Opinion
2:12CR00430
07-12-2023
Shdell Davis
PETITION FOR WARRANT FOR OFFENDER RELEASED ON BOND
Name of Sentencing Judicial Officer: Honorable Gloria M. Navarro
FILED UNDER SEAL
Date of Original Sentence: August 19, 2013
Original Offense: Felon in Possession of a Firearm
Original Sentence: 48 Months prison, followed by 36 Months TSR.
Date Supervision Commenced: April 24, 2020
PETITIONING THE COURT
[X] To issue a warrant.
The probation officer believes the offender has violated the following condition(s) of supervision: Bond
1. Shall Not Commit Crime - The defendant shall not commit another federal state or local crime.
a) On July 2, 2023, Davis committed the following offenses:
- Battery Constituting Domestic - 2nd Offense (Misdemeanor - N.R.S. 200.481)
- Assault With Deadly Weapon Constituting Domestic Violence (Category B Felony-N.R.S. 200.471)
- Coercion Constituting Domestic Violence with Use of a Deadly Weapon (Category B Felony - N.R.S. 207.190)
According to the police report from the Las Vegas Metropolitan Police Department, Davis committed the aforementioned offenses against his girlfriend, Gabrielle Berg.
RE: Shdell Davis
During the early morning hours of July 2, 2023, a verbal altercation occurred between Shdell Davis and Gabrielle Berg, his girlfriend, regarding Davis dating other women. The incident occurred at a Motel 6 hotel. The altercation escalated, turning physical. Per the police report received, while Berg was seated on the bed, she was struck in her head by Davis, with both fists, multiple times. In defense, Berg grabbed Davis and attempted to shove him away at which time he grabbed her arm, put his body on top of hers, and produced a knife. Berg then hit Davis in the face with a closed fist causing him to release her. Berg was then able to leave the hotel and contact security at the registration office. Upon arrival, Officers observed minor swelling to the back of her head along with minor bruising to her forearm. Berg requested medical attention and was transported to UMC Emergency at her own request. Based on the conduct, Davis was arrested by the Las Vegas Metropolitan Police Department (LVMPD) and transported to the Clark County Detention Center for booking. Davis was charged with all three (3) the allegations noted above via a Criminal Complaint filed in Justice Court Case No 23-CR-049384 on July 3, 2023. A Preliminary Hearing is currently set for July 19, 2023, at 10:00 a.m.
b) On March 29, 2023, Davis committed the offense of Domestic Battery - 1st Offense (N.R.S. 200.485.1).
On March 29, 2023, Shdell Davis was arrested by the Henderson Police Department (HPD), and charged with Domestic Battery 1st, a misdemeanor. Per the police report, Davis was at the Joker's Wild Casino with Gabrielle Berg, his girlfriend, when a verbal altercation ensued. Per Berg, when she returned to the hotel room, Davis initiated a conversation about money. The conversation then turned physical. Per Berg, while she was on the bed, Davis grabbed her ankles and pulled her towards him. In doing this, Berg fell off the bed. Once off the bed, Davis held her down and continued to yell at her. Berg was able to leave the hotel room and contact hotel security who then contacted the Henderson Police Department. Upon officer's arrival, the noticed bruises on her ankle.
On April 6, 2023, Davis pled Nolo Contendere to Domestic Battery and was sentenced to credit for time served. Additionally, he was ordered to indirect supervision and ordered to pay $340 in Court fees.
On June 20, 2023, the Henderson Municipal Court issued a warrant for the arrest of Davis. The warrant was based on the fact that Davis failed to comply with the Court's order of April 6, 2023.
RE: Shdell Davis
2. Refrain From Unlawful Use of Controlled Substance - The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter, as determined by the court, not to exceed 104 tests annually. Revocation is mandatory for refusal to comply.
a) Davis tested positive for marijuana (THC) on the following dates:
September 28, 2022
November 17, 2022
November 30, 2022
December 16, 2022
December 23, 2022
January 24, 2023
March 14, 2023
March 21, 2023
March 29, 2023 (THC and cocaine)
April 4, 2023
May 9, 2023
June 5, 2023
June 8, 2023
June 20, 2023
June 24, 2023
b) Davis failed to report for a scheduled drug test on the following dates:
October 21, 2022
February 3, 2023 (STALL- Did not submit sample)
May 4, 2023
June 17, 2023
July 5, 2023
U.S. Probation Officer Recommendation:
The term of supervision should be:
[X] Revoked
RE: Shdell Davis
I declare under penalty of perjury that the information contained herein is true and correct, Executed on July 11, 2023
Digitally signed by
Kamuela Kapanui
Kamuela K Kapanui United States Probation Officer
Approved: Digitally signed by Wendy B. Beckner
Dated: 2023.07.12 07:46:56 -07'00'
Joy Gabonia Supervisory United States Probation Officer
THE COURT ORDERS
□ No Action.
[X] The issuance of a warrant.
□ The issuance of a summons.
□ Other:
RE: Shdell Davis
SUMMARY IN SUPPORT OF PETITION FOR WARRANT July 11, 2023
By way of case history, on August 19, 2013, Davis was sentenced to 48 months custody followed by 36 months of supervised release for committing the offense of Felon in Possession of a Firearm. Davis commenced supervision on April 24, 2020, in the District of Nevada.
On May 4, 2022, a petition for summons was filed with the Court to initiate revocation proceedings. In the petition it was alleged that Davis violated his conditions by committing a new law violation (Felon in Possession of a Taser - Felony), submitted four (4) positive tests for marijuana, a stalled drug test and a missed drug test.
On May 17, 2022, Davis appeared before United States Magistrate Judge Elayna J. Youchah, for his initial appearance on the summons. Davis was released on a Personal Recognizance bond subject to existing conditions of supervised release, pending the revocation hearing. At the time of the initial appearance, his revocation hearing was set for June 7, 2022.
On July 22, 2022, a petition for bond violation was filed with the Court requesting a warrant. The petition alleged new criminal conduct where he was arrested for Sell/Transfer or Attempt Schedule I, II Controlled Substance. In addition, his petition listed other technical violations including possession of marijuana and ecstasy, a positive drug test for marijuana, and failing to notify his Probation Officer of law enforcement contact. On August 1, 2022, Davis appeared before United States Magistrate Judge Cam Ferenbach for his initial appearance. Davis was released on a personal recognizance pending his revocation hearing. Due to having pending criminal cases, his revocation hearing has not been held before Your Honor and has been continued on numerous occasions. His Revocation for Supervised Release hearing is currently set for July 18, 2023.
On May 17, 2023, Davis appeared in State District Court to address his Felon in Possession of a Taser charge. Davis pled guilty to a lesser charge of Possession of Dangerous Weapon, gross misdemeanor, and was sentenced to nine (9) months custody, suspended, Probation supervision not to exceed nine (9) months. Due to his recent arrest on July 2, 2023, for Battery Constituting Domestic - 2nd Offense, Assault with Deadly Weapon Constituting Domestic Violence, and Coercion Constituting Domestic Violence with Use of a Deadly Weapon, Nevada State Probation submitted a violation petition on July 5, 2023. He now has a Nevada State Probation Revocation hearing set for July 12, 2023.
To provide Davis an opportunity to modify his behavior, he was referred for outpatient treatment. However, despite being in treatment, he has continued to violate his drug testing condition by testing positive for drugs and failing to report for drug tests. Davis has also been arrested for new criminal conduct and is pending revocation proceedings in both federal and state Court. According to his clinician, Davis has been terminated from further counseling due to
RE: Shdell Davis “indifference” to therapy and as he does not appear engaged. This officer has also regularly discussed how his choices have consequences and encouraged him to stay on a sober and crime-free path. The undersigned has also had collateral contacts with his support system, including his mother and brother, to assist in getting him back on track.
Pursuant to 18 U.S.C. § 3583(g)(4), Mandatory Revocation for possession of controlled substance or firearm or for refusal to comply with drug testing- if the defendant refuses to comply with drug testing, thereby violating the condition imposed by section 3563(a)(4), the court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized under subsection (e)(3). Davis has placed himself in mandatory revocation due to testing positive for illegal controlled substances more than three (3) times over the course of one (1) year.
As noted above, Davis' conduct on supervision has been egregious. He was a victim of a shooting and currently suffers from the physical aftermath of that shooting, requiring the assistance of a walker to move around. He portrays himself as a victim, but his conduct simply indicates the opposite. Davis continues to test positive for drugs has missed multiple drug tests.
Davis is not new to the criminal justice system and has previous arrests/convictions for weapons, drugs and violent offenses. His criminal history includes the following convictions:
Juvenile Adjudications:
Aggravated Assault/Deadly Weapon (2008)
Adult Convictions:
Invasion of the Home (2011) (Probation revocation in 2013)
Assault with a Deadly Weapon (2014)
Possession of Stolen Firearm (2014)
He has been arrested multiple times for conduct including narcotics sales, domestic violence, possession of dangerous weapon and is currently pending a felony case (listed in allegation portion of report) for Battery Constituting Domestic, Assault with Deadly Weapon Constituting Domestic Violence, and Coercion Constituting Domestic Violence With Use of a Deadly Weapon. Despite being on supervision for three (3) years thus far and clearly understating the requirements, Davis is simply not complying with the Court-Ordered conditions. Davis has demonstrated that he is either unwilling or unable to comply with his Court ordered conditions and is deemed unamenable to supervision. He has shown that not only has his violation conduct escalated, but he has become a clear danger to the community.
Based upon the offender's conduct detailed in this petition, the probation office recommends the issuance of a warrant and that Davis's bond be revoked. It is further recommended he remain in custody pending further proceedings
RE: Shdell Davis
Joy Gabonia
Supervisory United States Probation Officer