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United States v. Carver

United States District Court, W.D. Washington, Tacoma

December 3, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
AARON DALE CARVER, Defendant.

          ORDER ON DEFENDANT'S MOTION TO RECONSIDER JUDGMENT ON SUPERVISED RELEASE VIOLATION

          RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE

         THIS MATTER is before the Court on Defendant's Motion to Reconsider Judgment on Supervised Release Violation [Dkt. #47]. For the following reasons, the motion is DENIED.

         I. FACTS

         In July 2019, Defendant Carver was living with his girlfriend, Rebecca Glenn, who was working on her recovery from methamphetamine addiction. Glenn was attending intensive outpatient (IOP) classes with a circle of supportive classmates. One of these classmates was a man who could not drive. Glenn occasionally drove him to class. When Glenn told Carver about the rides, he became increasingly bothered. Glenn therefore agreed not to give her classmate any rides in the future.

         On the evening of July 11, 2019, while Glenn was at her IOP class, Carver's anger spilled over. First, Carver texted Glenn approximately 24 times. He then drove to Glenn's class and confronted her in the parking lot during one of her class breaks. In Glenn's description, “he was breathing really heavy . . . . He was kind of sweating, actually.” Carver accused Glenn of flirting with her classmate and disparaging him. When Glenn tried to end the conversation so that she could go back into class, Carver left with her phone.

         That evening, after seeking assistance from her father and her friends, Glenn eventually decided to return to the residence she shared with Carver. She arrived just after midnight, in the early morning of July 12. When she arrived, Carver again confronted her and ordered her to give him the keys to her car. He then struck her in the face with a closed fist.

         After the punch, Carver was distracted with a call to Glenn's father. As Carver later testified, he left a voice message with her father bragging about beating up his “parasite daughter.” Carver also threatened to kill Glenn's father by burning down his trailer with him inside of it.

         While Carver was so distracted, Glenn made a run for it, heading to the nearest neighbor who happened to be Carver's father, Wayne Carver. Carver took off after her. When Glenn reached Wayne Carver's house, Wayne Carver let her in, and she locked herself in his bathroom. Wayne Carver also let his son in, and Carver stood outside the bathroom where he threatened her: “You're lucky I didn't kill you, ” Carver said. When Glenn remained in the locked bathroom, Carver eventually gave up and returned to his house. Wayne Carver then ordered Glenn to leave.

         After leaving Wayne Carver's house, Glenn ran into some nearby woods to hide, still fearful of Carver. Without a phone or access to her home, she was unable to call for any help.

         While she was hiding, she heard two vehicles. They were police vehicles, and when Glenn got their attention, they offered her assistance. These events led to charges of violations of conditions of supervised release against Carver.

         Following the assault on July 12, while the supervision violations were pending, Carver emailed Glenn with an affidavit for her to sign in violation of a local no-contact order. The draft affidavit claimed Glenn was under the effects of emotional duress and various medications and therefore was not a credible witness. The affidavit denied the assault or any threats. Carver hinted that he would give her title to her car if she signed the affidavit.

         II. PROCEDURAL HISTORY

         On July 12, 2019, Probation issued a violation report alleging assault in the fourth degree-domestic violence, interfering with domestic violence reporting, and threats to kill. On July 29, 2019, Probation alleged supplemental violations for no-contact order violations. Probation also submitted a Sentencing Recommendation in which it identified the no-contact order violation as felony, thus leading to a Class B violation of supervision. Based on that conclusion, Probation calculated the Guidelines range as 18 to 24 months.

         On July 31, 2019, the Court held an evidentiary hearing on the violations. It found that the government proved the alleged violations of DV assault and the no-contact order violation. Without any objection to Probation's calculation or any ...


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