Case 2:10-cr-01047-ROS Document 381 Filed 10/23/12 Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 George Dibril Clark, III, 13 Defendant. 14 15 On October 22, 2012, the undersigned Magistrate Judge conducted a revocation of 16 pretrial release hearing pursuant to 18 U.S.C. 3148. The Government was represented by 17 AUSA Kathy Lemke. Defendant was present and represented by counsel, Gregory 18 Bartolomei. Court proceedings were electronically recorded. 19 Defendant voluntarily admitted that on October 4, 2012 he violated his pretrial release 20 condition that he refrain from any use of alcohol. 21 Proffers and arguments are presented to the Court. 22 The Court FINDS by clear and convincing evidence that on October 4, 2012, during 23 a home visit at Defendants residence in Golden Valley, Arizona conducted by Pretrial 24 Services Officers, Defendant provided two positive breathalyser samples, indicating he had 25 consumed an alcoholic beverage. The first reading was a .254 and the second was .229. In 26 addition, an odor of an intoxicating liquor emanated from Defendant. 27
The Court FURTHER FINDS by clear and convincing evidence that Defendant

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff, vs.

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CR-10-1047-001-PHX-ROS (DKD) ORDER

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Case 2:10-cr-01047-ROS Document 381 Filed 10/23/12 Page 2 of 2

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violated his pretrial release conditions by consuming intoxicating beverages on October 4,

2012. The Court FURTHER FINDS that Defendant consumed alcohol on, at least, September 29, 2010, December 2, 2010, and September 11, 2012. See doc. 377. The Court FURTHER FINDS that Defendant made attempts to conceal his alcohol usage from Pretrial Services Officers by using mouthwash. The Court FURTHER FINDS that Defendant was convicted of DUI-Liquor/Drugs, a misdemeanor, on December 17, 2008, in Scottsdale, AZ, and he has access to a motor vehicle at his residence. The Court FURTHER FINDS that Defendant was provided alcohol education and treatment while on release by Pretrial Services yet he continued to use alcohol. The Court FURTHER FINDS that Defendant is an active alcoholic who is unable or unwilling to refrain from the consumption of alcohol. The Court FURTHER FINDS that Defendant is unlikely to abide by a condition of release requiring him to refrain from the use of alcohol. The Court FURTHER FINDS that Defendants alcohol addiction and usage renders him a danger to the community. Based upon the above findings, Defendant concludes that Defendant is a danger to the safety of the community if released and no combination of conditions would reasonably assure the safety of the community were Defendant released. Accordingly, IT IS ORDERED that Defendant shall be detained as a danger to the community pending his sentencing on January 14, 2013 before Chief Judge Roslyn O Silver. Dated this 22nd day of October, 2012.

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