Opinion
Docket Number: 06-00955-002 PACTS Number: 47433
06-13-2012
USA v. CARDENAS et al
Petition for Warrant or Summons for Offender Under Supervision
Name of Offender: John Cardenas
Name of Sentencing Judicial Officer: HONORABLE WILLIAM H. WALLS SENIOR UNITED STATES DISTRICT JUDGE
Date of Original Sentence: 12/15/2008
Original Offense: Conspiracy to Possess With Intent To Distribute narcotics
Original Sentence: 60 months imprisonment; 4 years supervised release.
Type of Supervision: Supervised Release Date Supervision Commenced: 03/29/11
Assistant U.S. Attorney: Andrew Carey, 970 Broad Street, Room 502, Newark, New Jersey 07102 (973) 645-2700
Defense Attorney: To be determined
PETITIONING THE COURT
[ X ] To issue a warrant
[ ] To issue a summons
The probation officer believes that the offender has violated the following condition(s) of supervision:
+-----------------------------------------------------------------------------+ ¦Violation ¦Nature of Noncompliance ¦ ¦Number ¦ ¦ +------------+----------------------------------------------------------------¦ ¦ ¦The offender has violated the mandatory supervision condition ¦ ¦ ¦which states 'You ¦ ¦ ¦ ¦ ¦ ¦shall not commit another federal, state, or local crime.' ¦ ¦ ¦ ¦ ¦ ¦The offender was arrested on June 10,2012, by the Harrison ¦ ¦ ¦police, and charged ¦ ¦ ¦ ¦ ¦ ¦with three counts of aggravated assault, and two counts of ¦ ¦ ¦endangering the ¦ ¦ ¦ ¦ ¦ ¦welfare of a child. He is currently lodged in the Hudson County ¦ ¦ ¦Correctional ¦ ¦ ¦ ¦ ¦ ¦Facility, Kearny, New Jersey. A bail of $ 150,000 with an option¦ ¦ ¦to post 10% was ¦ ¦ ¦ ¦ ¦ ¦set. ¦ ¦ ¦ ¦ ¦ ¦According to investigative reports, the Harrison police were ¦ ¦ ¦dispatched to the ¦ ¦ ¦ ¦ ¦ ¦offender's residence (413 Central Avenue, Harrison) at ¦ ¦ ¦approximately 8:30 p.m. ¦ ¦ ¦ ¦ ¦ ¦on a domestic assault. Upon their arrival, they met with the ¦ ¦ ¦offender's girlfriend, ¦ ¦ ¦ ¦ ¦ ¦Aleida Guevara, who advised officers that the offender slapped ¦ ¦ ¦his 11 -year-old ¦ ¦ ¦ ¦ ¦ ¦daughter in the face approximately 3 to 5 times. In the midst of¦ ¦ ¦Guevara's 16- ¦ ¦ ¦ ¦ ¦ ¦year-old son attempting to stop Cardenas from further assaulting¦ ¦ ¦his daughter, ¦ ¦ ¦ ¦ ¦1 ¦Cardenas punched his son in the ear a few times with a closed ¦ ¦ ¦fist. At that point, ¦ ¦ ¦ ¦ ¦ ¦Guevara was attempting to stop Cardenas from assaulting her son ¦ ¦ ¦and was ¦ ¦ ¦ ¦ ¦ ¦slapped, choked, and bit on her wrist by Cardenas, Guevara was ¦ ¦ ¦able to get her ¦ ¦ ¦ ¦ ¦ ¦son out of the apartment to the first floor apartment, where he ¦ ¦ ¦called the police. ¦ ¦ ¦ ¦ ¦ ¦She then returned to the apartment in an attempt to get her ¦ ¦ ¦daughters; however, ¦ ¦ ¦ ¦ ¦ ¦the offender and the elder daughter were locked in the bathroom.¦ ¦ ¦Guevara heard ¦ ¦ ¦ ¦ ¦ ¦him slapping the child and cursing at her. When the police ¦ ¦ ¦arrived,.Cardenas left ¦ ¦ ¦ ¦ ¦ ¦with the daughter, resulting in an Amber alert. ¦ ¦ ¦ ¦ ¦ ¦It should be noted that Cardenas and Guevara, have a 3-month old¦ ¦ ¦infant together; ¦ ¦ ¦ ¦ ¦ ¦she was allegedly scratched on her arm during this altercation. ¦ ¦ ¦ ¦ ¦ ¦The offender subsequently surrendered himself a few hours later ¦ ¦ ¦and was ¦ ¦ ¦ ¦ ¦ ¦arrested. ¦ ¦ ¦ ¦ ¦ ¦A temporary restraining order was issued, and DYFS was called to¦ ¦ ¦the scene. A ¦ ¦ ¦ ¦ ¦ ¦June 20. 2012, hearing for a permanent restraining order was ¦ ¦ ¦also scheduled. ¦ +-----------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing is true and correct.
By: Andrea Shumsky
U.S. Probation Officer
THE COURT ORDERS:
[û] The Issuance of a Warrant
[ ] The Issuance of a Summons. Date of Hearing:
[ ] No Action
[ ] Other
____________________________
Signature of Judicial Officer