PUBLIC INFORMATION. INFORMATION REQUIRED TO BE PLACED ON THE GUAM FAMILY VIOLENCE REGISTRY

Transcription

1 PUBLIC INFORMATION. INFORMATION REQUIRED TO BE PLACED ON THE GUAM FAMILY VIOLENCE REGISTRY (This information SHALL be placed onto the public registry pursuant to (c)) Full Name, to include Alias Full Name: Jefferson DANIEL (30.200(c)(1)) Alias, if any: Bobo Sowas; Jeff Daniels; Jeff Daniel Date of Birth (30.200(c)(1)) 03/28/1982; 03/28/1983; 09/05/1982; 06/19/1993 Person s last known address Homeless, Tamuning, Guam (30.200(c)(2)) Physical description Hair Color: Black Eye Color: Brown Height: 5 4 Weight: 135 (30.200(c)(3)) Ethnicity: Chuukese Tattoos: Unknown Scars/Marks: Unknown Recent photograph of Photograph provided by: person (30.200(c)(3)) Dept of Corrections Classification of Offender: Level 1 Level 1: Any person who on two occasions or more have been convicted of a family, domestic, or dating violence, and/or stalking offense Level 2: any person who is convicted of one offense of family, domestic, or dating violence, and the conviction is with the special allegation of the use of a deadly weapon, or an additional charge of criminal sexual conduct against a minor, or an additional charge of any sex offenses against a family member List of offenses for which person is convicted of two (2) or more cases of domestic violence, family or dating violence and/or stalking (30.200(c)(4)) The date of conviction for each offense (30.200(c)(4)) Punishment prescribed for each offense (30.200(c)(4)) Case Number: CF Offense: Family Violence (As a Misdemeanor), lesser included offense of Family Violence (As a 3 rd Degree Felony) Case Number: CF Offense: Family Violence (As a Misdemeanor) CF163-14: May 9, 2014 (Plea Agreement) CF512-09: March 30, 2010 (Judgment Pursuant to Plea Agreement) For CF163-14: The Attorney General and Defendant, in consideration for the Defendant s plea of guilty and cooperation, agree to the following: a. That as to the charge of FAMILY VIOLENCE (As a Misdemeanor), as a lesser-included offense of Family Violence (As a 3 rd Degree Felony), the Defendant shall be sentenced to one (1) year

2 imprisonment at the Department of Corrections in Mangilao, all but thirty (30) days suspended, with credit for time served; b. Defendant shall pay a One Hundred Dollar ($100.00) fine, plus court costs. Defendant acknowledges that he has the ability to pay this fine. All or part of the fine imposed may be worked off through community service at the current minimum wage rate per hour; c. Defendant shall pay restitution, if any, to [victim name omitted] in an amount to be determined by the Court at a restitution hearing. Defendant may pay said restitution in monthly installments and shall pay it in full prior to the termination of his parole. Failure to pay restitution within the period of parole is a violation of parole, but nevertheless shall survive the term of parole; d. Upon the Defendant s release from imprisonment, he shall be placed on parole for two (2) years with the following recommended conditions: i. Defendant shall report to Guam Behavioral Health and Welfare Center (GBHWC) for intake and assessment. The Defendant shall follow all treatment recommendations including psychological evaluation, psychiatric evaluation, drug and alcohol evaluation, individual counseling, group counseling and/or family counseling. All recommended courses of treatment shall be forwarded to Parole Services Division; ii. iii. iv. Defendant shall undergo Anger Management treatment; Defendant shall perform eighty (80) hours of community service, which may be converted to a fine at the current minimum wage rate per hour; Defendant shall not harass, threaten, physically strike, or injure the victim, [victim name omitted], or any other family or household members, whether named in the order or not. Defendant shall refrain from threatening to commit or committing acts of family violence against, or from harassing or molesting [victim name omitted], or any other family or household members; v. Defendant shall not contact [victim name omitted] and stay away, directly and indirectly, from [victim name omitted], until the Defendant starts anger management treatment and/or counseling, either in person, through a third party, including a family member or friend, by telephone, text message, electronic device, , letter, or any other form of communication, and shall not come within five hundred (500) feet of [victim name omitted]; vi. Defendant shall not possess or consume any alcoholic beverage, or any illegal controlled substance or intoxicants;

3 vii. Defendant shall stay away from all firearms, and is not to possess, carry, transfer, or use any firearm, including Air Soft weapons/pistols/rifles, or other deadly weapons. Defendant shall surrender any and all firearms, firearm identifications, and firearm permits in the Defendant s control and/or possession to Adult Probation Services until disposition of this case, and shall not live in any residence where firearms are present. It is a violation of federal law under 18 USC 922 for any person subject to an order of protection or convicted of a crime of domestic violence to ship, transport, possess, or receive firearms or ammunition, except as required during the course of duty for military or law enforcement employment pursuant to 18 USC 925 viii. Defendant shall permit parole officers to search the Defendant s person, residence, and vehicles for firearms, alcoholic beverages and illegal controlled substances at any time such a search is requested. Failure to allow such a search will be considered a violation of parole; ix. Defendant shall turn in his passport, and/or other travel documents to the Parole Services Division; x. Defendant shall not leave Guam without the approval of the Parole Services Division; xi. Defendant shall comply with any other conditions imposed by Parole Services Division; and xii. Defendant shall obey all local and federal laws. e. Failure by the Defendant to follow any of his conditions of parole may result in sanctions, including imprisonment, being imposed by the Parole Board pursuant to 9 GCA 80.82, 80.84, and 80.86; and f. Upon the Court s acceptance of defendant s guilty plea, the People will agree to dismiss all remaining charges against the Defendant as contained in the Indictments filed in this case. For CF512-09: That for the offense of FAMILY VIOLENCE (As a Misdemeanor), the Defendant is sentenced as follows: a. That as to the charge of FAMILY VIOLENCE (As a Misdemeanor), the Defendant shall be sentenced to serve one (1) year imprisonment at the Department of Corrections, all suspended, with credit for time served; b. Defendant shall pay a fine of two hundred fifty ($250) dollars, plus court costs. Defendant acknowledges that he has the ability to pay this fine. All or part of the fine imposed may be converted to community service hours under the direction of the Alternative Sentencing Office, at the current minimum wage rate per hour; c. Defendant shall pay full restitution, if any, arising out of each charge in the complaint, an amount to be determined by Court

4 at a restitution hearing, pursuant to the limitations set in 9 G.C.A (e). Defendant shall pay said restitution in monthly installments to be arranged by the Adult Probation Office and shall pay it in full prior to the termination of the probationary period. However, in the event restitution is not paid by the expiration of probation, the obligation for restitution shall survive; d. Defendant shall be placed on supervised probation for a period of two(2) years, during which time the following terms and conditions of probation shall be imposed; i. That the Defendant shall perform two hundred (200) hours of community service work under the direction of the Alternative Sentencing during his probationary period. ii. Defendant shall not threaten, physically strike, or injure the victim, [victim name omitted]; iii. Defendant shall report to the Client Services and Family Counseling Division of the court for intake and assessment. The Defendant shall follow all treatment recommendations including psychological evaluation, psychiatric evaluation, drug and alcohol evaluation, individual counseling, group counseling and/or family counseling; iv. Defendant shall report to the Department of Mental health and Substance Abuse for an intake and a drug and alcohol assessment, and follow all treatment plans as may be recommended by the Department of Mental Health and Substance Abuse drug and alcohol assessment counselor; v. Defendant shall attend and successfully complete an alcohol treatment program and shall pay the $200 tuition fee for the program, or attend and successfully complete other counseling program recommended by the Court; vi. Defendant shall report to the Adult Probation Office once a month in person, or as ordered by the Adult Probation Office; vii. Defendant shall not possess or consume any alcoholic beverages or illegal drugs, and shall not enter any establishments whose primary business is the sale of alcoholic beverages; viii. Defendant shall stay away from all firearms, and is not to possess, carry, transfer, or use any firearms; ix. Defendant shall not apply for, possess, or own a firearm identification card; x. Defendant shall submit to alcohol and drug testing under the supervision of the Adult Probation Office. xi. Defendant shall permit probation officers to search his

5 xii. xiii. xiv. person, residence, and vehicles for firearms, alcohol and illegal drugs at any time such a search is requested. Failure to allow such a search will be considered a violation of probation; Defendant shall surrender his passport and/or other travel documents, if any, to the Adult Probation Office; Defendant shall not leave Guam without the approval of the Court or Adult Probation Office, with prior notice being given to the Office of the Attorney General, Prosecution Division; Defendant shall comply with any court orders entered against the Defendant, including orders of family court or any other local or federal court of competent jurisdiction; xv. Defendant shall abide by any other reasonable conditions imposed by the Court or the Adult Probation Office; and xvi. Defendant shall obey all federal and local laws of Guam. No parole conditions shall apply. e. Defendant shall report to the Adult Probation Office within fortyeight (48) hours of sentencing for intake and processing; f. Should the defendant complete the above conditions before the expiration of his supervised probationary period, the defendant will be placed on unsupervised probation for the remaining portion of his probation period; g. Failure of the Defendant to follow all of his conditions of probation will result in a hearing to revoke probation at which time the court may impose the maximum penalty allowable under the statute charged; and Pursuant to the Plea Agreement, the Court hereby dismisses the remaining charges of ASSAULT ON A PEACE OFFICER (As a 3 rd Degree Felony), ASSAULT (As a Misdemeanor) and RESISTING ARREST (As a Misdemeanor), filed in the indictment October 13, Indication as to whether the person was discharged, placed on probation, or community supervision, or release on parole or to mandatory supervision following the conviction for each offense (30.200(c)(5)) Cross Reference of crimes: Shall be listed as Additional Information on FV Registry CSC and/or Aggravated Assault (30.200(a)(1 For CF163-14: Defendant placed on Parole for two (2) years. For CF512-09: Defendant placed on supervised probation for a period of two (2) years.