( De'"ees: "e+endant attended "elta College +or one semester +rom the dates August &'('7 "e!ember &'('. He dro**ed out a+ter that semester. V!0% i!n%l5O &e" T"%inin': None

SU)STANCE A)USE AND TREATMENT: The de+endant admits to ha:ing a substan!e abuse *roblem% although he do n*lays the se:erity o+ it. He is a are that be!oming de*endent on smo3ing !ra!3 !o!aine is a *roblem but he +eels that he has the *roblem under !ontrol and he !an Buit anytime. He !laims he smo3es !ra!3 !o!aine to relie:e stress and he belie:es it no di++erent than going to the bar and ha:ing a beer. He admits that he smo3es mari@uana regularly% but he does not see it as a drug. The de+endant sto**ed using during his one year *robation *eriod% hi!h he su!!ess+ully !om*leted. He then :iolated *robation in &'(' hen he re!ei:ed a *ossession o+ !o!aine under &; grams% hi!h he later *lead do n to a use o+ !o!aine misdemeanor. The de+endant is not !urrently in:ol:ed in any ty*e o+ substan!e abuse treatment *rogram or any ty*e o+ Esel+7 hel*F and1or (& ste* *rograms.

Charles ,est -r.

HEALTH:

PRESENTENCE INVESTIGATION REPORT

P&#si0%l He%l &:

The de+endant re*orts to be in good *hysi!al health.

Men %l He%l &:

The de+endant re*orts to be in good mental. He admits to being de*ressed as a teenager but he !om*leted +i:e treatment se!essions ith a /ay County so!ial or3er in &''A. She dis!ontinued treatment ith him and said he did not need any +urther re:ie . The de+endant has ne:er been *res!ribed medi!ation +or any mental health or anti7de*ression.

FINANCES:

In0!$e:

The de+endant re*orts a monthly in!ome o+ D$(;.''

Asse s:

The de+endant re*orts assets as +ollo s: ($$2 /ui!3 Regal :alued at D$''C *ersonal *ro*erty su!h as !lothes% TV% stereo% et!% :alued at D(%(''.

Li%/ili ies:

The de+endant re*orts that he does not ha:e any liabilities.