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In re Hardwick

United States District Court, E.D. Washington

June 13, 2019

Robert Lawrence Hardwick

          Asst. U.S. Attorney: Matthew F. Duggan

          PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION

          Honorable Wm. Fremming Nielsen, 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 01/04/2019, and 01/18/2019.

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

         Violation Number Nature of Noncompliance

         5 Standard Condition # 16: If the defendant is arrested or has any official contact with a law enforcement officer in a civil or criminal investigative capacity, the defendant must notify the probation officer within 72 hours.

         Supporting Evidence: On May 10, 2019, Robert Hardwick had law enforcement contact that he failed to report to this officer.

         On March 5, 2018, an officer from the U.S. Probation Office in Spokane, Washington, reviewed a copy of the conditions of supervision with Mr. Hardwick as outlined in the judgement and sentence. He signed a copy acknowledging the requirements.

         On May 15, 2019, the undersigned officer received notification from the Spokane Police Department (SPD) that they had made contact with Mr. Hardwick. According to SPD, they received a complaint of disorderly behavior by the river at approximately 7:41 p.m. The caller, a range safety officer who was looking to close the park, informed dispatch that two unknown subjects were making out and were believed to be intoxicated. When he asked them to leave the park, they began dancing on the hood of their vehicle and the male subject later “mooned” the female and began taking his clothes off. When they finally did leave the river, they “flipped” him off as they left.

         Due to the complainant providing dispatch with the license plate of the vehicle the subjects were driving, officers were able to locate the vehicle and conducted a traffic stop. According to officers involved in that stop, they located two women and one male in the vehicle and that male was identified as Robert Hardwick. They noted the driver was the only one in the vehicle who was not drunk.

         This officer was also able to review video footage of the traffic stop. In the footage, Mr. Hardwick can be seen in the front passenger seat of the vehicle while he provided the police officer with his personal information. After learning from dispatch that the offender is on federal supervision, the officer asks if he is supposed to be drinking and Mr. Hardwick responded “no.” The officer then recommended he contact his assigned probation officer as soon as he can to advise of the situation; Mr. Hardwick failed to do so.

         On May 16, 2019, the client reported to the U.S. Probation Office (USPO) as instructed by this officer. When confronted with the information received from SPD, he responded he didn't think it was a big deal. When asked about whether or not he was consuming alcohol prior to his contact with law enforcement, the offender became very upset and stated “everyone always just believes the cops!”

         6 Special Condition # 19: The defendant shall undergo a substance abuse evaluation and, if indicated by a licensed/certified treatment provider, enter into and successfully complete an approved substance abuse treatment program, which could include inpatient treatment and aftercare upon further order of the Court. The defendant shall contribute to the cost of treatment according to his ability to ...


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