Opinion
0980 2:15CR00118-WFN-1
08-25-2022
Terrence Anthony Kinard
Dominique Juliet Park Amy H. Rubin
Date of Original Sentence: February 9, 2017
Petition for Warrant or Summons for Offender Under Supervision
Dominique Juliet Park
Amy H. Rubin
PETITIONING THE COURT
THE HONORABLE WM. FREMMING NIELSEN, SENIOR, DISTRICT JUDGE
To incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously reported to the Court on 03/17/2022, 03/23/2022, and 04/12/2022.
On December 1, 2021, Mr. Terrence Kinard signed his conditions relative to case number 2:15CR00118-WFN-1, indicating he understood all conditions as ordered by the Court. Specifically, Mr. Kinard was made aware by his U.S. probation officer that he was required to submit to urinalysis testing as directed.
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation Number
Nature of Noncompliance
5
Special Condition #2: You shall abstain from the use of illegal controlled substances, and shall submit to urinalysis and sweat patch testing, as directed by the supervising officer, but no more than 6 tests per month, in order to confirm continued abstinence from these substances.
Supporting Evidence: Mr. Terrence Kinard is alleged to have violated special condition number 2 on or about August 11, 2022, by providing an altered urinalysis sample during random urinalysis testing.
Specifically, on August 11, 2022, Mr. Kinard reported to Pioneer Human Services in Spokane, to submit to random urinalysis testing as required after his assigned color was called on the day in question. Mr. Kinard subsequently submitted a urinalysis sample that tested presumptive positive for cocaine. Mr. Kinard denied any use of the substance and the sample was packaged and forwarded to the lab for verification. A drug use form was subsequently received on August 12, 2022, in which the client checked the box indicating his denial of any such use, and he subsequently signed his name.
On August 19, 2022, the lab report was received in regard to the sample submitted by Mr. Kinard at Pioneer Human Services on August 11,2022, in which the sample was determined to be “substituted, not consistent with normal human urine - creatinine.” Mr. Kinard was subsequently contacted telephonically by the undersigned officer on the day in question at which time the client denied having altered the sample.
The U.S. Probation Office respectfully recommends the Court to incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously reported to the Court.
I declare under penalty of perjury that the foregoing is true and correct.
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