United States District Court, W.D. North Carolina, Bryson City Division
DENNIS L. HOWELL, Magistrate Judge.
THIS CAUSE came on to be heard before the undersigned upon a Violation Report (#26) and a first Addendum Violation Report (#27) and a Second Addendum Violation Report (#28), all alleging that Defendant has violated terms and conditions of his prehearing release. At the call of this matter on for hearing it appeared Defendant was present with his counsel, Attorney David Belser, and the Government was present through Assistant United States Attorney, David Thorneloe. From the evidence offered and from the statements of the Assistant United States Attorney and the attorney for Defendant, and the records in this cause, the Court makes the following findings.
Findings: At the call of the matter, the Defendant, by and through his attorney, admitted the allegations contained in the Violation Report, the first Addendum to Violation Report and the Second Addendum to Violation Report. The Government introduced, without objection, the Violation Reports into evidence.
It was alleged in a Petition (#18) filed on February 18, 2014 that Defendant had violated terms and conditions of his supervised release. A hearing was held in regard to the detention of Defendant on March 14, 2014 and on that date the undersigned entered an Order (#26) releasing Defendant on a $25, 000 unsecured bond. The undersigned further set conditions of release which included the following:
(1) The defendant must not violate any federal, state or local law while on release.
(8)(y)That by Tuesday March 25, 2014 the defendant is to present to U.S. Probation Officer Mark Corbin in his office, documentation that he has went for the assessment and evaluation and thereafter every Tuesday he must bring documentation to show his progress of his treatment. If the defendant misses one treatment it is to be reported back as a violation. The defendant also is not to strike or assault anyone while on release.
8(j) Defendant to avoid all contact, directly or indirectly, with any person who is or may become a victim or potential witness in the investigation or prosecution, including the victims Darlene Lossiah and Lena Wilson.
8(o) That defendant refrain from any use of alcohol.
Defendant violated the condition of supervision that required that he obtain domestic violence treatment. Defendant was to begin treatment on March 24, 2014 and Defendant did not do so and did further not report to the United States Probation Office on Tuesday, March 25, 2014.
On March 14, 2014, Defendant went to the home of the victim Darlene Lossiah and at that time had in his possession a firearm. Defendant retrieved a baseball bat and inflicted personal property damage on the vehicle of Ms. Lossiah. On April 15, 2014, Defendant was arrested by U.S. Marshals at the residence of Darlene Lossiah who is a victim in this case and is a person whom Defendant was not to be in contact with, directly or indirectly. On April 15, 2014 Defendant was arrested and was found to be under the influence of alcohol and when tested had a.30 blood alcohol content.
Discussion. 18 U.S.C. § 3148(b)(1) provides as follows: The judicial officer shall enter an order of revocation and detention if, after a hearing, the judicial officer -
(1) finds that there is -
(A) probable cause to believe that the person has committed a Federal, State, or local ...