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U.S. v. Fowler

United States District Court, E.D. California
Feb 2, 2006
Cr. No. S-06-039 DAD (E.D. Cal. Feb. 2, 2006)

Opinion

Cr. No. S-06-039 DAD.

February 2, 2006

McGREGOR W. SCOTT, United States Attorney, MATTHEW C. STEGMAN, Assistant U.S. Attorney, ABRAM M. WATTS, Sacramento, CA, Certified Law Student.


AFFIDAVIT IN SUPPORT OF A WARRANT FOR ARREST


I, Steven Lamp, a United States Postal Inspector, employed by the United States Postal Inspection Service, having been duly sworn do depose and state that:

1. I have been so employed as a Postal Inspector since September 2003. Prior to this appointment, I was a State Peace Officer for eight years. In connection with my official duties as a Postal Inspector, I investigate crimes against the United States Postal Service, its employees and its assets in accordance with Title 18, United States Code, Section 3061.

2. This affidavit is submitted in support of an arrest warrant for Michael Fowler for Assaulting, Resisting, or Impeding Certain Officers or Employees, in violation of Title 18, United States Code, Section 111 (a) (1). This affidavit does not contain every fact, piece of information or evidence concerning this alleged violation. The following information is from my own observations and investigation, and from information provided to me by other law enforcement officers.

FACTS AND EVIDENCE

3. At or about 10:30 AM on November 3, 2005, I obtained a state arrest warrant from Sacramento County Superior Court for Michael Fowler relating to vandalism and trespassing violations committed by him at the Royal Oaks Post Office in late September, 2005.

4. At or about 5:00 PM on November 3, 2005, I witnessed Michael Fowler continuing his pan-handling activities in front of the entrance to the Royal Oaks Post Office.

5. Upon being approached by myself and Inspector Mahoney on November 3, 2005 at or about 5:30 PM, Michael Fowler resisted arrest and assaulted this Inspector and Inspector Mahoney, thereby causing injuries to each officer.

6. Upon contacting Michael Fowler, I was wearing my official Postal Inspection Service raid jacket which clearly states "Police." I was also wearing a black cap with the words "Police" stitched on the front in yellow lettering. Inspector Mahoney was wearing an identical raid jacket.

7. Upon approaching Michael Fowler, I informed him that he was under arrest and asked him to place his hands behind his back and kneel on the concrete. I drew my service weapon and was pointing it at Mr. Fowler while informing Mr. Fowler he was under arrest.

8. As Michael Fowler began to place his hands behind his back, I holstered my service weapon. I then proceeded to grab Michael Fowler's right arm to initiate handcuffing him.

9. Upon making physical contact with Michael Fowler, Fowler started screaming that he did not want to be arrested and wanted to be allowed to leave the property. I informed Fowler that allowing him to leave was not an option.

10. Michael Fowler then attempted to pull away from my grasp and insisted that he was going to leave postal property. Realizing that Fowler did not want to be arrested and wanted to flee, I then wrestled Fowler to the ground, the concrete sidewalk near the front entrance to the Post Office. While attempting to flee, Michael Fowler was pulled out of his winter parka.

11. For approximately ten minutes, I wrestled with Michael Fowler on the concrete sidewalk in an attempt to handcuff him. I had control of each of Fowler's arms and was attempting to prevent his escape. On a continual basis throughout Mr. Fowler's resistance, I instructed Fowler to stop resisting and informed him that resisting arrest is a crime as well as informing him that assaulting an officer is a crime. While I had control of Fowler's arms and was restricting his movements, Inspector Mahoney tried unsuccessfully to handcuff Mr. Fowler.

12. After I finally convinced Fowler to stop fighting with me, he agreed to be handcuffed.

13. As a result of Mr. Fowler's resistive behavior, I suffered bruising to my sternum and right knee, as well as a sprained right thumb. Furthermore, my wristwatch band was broken by Fowler's resistive behavior. Inspector Mahoney received slight cuts to his left hand as a result of Fowler's resistive behavior.

14. Postal Inspectors are government employees of the United States Postal Inspection Service, an agency of the United States Government.

15. Based on the foregoing facts, I believe probable cause exists that Michael Fowler committed a violation of Title 18, United States Code, Section 111 (a) (1) by his conduct on November 3, 2005.


Summaries of

U.S. v. Fowler

United States District Court, E.D. California
Feb 2, 2006
Cr. No. S-06-039 DAD (E.D. Cal. Feb. 2, 2006)
Case details for

U.S. v. Fowler

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL FOWLER, Defendant

Court:United States District Court, E.D. California

Date published: Feb 2, 2006

Citations

Cr. No. S-06-039 DAD (E.D. Cal. Feb. 2, 2006)