Opinion
0980 1:17CR02037-SAB-1
07-26-2022
Fabian Jim Eyle
Asst. U.S. Attorney: Thomas J. Hanlon Defense Attorney: Jennifer Barnes
Asst. U.S. Attorney: Thomas J. Hanlon
Defense Attorney: Jennifer Barnes
The Honorable Stanley A. Bastian, Chief U.S. District Judge
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
PETITIONING THE COURT
To incorporate the violation contained in this petition in future proceedings with the violation previously reported to the Court on May 6, 2022.
The probation officer believes that the offender has violated the following condition of supervision:
Violation Number Nature of Noncompliance
2 Mandatory Condition #1: You must not commit another federal, state or local crime.
Supporting Evidence: Mr. Eyle violated mandatory condition number 1 on June 8, 2022, by allegedly committing Third Degree Theft, in violation of the Revised Code of Washington (RCW) 9A.56.050; Wapato Police Department (WPD) case number 22W1261.
On June 8, 2022, a WPD officer was dispatched to the Bella Brew coffee shop in response to a theft from the tip jar. Employees on the scene informed the WPD officer that an individual matching Mr. Eyle's description was seen walking up to the drive-through and stealing from the tip jar. Mr. Eyle was then observed running away through the parking lot. The WPD officer confirmed the tip jar was empty. Bella Brew employees also informed the WPD officer that there was video recording of the drive-through window, which could be accessed when the owner arrived. The WPD officer was then informed by a witness that Mr. Eyle was near a laundromat. The WPD officer located Mr. Eyle, advised him he was investigating a theft, and asked Mr. Eyle if he had the contents of the tip jar. Mr. Eyle then admitted to the WPD officer that, “it was only $2.” The WPD officer took Mr. Eyle into custody and searched his person, recovering $3. The owner of Bella Brew arrived on the scene and showed the WPD officer video footage of Mr. Eyle stealing from the tip jar. Mr. Eyle was transported to Sunnyside Jail and booked for third degree theft.
On July 11, 2022, Mr. Eyle appeared in Wapato Municipal Court and plead guilty to the charge of third degree theft. Mr. Eyle was sentenced to 364 days imprisonment with 334 days suspended, with 0 days credit for time served, and a fine of $250. Mr. Eyle is currently in custody at Yakima County Jail.
The U.S. Probation Office respectfully recommends the Court to incorporate the violation contained in this petition in future proceedings with the violation previously reported to the Court.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on: July 25, 2022
Kyle Mowatt U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[ ] The Issuance of a Warrant
[ ] The Issuance of a Summons
[X] The incorporation of the violation(s) contained in this petition with the other violations pending before the Court.
[ ] Defendant to appear before the Judge assigned to the case.
[X] Defendant to appear before the Magistrate Judge.
[ ] Other