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In re Day

United States District Court, E.D. Washington

June 1, 2018

Jason Patrick Day

          Asst. U.S. Attorney: Russell E. Smoot

          The Honorable Edward J. Lodge, Senior U.S. District Judge.

          PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION

          THE HONORABLE LONNY R. SUKO, SENIOR U.S. DISTRICT JUDGE

         PETITIONING THE COURT

         To issue a WARRANT and to incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously reported to the Court on 05/14/2018.

         The probation officer believes that the offender has violated the following condition(s) of supervision:

         Violation Number Nature of Noncompliance

3 & 4 Mandatory Condition # 1: You must not commit another Federal, state, or local crime.
Mandatory Condition # 2: You must not unlawfully possess a controlled substance, including marijuana, which remains illegal under federal law.
Supporting Evidence: On October 19, 2017, Mr. Jason Day signed his conditions for case number 2:14CR00172-LRS-1, indicating he understood all conditions ordered by the Court. Specifically, Mr. Day was made aware by his U.S. probation officer that he was required to refrain from the commission of any federal, state or local crime, and he was required to refrain from the possession of any controlled substance.
Mr. Day is alleged to have violated mandatory conditions number 2 and 3, by having in his possession on May 31, 2018, at the time of his arrest and subsequent booking into the Spokane County Jail, a clear plastic baggy with a crystal like substance that field tested positive for methamphetamine.
Specifically, on May 31, 2018, Spokane police officers contacted Mr. Day at a residence other than his approved residence located on East Broad in Spokane, Washington, at which time he was taken into custody for an outstanding Washington State Department of Corrections warrant. Following officer's attempt to take Mr. Day into custody, Mr. Day became resistive and was described by officers as “actively and physically resisting officer's attempt to control and handcuff him.” Additionally, Mr. Day was described as not following officer's directives, reaching for his waist area, kicking out with his feet during arrest, physically keeping his hand pinned under his body so it could not be accessed by law enforcement, yelling at officers, and diving toward his right front pocket, even while restrained, in which a pocket knife was later located. Washington State Department of Corrections officers would later also report finding and securing a “switch blade” knife attached to a necklace being worn by the client as well as locating a “machete” in his vehicle.
Following medical clearance, as Mr. Day had reported injury during arrest, Mr. Day was booked into the Spokane County Jail, at which time a white crystal like substance, which field tested positive for methamphetamine, was located on his person.
According to the police report received in this matter, Mr. Jason Day was booked into the Spokane County Jail for Possession of a Controlled Substance, in violation of R.C.W. 69.50.4013, a Class C Felony. The report also notes probable cause exists to charge the client with resisting arrest, but he was only booked on the new felony charge and his Department of Corrections ...

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