Opinion
15-00176-001
09-23-2021
United States v. E. Powell
PETITION OR WARRANT OR SUMMONS OR OFFENDER UNDER SUPERVISION
HONORABLE ANNE E. THOMPSON SENIOR UNITED STATES DISTRICT JUDGE
PETITIONNG THE COURT
[√] To issue a warrant o be lodged as a detainer)
[ ] To issue a summons
The probation officer believes hat he offender has violated the following condition of supervision:
Violation Number Nature of Noncomplance
1 The fender has violated the standard supervision condition which ates The defendant hall not commit another federal, ate, or local crime during the term of supervision.
On September 23, 2021, Powell was arrested by Freehold Borough Police Department and charged with Prohibited Weapons, Certain Persons Not o Have a Weapon, Possession of a Weapon for an Unlawful Purpose, and Unlawful Possession of a Weapon. Powell was also charged by Freehold Township Police Department with Resisting Arrest/Eluding. The Probation Office await the police report or these matters; however, was informed by dispatch that Powell was inside a vehicle where the driver was suspected to be under he influence. A car chase ensued after he vehicle did not pull over when a car op was attempted and eventually the vehicle crashed into a telephone pole. Powell exited the vehicle and attempted to flee; however, was apprehended by police offers Several firearms as well as hollow point bullets were found inside the vehicle.
2 The offender has violated the standard supervision condition which states convicted of a felon offense, he defendant hall not poses a rearm or destructive device. associate
As outlined in Violation Number One, Powell possess a firearms despite being convicted of a felony offense.
3 The offender has violated the standard supervision condition which states 'The defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felon unless granted permission to do so by the probation officer.'
In regard to Violation Number One, Powell was inside a vehicle with others who are convicted of a felony offense and/or engaged in criminal activity. Specifically, Isaac Kelley (DOB 09/23/99) is an individual who has previous indictable convictions to include Aggravated Assault, Burglary, and Unlawful Possession of a Weapon. Additionally, inside the vehicle was Nazzir Wallace (DOB 03/01/05) who is pending two separate indictable cases in Monmouth County at this time, both involving possessing a weapon for an unlawful purpose.
4 The offender has violated the special supervision condition which states 'You shall refrain from associating with, or being in the company of, any members of any street gang, outlaw motorcycle gang, traditional or non-traditional organized crime group, or any other identified threat group. You shall be restricted from frequenting any location where members of said organizations are known to congregate or meet. You shall not have in your possession any item or paraphernalia which has any significance or is evidence of affiliation with said organizations.'
Through review of Powell's social media, he posted photos associated to the street gang "Krenshaw," a gang related to the Bloods street gang. Specifically, in one photo that was posted in May of 2021, Powell has a gang symbol held up with each hand and is wearing a red shirt that reads "Krenshaw BVGS 104."
5 The offender has violated the standard supervision condition which states 'The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons.'
Powell was laid off by his previous employer, Aptar, in May of 2021, due to him not wanting to receive the COVID-19 vaccine. Powell has not obtained lawful employment since that time.
6 The offender has violated the mandatory supervision condition which states 'The defendant shall pay a fine of $1,000.00. In the event the fine is not paid prior to the commencement of supervision, the defendant shall satisfy the amount due in monthly installments of no less than $50.00, to commence 30 days after release from confinement.'
Since the commencement of Powell's supervision in January of 2021, Powell has made only two $50 payments toward his $1,000 fine.
I declare under penalty of perjury that the foregoing is true and correct.
THE COURT ORDERS:
[X] The Insurance of a Warrant To Be Lodged As A Detainer as recommended by the Probation Office)
[ ] The Insurance of a Summons Date of Hearing: ___
[ ] No Action
[ ] Other