Adult Felony Pre-Sentence Investigation

ADULT FELONY PRE-SENTENCE INVESTIGATION STATE OF MINNESOTA, DEPARTMENT OF CORRECTIONS COURT FILE # 01-02-1234 DATE AGENT: SUPERVISOR: JUDGE: PREPARED: Chad Prekker Victor Moen John P. Law 05/13/2009

C L I E N T I N F O R M A T I O N NAME: DOB: Tony NMN Jones 06/12/74 ALIAS NAME: ALIAS DOB:

ADDRESS: PHONE: COUNTY OF RESIDENCE: Mailing: (218)555-1234 Itasca 123 Anystreet Grand Rapids, MN 55744

Physical: 123 Anystreet Grand Rapids, MN 55744 BIRTHPLACE: GENDER: RACE: Minneapolis, MN Male White SSN: DL: HEIGHT: WEIGHT: 123-45-6789 6-0 200 STATE ID #: FBI #: CSTS CLIENT #: MISC. # / TYPE:

RELIGIOUS EYES: HAIR: BUILD, COMPLEXION, SCARS, MARKS OR TATTOOS: PREFERENCE: N/A Green Blonde Tattoos: upper left arm; scar R Chest

O F F E N S E I N F O R M A T I O N COURT FILE #: OFFENSE / STATUTE #: 01-02-1234 F-Controlled Substance Crime in the Fifth Degree, 152.025 Subd. 2(1) and Subd. 3(a) GM-Third Degree Driving While Impaired, 169A.20 Subd. 1(1) and 169A.26

COUNTY OF CONVICTION: VERDICT or PLEA? DATE: PROSECUTING ATTORNEY: Itasca Plea 04/27/09 Todd Webb OFFENSE LEVEL: JAIL TIME: DEFENSE ATTORNEY: Felony 02/13/09 (1 day) Anne Marcotte OFFENSE DATE: BOND: ICR #: 02/13/2009 ROR’d WHERE OFFENSE COMMITTED: DATE ARRESTED: SJIS #: Itasca County 02/13/09 ARRESTING OFFICER: ARRESTING AGENCY: ACCOMPLICES: Trooper Engeldinger MN State Patrol N/A

Investigation-PSI 1/04 “Tony” Pre-Sentence Investigation File # 01-02-1234 “Today” Page 2 of 7

PLEA NEGOTIATION: On 04/27/09, the Defendant entered a plea of guilty to Count 1, Controlled Substance Crime in the Fifth Degree that calls for a stay of adjudication. Defendant is also entering a plea of guilty to Count 2, Third Degree Driving While Impaired that calls for a stay of execution. The third charge will be dismissed as part of the plea agreement. The plea agreement in this case calls for:  5 years supervised probation.  30 days jail.  Pay $1065 in fines.  Complete a Rule 25 Assessment and follow all recommendations, including aftercare.  Do not use, possess or purchase alcohol or controlled substance.  Do not enter establishments selling or serving alcohol.  Submit to random testing and spot checks.  DNA sample.  UA’s as recommended by agent or Bi Weekly.  Full time employment or school or 20 hours CWS.  Review hearing 6 months after sentencing.

OFFICIAL VERSION: On 02/13/09 at 11:57 p.m., Trooper Engeldinger observed a vehicle cross the centerline on Highway 169 near Harris Town Road. Said trooper also noted that the vehicle was weaving and had suspended objects from the rear view mirror. Said trooper initiated a traffic stop and identified the driver as Tony NMN Jones. In speaking with Tony, said trooper noted the following regarding Tony: strong odor of an alcoholic beverage coming from the vehicle, blood shot eyes and watery eyes, and dilated pupils. Tony stated that he had quite a bit to drink at the Blackcherry Lounge. Said trooper administered field sobriety tests to Tony, which he filed. Tony was arrested and said trooper later searched Tony and the vehicle. Said trooper located about six grams of marijuana Tony’s front pants pockets and four individually wrapped baggies of marijuana weighing about 67 grams from under the front driver’s seat. Tony stated that he had smoked two bowls of marijuana and that he could feel the effects of marijuana. Said trooper administered a PBT to Tony, which revealed an alcohol concentration of .088. Said trooper was not able to locate proof of insurance for the vehicle.

He was transported to jail. At 12:51 a.m./ Tony submitted to a breath test, which revealed an alcohol concentration of .07. Said trooper administered a drug recognition evaluation to Tony, and said trooper determined that Tony was under the influence of cannabis and alcohol. He later submitted to a urine test.

Said trooper later spoke with Tony regarding the incident. He stated the marijuana in the vehicle was his, that the vehicle is his, and that he did not know the value of the marijuana. Records indicate that on October 30, 2000 he was convicted of a DWI in Michigan.

DEFENDANT’S VERSION: Defendant has read the official complaint and the only correction was the doubt of crossing the centerline. He added that he is too honest with the Trooper and incriminated himself. “Tony” Pre-Sentence Investigation File # 01-02-1234 “Today” Page 3 of 7

P R I O R R E C O R D DATE OF OFFENSE LOCATION DATE AND DISPOSITION OFFENSE (COUNTY, STATE) FELONY: None

GROSS / MISDEMEANOR: 4/09/2000 M Poss SM AMT MJ/MV-Drivr Itasca County 21 days, fined $245. after surcharges 4/09/2000 Petty Poss Drug Paraphe Itasca County Fine concurrent with Sm Amt $175 in MJ/MV charge 10/27/ M No Proof Insur/Drivr Itasca County $100.00 fine 1998 11/01/ M Crim Damage to Prop-4th Itasca County 20 days, I year unsup. Prob., 1996 fine of $210. and other surcharges and the Restitution of $317.16 to Rendezvous II 4/08/1995 M 7th Minor Consumption Itasca County Prob vio- snt 45 days consecutive to T4-95-1028. Huber privileges granted. 3/12/1995 M 6th Minor Consumption Itasca County 2-5-96/Re v-45 days in jail, consecutive to T6-95-1452. Huber Privileges granted. 7/08/1994 M 5th Minor Consumption Itasca County 1 yr sup:no alc/bars/parties/no drive until valid & only for work; c/d eval & comply; 90 days, all but 10 sspd; Remanded. TRAFFIC: 8/15/2004 Petty M Speed grater than Itasca County Fine of $220. reasonable-inattentive driving 8/15/2004 M Driving w/out a valid Itasca County Fine concurrent with other license charge 12/17/ P No D/L Poss Itasca County Pay fine totaling $60. 2002 10/2000 DWI Michigan 10/27/ M No Proof Insurance Itasca County Plea, pay fine $100. 1998 JUVENILE: Unknown Minor Consumptions 1-4 Unknown Self-reported

E D U C A T I O N / T R A I N I N G GRADE SCHOOL / ADDRESS / PHONE REMARKS COMPLETED 11th Grand Rapids High School Dropped out-1991 GED While Attending Thistledew Camp 1992 “Tony” Pre-Sentence Investigation File # 01-02-1234 “Today” Page 4 of 7

COMMENTS: The Defendant was two credits short of graduating on time, and he was sent to Thistledew at the beginning of his senior year, so he dropped out and obtained his GED. He stated that he got in minor trouble at school for skipping classes, skipping detention and smoking. The Defendant attended the Itasca Community College last summer for one month but withdrew from all classes due to stress. He explained that he could not handle working full time and going to school full time on top of taking care of his family.

E M P L O Y M E N T / M I L I T A R Y DATE OF NAME OF EMPLOYER / ADDRESS / PHONE WAGE TYPE OF WORK / HOURS / EMPLOYMENT REMARKS 6/9/05 River Road Market Part time May 2005 Tommy’s Diner Cook- Full time to present October 04 Bridgeman’s Diner Kitchen manager- didn’t get May 05 along with boss

COMMENTS: The Defendant indicated that he has been in the food industry most of his life except one year at a steel industry in Michigan. He has either been cooking or managing the kitchen for the remainder of his work experience. The Defendant indicated a passion for cooking and enjoys his present jobs. He especially enjoys the job security and his schedule. The Defendant’s longest job was held at Perkins for five years. The Defendant reported that he has worked full time for almost his entire adult life.

F A M I L Y D A T A RELATIONSHIP NAME DOB – AGE ADDRESS / PHONE Spouse “Angela” Father Jerry Big Lake Mother Deanna Grand Rapids Children Judy 10 Resides with their mother Angela Bob 5 Phil 3 Siblings Tim 29 Michigan Step- Shawn 31 Minneapolis Stepparent(s) Gary Grand Rapids Other

PERSONAL HISTORY: The Defendant reported that his parents were divorced when he was a small child and he was raised primarily by his mother. His mother remarried and has been married for 20 years. The Defendant indicated he has a good relationship with his stepfather and his mother except for her being so overprotective. The Defendant indicated that he talks to his father but it has been about a year since they spoke. The Defendant indicated that he has been married for about 6 “Tony” Pre-Sentence Investigation File # 01-02-1234 “Today” Page 5 of 7 years and has been separated for about 14 months. While they have been separated, the Defendant bounced back and forth until recently landing at his mother’s for residence. This has been a trying experience, but he indicated that this has happened before. He indicated that he is trying to rekindle the relationship and make it work. The Defendant has three children with his wife, Angela. He stated that he has a good relationship with his children and enjoys taking them to do things. He reported that his relationship with his brother, Tim, is good and they talk about once a month on the telephone. The Defendant has not seen any other relatives for about five years when they last had a family gathering.

FINANCIAL INFORMATION: The Defendant indicated a great deal of stress regarding his finances. He is currently working two jobs and inquiring about a third. He is currently separated from his wife and living at his mothers house, though pays the same bills as he did when he lived at home including: utilities, house payments of $500, child support of $500, cell phone, medical bills of $1500, target bill of $500, and other misc. bills. The Defendant and his wife are receiving assistance for food, and medical. His wife is not employed.

CHEMICAL USE / MENTAL / HEALTH ISSUES: Chemical Use: The Defendant indicated that he began drinking alcohol at the age of 15 and his use peaked between the ages of 21-25 when he was drinking to the point of intoxication 4 times a week. He reported that he went to Wood Land Hills and Thistledew Camp when he was a teenager because of this excessive drinking. The Defendant has received seven minor consumption citations, a DWI in Michigan and the current GM DWI in Itasca County. Further, he has experimented extensively with other drugs. He first tried marijuana at the age of 10 not knowing what it was and then started using it at the age of 15. The Defendant indicated that he is a daily smoker and thought that marijuana should be legalized. He tried cocaine/crack when he was 21, and tried it again three days before his arrest. He has also experimented with hallucinogenics, specifically mushrooms and acid. He claims to have tired mushrooms once and acid a couple times in 1994. His use of methamphetamines, or more specifically glass, started about 1 ½ years ago. He claimed to use meth “once in a while” and his last use was three weeks ago. The Defendant completed an outpatient treatment program at Northland Recovery Center when he was a juvenile. The Defendant has his chemical assessment appointment for next month. He seemed unenthused to attend, with the attitude that treatment cannot show him anything he does not already know.

Mental: The Defendant indicated that he overdosed on his Wellbutrin and Trazadone last year as a cry for help. He was taken to the hospital, charcoaled and released. The Defendant indicated that he does not believe in suicide, but has been mentally unstable and was looking to possibly be admitted to a psychiatric facility. He reported a lot of depression, stress, and difficulties eating and sleeping. He indicated that he has had a hard time dealing with his current situation and does not know how to handle it sometimes. The Defendant has received counseling in the past and was currently seeing therapist Jerry Burnt (three times) until he lost his insurance and ability to pay for his services. The Defendant believes that he may have ADHD.

Health: The Defendant indicated that he and his children are very healthy. “Tony” Pre-Sentence Investigation File # 01-02-1234 “Today” Page 6 of 7

FINAL ASSESSMENT: The Defendant is a 32-year-old Caucasian man who appears before the Court for sentencing after entering a plea of guilty to Controlled Substance Crime in the Fifth Degree and to Driving While Impaired in the Third Degree. His criminal history reveals seven minor consumptions, a previous DWI and a previous small amount of marijuana in a motor vehicle. His work history is characterized by full time employment throughout adulthood. Although he has had different jobs, he has held onto them for long periods of time. He is currently working two jobs and is intending on keeping them. The Defendant has three children and a wife who reside in their residence while the Defendant currently lives with his mother because he and his wife are separated. The Defendant hopes that the relationship will take a better turn and they will get back together. He believes this to be a huge stress on his life and thinks that the drug use was a contributing factor to the break up. He maintains close relationships to his children and thinks they will be key to his success. The Defendant is having financial difficulties and is stressed with all that is going on in his life. He indicated while on probation for previous offenses he elected to execute his sentences and sit his time. However, the Defendant appears to accept some responsibility and a willingness to change. The Defendant presents as truthful and forthcoming on the Pre-sentence Investigation and demonstrated some insight to his behavior. For those reasons, this Agent opines that he is amenable to community supervision and the following is respectfully recommended:

RECOMMENDATION:

Regarding Count I (Cont. Subst. 5th Degree): The maximum penalty for 5 th Degree Controlled Substance , MS 152.025 is 5 years and/or $10,000.

5 th Degree Controlled Substance Is a Severity Level 2 offense. With 0 criminal History Points, the presumptive duration would be a sentence of 12 months and 1 day . If this sentence were executed, Defendant would serve 8 months and 1 day in prison, and would be on supervised release for 4 months.

In this case, the presumption, according to the Minnesota Sentencing guidelines, is that the sentence of 12 months and 1 day , would be Stayed.

Therefore, it is the recommendation of this agent that the Court sentence Defendant under a Stay of Adjudication, for 5 years with the conditions captioned below:

Regarding Count II (3rd Degree DUI): It is respectfully recommended that the Defendant be ordered to serve 1 year in the Itasca County Jail, stayed for 3 years with the following conditions:

X Serve 30 ICJ. (Huber/Work Release option.) X Pay $1,065 fines and costs regarding Count I, mandatory minimum fine regarding Count II. (CWS option) X Do not use, possess or purchase alcohol or controlled substances. X Do not enter establishments selling or serving alcohol. X Submit to random testing and spot checks by probation and law enforcement. X Complete Rule 25 Assessment and follow recommendations, including aftercare. X Maintain full-time employment/education or 20 hours CWS/week. X Submit to UA’s as directed by probation. X Review Hearing 6 months after sentencing. “Tony” Pre-Sentence Investigation File # 01-02-1234 “Today” Page 7 of 7

X Complete DNA testing.

GENERAL CONDITIONS: 1. Obey all State and Federal laws and local ordinances. 2. Report to Probation Agent, as directed. 3. Advise Probation Agent prior to making any changes in employment and/or residence. 4. Obtain permission from Probation Agent before leaving the State. 5. By the next business day, notify Probation Agent if arrested or issued a summons. 6. When ordered by Probation Agent, submit to search of your person, residence or any other property under your control. 7. Abstain from the illegal use or possession of controlled substances and submit to testing to verify compliance. 8. Shall not own, use or possess a firearm. 9. Cooperate and be truthful with Probation Agent in all matters.

Approved by:

Chad Prekker Corrections Agent 104 NE 3rd St Ste 250 Grand Rapids MN 55744 (218) 327-4494 cc: Prosecutor Defense

ATTACHMENTS: Confidential Section Victim Impact/Objection/Affidavit Chemical Use Assessment Domestic Abuse Assessment Compulsive Gambling Assessment Affidavit of Financial Disclosure X Sentencing Guidelines Worksheet Psychiatric/Psychological Evaluation Other: