Opinion
0980 2:18CR00133-RMP-3
04-15-2022
Asst. U.S. Attorney: George JC Jacobs, III Defense Attorney: Federal Public Defender
Date of Original Sentence: May 17, 2019
Asst. U.S. Attorney: George JC Jacobs, III
Defense Attorney: Federal Public Defender
THE HONORABLE ROSANNA MALOUF PETERSON, SENIOR U.S. DISTRICT JUDGE
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
PETITIONING THE COURT
To issue a WARRANT .
On May 22, 2019, Mr. George Edward Dykstra Jr, signed his conditions relative to case number 2:18CR00133-RMP-3, indicating he understood all conditions as ordered by the Court.
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation Number
Nature of Noncompliance
1
Mandatory Condition # 1 : You must not commit another federal, state or local crime.
Supporting Evidence : Mr. Dykstra is alleged to have violated mandatory condition number 1, by having been arrested for Driving Under the Influence, in violation of R.C.W. 46.61.502, a gross misdemeanor on or about April 14, 2022, in Spokane County.
Specifically, on April 14, 2022, at approximately 11:36 p.m., law enforcement observed a vehicle to be traveling westbound on West Trails Road which drove onto the center rumble strip while passing the officer. Upon catching the vehicle in question, the vehicle was determined through radar to be traveling at approximately 52 miles per hour in a 45 mile-per-hour zone.
The deputy subsequently stopped the vehicle in question and contacted the driver who was identified as Mr. Dykstra. The deputy noted an odor of alcohol emanating from the vehicle, but when questioned, Mr. Dykstra advised that he had not been drinking, but that his passengers had. The deputy also noted that the client spoke with slurred speech. The deputy directed Mr. Dykstra to exit the vehicle and observed that the client was unsteady on his feet,
that the odor of alcohol was in fact emanating from him, and that his eyes were red and watery. Mr. Dykstra subsequently admitted to having one drink. Mr. Dykstra then unsatisfactorily performed three separate sobriety tests. A voluntary Breathalyzer test revealed an initial blood alcohol content level of .104%. Mr. Dykstra was subsequently arrested by the deputy for driving under the influence.
Subsequent Breathalyzer testing once at the Airway Heights Police Department and conducted approximately 45 minutes after his original voluntary sample submitted to at the scene, revealed a blood alcohol content of .116 IR / .118 EC and a third sample 5 minutes later revealed a blood alcohol content of .116 IR / .119 EC.
The U.S. Probation Office respectfully recommends the Court issue a WARRANT requiring the offender to appear to answer to the allegation(s) contained in this petition.
I declare under penalty of perjury that the foregoing is true and correct.
Chris Heinen U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[ X ] The Issuance of a Warrant
[ ] The Issuance of a Summons
[ ] Other