Case 1:11-mj-01078-BNB Document 14

Filed 06/22/11 USDC Colorado Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 11-mj-01078-BNB UNITED STATES OF AMERICA, Plaintiff, v. 1. KYLE DEVIN PEARCE, Defendant.

MOTION TO REVOKE BOND AND ISSUE ARREST WARRANT

The United States of America, by and through Jeremy Sibert, Assistant United States Attorney for the District of Colorado, moves this Court for an order revoke the defendants bond and for an order directing the Clerk of the Court to issue an arrest warrant for the defendant on the ground he has violated the conditions of his bond and in support therefor, the government advises the Court of the following: 1. On May 24, 2011, the defendant was released on bond. One of the conditions of his bond was that he reside at a halfway house. One of the conditions of residing at a halfway house is that the defendant comply with all rules and conditions of such residence imposed by the halfway house. 2.. On June 22, 2011, Senior Probation Officer Garret Pfalmer submitted to the undersigned a Notice of Violation Memorandum which detailed the fact that the defendant has repeatedly failed to comply with the rules and regulations of Independence House, the halfway house to which the defendant had been released. [see exhibit 1, attached hereto].

Case 1:11-mj-01078-BNB Document 14

Filed 06/22/11 USDC Colorado Page 2 of 3

WHEREFORE, the United States moves the Court to direct the Clerk of the Court to issue an arrest warrant for the arrest of the defendant for this violation of his bond conditions. Dated this 22nd day of June, 2011. Respectfully submitted, JOHN F. WALSH United States Attorney By: s/Jeremy Sibert JEREMY SIBERT Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 Facsimile: (303) 454-0406 E-mail: Jeremy.Sibert@usdoj.gov Attorney for Government

Case 1:11-mj-01078-BNB Document 14

Filed 06/22/11 USDC Colorado Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 22nd day of June, 2011, I electronically filed the foregoing MOTION TO REVOKE BOND AND ISSUE ARREST WARRANT with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:

Matthew Kyle Belcher Matthew_Belcher@fd.org,COX_ECF@fd.org

s/Valerie Nielsen VALERIE NIELSEN Legal Assistant to Robert Brown U.S. Attorneys Office 1225 17th Street, Suite 700 Denver, CO 80202 Phone: 303-454-0100 Fax: 303-454-0403 E-mail address: valerie.Nielsen@usdoj.gov

Case 1:11-mj-01078-BNB Document 14-1

Filed 06/22/11 USDC Colorado Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 11-mj-01078-BNB UNITED STATES OF AMERICA, Plaintiff, v. 1. KYLE DEVIN PEARCE, Defendant.

ORDER GRANTING GOVERNMENTS MOTION FOR REVOCATION OF BOND

THIS MATTER, coming to be considered on the Government's motion, under 18 U.S.C. 3148, for the issuance of a warrant for the immediate arrest of defendant Kyle Devin Pearce and setting a hearing with respect to the Governments Motion to Revoke the defendants pretrial release, on the grounds that this defendant has failed to comply with conditions of pretrial release, and this Court, after having the opportunity to review the Governments Exhibit, and being otherwise fully advised in the premises, it is hereby ORDERED that the Government's motion is hereby GRANTED. Therefore, a warrant for the arrest of defendant Kyle Devin Pearce shall issue FORTHWITH for the purpose of bringing the defendant before this Court for a hearing under 18 U.S.C. 3148.

Case 1:11-mj-01078-BNB Document 14-1

Filed 06/22/11 USDC Colorado Page 2 of 2

IT IS SO ORDERED on this

day of June, 2011.

UNITED STATES MAGISTRATE JUDGE DISTRICT OF COLORADO

-2-

Case 1:11-mj-01078-BNB Document 14-2

Filed 06/22/11 USDC Colorado Page 1 of 2

M E M O R A N D U M
To: Jeremy S. Sibert Assistant United States Attorney

From: Garret Pfalmer Senior United States Probation Officer Date: June 22, 2011 Re: Kyle Devin PEARCE Docket No.: 11-mj-01078-BNB-01 NOTICE OF VIOLATION

On May 24, 2011, the defendant was released on bond with various conditions, including residence at a halfway house or community corrections center, as the pretrial services office or supervising officer considers necessary. The defendant has maintained said residence at Independence House South Federal, Denver, Colorado, since his release; however, he has failed to abide by the rules of that facility and is now being expelled. As the Court was made aware prior to the change of plea hearing, the defendant had been engaging in misconduct at the community correction facility, which included: associating with female residents, showing disrespect toward staff, and abusing his prescription medications. The latter of the aforementioned is again the most problematic as the defendant is either abusing his medications, or he is providing them to other residents. Either way, his medications are disappearing without explanation, and he is the only person having access to them. I am aware that the defendants conduct was addressed by Magistrate Judge Tafoya at the change of plea hearing, and I was hopeful the defendant would respond to such. Since that time, I have received additional reports from the community corrections center alleging that the defendant has continued to engage in problematic conduct. Specifically, the defendants case manager has provided me with the following information regarding misconduct: On June 12, 2011, community corrections staff conducted an audit of the defendants Alprazolam and Hydrocodone medications. It was discovered that 18 Alprazolam and 10 Hydrocodone were missing from the defendants bottles. On June 13, 2011, the defendant was caught by community corrections staff attempting to take two pills of Alprazolam, instead of the one pill he is prescribed to take by his treating practitioner. On June 13, 2011, the defendant received a write-up for being unaccountable as his whereabouts were unknown for three hours after completing his presentence investigation interview.
Page 1 of 2

Case 1:11-mj-01078-BNB Document 14-2

Filed 06/22/11 USDC Colorado Page 2 of 2

On June 14, 2011, the community corrections center received information from Swedish Medical Center, Englewood, Colorado, indicating that while the defendant attended said facility for a medical issue, he was caught attempting to steal needles, syringes, and alcohol pads from a supply cart. The defendant was reportedly confronted by a nurse who observed him; however, hospital security was not notified. The matter was later referred to the Englewood Police Department, but there is no current indication that charges will be filed. Additionally, a case manager at Swedish Medical Center advised that the hospital had been contacted by a Walgreens Pharmacy, notifying the defendant had filled prescriptions. The community corrections center has no record of the defendant receiving prescriptions from Swedish Medical Center, or having them in his possession when he returned to the community corrections center. On June 15, 2011, the defendant signed out of the community corrections center to attend a medical appointment at Swedish Medical Center, Englewood, Colorado, advising that he was to have an MRI. The defendant advised staff that his appointment was scheduled for 10:30 a.m. At approximately 3:30 p.m., community corrections staff was contacted by Englewood Urgent Care stating that they needed to know what medications the defendant was currently prescribed. Community corrections staff advised that the defendant was to have attended an appointment at Swedish Medical Center. The urgent care advised that the defendant had stated he disliked the treatment he was receiving at Swedish and left to attend the urgent care facility. The urgent care staff advised that the defendant had disclosed he was currently prescribed Hydrocodone and Lisinopril. The staff was advised of the defendants correct medications and the fact that he was not currently in need of any additional medications. In response to the aforementioned, I was contacted on June 16, 2011, and advised the community corrections center has rejected the defendants placement, effective immediately. The defendant has been found to show no desire to follow the rules and regulations set forth by the community corrections center program. He has continued to abuse his prescription medications, he continues to be unaccountable whenever he is permitted to leave the community corrections center, and was recently involved in a physical altercation with another resident. The defendants physical safety has now become a concern and he is no longer viewed as being acceptable for placement at the facility. Based on the aforementioned, it is respectfully recommended that a motion to revoke the defendants bond be filed forthwith, and that a warrant be issued for his arrest. Respectfully submitted, s/ Garret Pfalmer Garret Pfalmer Senior U.S. Probation Officer 303-335-2510

Approved:

s/ Christopher J. Perez Christopher J. Perez Supervising U.S. Probation Officer 303-335-2425

cc:

Kathleen M. Tafoya, United States Magistrate Judge Boyd N. Boland, United States Magistrate Judge
Page 2 of 2

Case 1:11-mj-01078-BNB Document 14-3

AO 442 (Rev. 01/09) Arrest Warrant

Filed 06/22/11 USDC Colorado Page 1 of 2

UNITED STATES DISTRICT COURT

for the

District of Colorado __________ District of __________

United States of America v.
KYLE DEVIN PEARCE

) ) ) ) )

Case No.

Defendant

ARREST WARRANT
To: Any authorized law enforcement officer YOU ARE COMMANDED to arrest and bring before a United States magistrate judge without unnecessary delay
(name of person to be arrested)

KYLE DEVIN PEARCE

who is accused of an offense or violation based on the following document filed with the court: Indictment Superseding Indictment Information Superseding Information Violation Notice Complaint Order of the Court

Probation Violation Petition

Supervised Release Violation Petition

This offense is briefly described as follows:

Violations of conditions of bond, 18 USC Section 3142.

Date:
Issuing officers signature

City and state:

Printed name and title

Return This warrant was received on (date) at (city and state) Date:
Arresting officers signature

, and the person was arrested on (date) .

Printed name and title

Case 1:11-mj-01078-BNB Document 14-3

AO 442 (Rev. 01/09) Arrest Warrant (Page 2)

Filed 06/22/11 USDC Colorado Page 2 of 2

This second page contains personal identifiers provided for law-enforcement use only and therefore should not be filed in court with the executed warrant unless under seal. (Not for Public Disclosure) Name of defendant/offender: Known aliases: Last known residence: Prior addresses to which defendant/offender may still have ties: Last known employment: Last known telephone numbers: Place of birth: Date of birth: Social Security number: Height: Sex: Hair: Scars, tattoos, other distinguishing marks: Weight: Race: Eyes:

History of violence, weapons, drug use: Known family, friends, and other associates (name, relation, address, phone number): FBI number: Complete description of auto: Investigative agency and address: Name and telephone numbers (office and cell) of pretrial services or probation officer (if applicable):

Date of last contact with pretrial services or probation officer (if applicable):

Print

Save As...

Reset