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Rated: E · Assignment · Career · #1957377
I had to listen to a scenario and dictate it for a legal class.
IMPRESSIONS AND RECOMMENDATION
AGENTS IMPRESSIONS: CHARLES BRADLEY SUMMERS WAS BORN ON. CHARLES SUMMERS APPEARED IN MY OFFICE FOR THE INTERVIEW TO COMPLETE THE PRE-SENTENCE INVESTIGATION, TEN MINUTES LATE. WHEN ASKED FOR THE REASON OF HIS TARDINESS, CHARLES SAID, "I DIDN'T THINK IT MATTERED." THE INTERVIEW PRECEDED AND ALL THOUGH CHARLES ANSWERED ALL OF MY QUESTIONS WHEN REQUESTED OF HIM HE WAS OFTEN RELUCTANT TO GIVE DETAILED INFORMATION FOR THE QUESTIONS I ASKED.
THE AREAS THAT ARE OF MOST CONCERN FOR CHARLES, ARE HIS RISKS TO THE COMMUNITY BASED ON HIM HAVING COMMITTED A VIOLENT FELONY ACT AND HE HAS A FAIR AMOUNT OF TREATMENT ISSUES. THE RISK TO THE COMMUNITY THAT CHARLES PRESENTS IS HIM HAVING SHOT A HOLE THROUGH THE VICTIMS EAR WHILE WITH A 22 CALIBUR RIFLE ALLEGEDLY WHILE CLEANING IT AND ACCORDING TO HIM "THE GUN JUST WENT OFF." THERE WERE AND REMAIN TO BE DISCREPTENCIES IN THE VICTIMS STATEMENT AND CHARLES STATEMENTS REGARDING HOW THIS GUN INCIDENT OCCURED. CHARLES ALSO SEEMS TO MINIMIZE THIS CRIME BY VIRTUE OF HIS RESPONSE TO MY QUESTION, WERE YOU AWARE OF DANGER THAT CINDY WAS IN WHEN THE GUN WENT OFF? CHARLES RESPONSE WAS "THE GUN JUST WENT OFF I GOT SCARED I TOOK OFF THAT'S THE END OF THE STORY." BECAUSE OF THE AFFORM MENTIONED IT APPEARS THAT CHARLES IS NOT CURRENTLY READY TO ACCEPT RESPONSIBILITY OF THIS ACT. CHARLES ALSO HAS A HISTORY OF SOME VIOLENCE IN THAT HE WAS CONVICTED OF A BATTERY ON 10/2/2000. IT WAS REDUCED FROM A STATE CRIMINAL CHARGE TO A MUNICIPAL CHARGE HE WAS FINED $150 AND THE FINE WAS PAID. HE WAS ALSO CHARGED WITH A THEFT AND CRIMINAL DAMAGE TO PROPERTY ON JANUARY 3, 2001 AND PLACED ON PROBATION FOR ONE YEAR. REVOCATION PROCEEDINGS FOR THAT OFFENSE ARE CURRENTLY IN PROGRESS.
CHARLES INSISTS THAT ALCOHOL AND OTHER DRUGS USED BY HIM IN THE PAST WERE NOT FACTORS LEADING TO THIS CRIME. CHARLES DOES HOWEVER ADMIT TO "DRINKING BEER OCCASIONALLY AND TO SMOKING MARIJUANA." BUT, DENIES EVER "USING ANY OTHER HARD DRUGS." AT THIS TIME IT WOULD BE OUR SUGGESTION THAT CHARLES BRADLEY SUMMERS REFRAIN FROM ANY COMSUMPTION OF ALCOHOL FOR TWO REASONS ONE HE IS A MINOR AND IT IS ILLEGAL FOR HIM TO DO SO TWO HE HAS STATED THAT THIS HAS BEEN A POTENTIAL PROBLEM AND THIRDLY WE WOULD LIKE TO HAVE THE ALCOHOL, TOBACCO, AND OTHER DRUG ASSESSMENT DONE AS SOON AS POSSIBLE WHETHER HE IS ON PROBATION OR HE IS INCARRCARATED. OR THAT HE GOES THROUGH A DIFFERENT PROGRAM IF HE IS INCARRCARATED.
CHARLES ALSO IS IN NEED OF FINISHING HIGH SCHOOL HE HAS ONE YEAR TO COMPLETE HIS DEGREE. PRIOR TO THIS OFFENSE AND THE BATTERY OFFENSE APPROXIMATELY A YEAR AGO CHARLES GRADES WERE 3.50 AND ABOVE ON A 4.0 SCALE. HE WAS ALSO THE PRESIDENT OF THE CHESS CLUB AND WAS VIEWED BY HIS INSTRUCTORS AND FACULTY AT THE HIGH SCHOOL AS BEING A VERY GOOD STUDENT. IT APPEARS THAT CHARLES HAS RECENTLY DECREASED HIS MOTIVATION TOWARDS OBTAINING HIS HIGH SCHOOL DIPLOMA BASED ON STATEMENTS MADE TO ME SUCH AS "WHETHER I FINISH OR NOT IS IRRELEVANT." CHARLES HAS ALSO DECREASED HIS POSITIVE ASSOCIATIONS WITH CLASSMATES IN THE HIGH SCHOOL AND PRIMARILY OCCUPIES HIMSELF WITH HIS GIRLFRIEND AND IN THE VICTIMS HABITAT. CHARLES IS IT APPEARS IN NEED OF GETTING AN SO THAT HE WOULD BE ABLE TO BOTH HAVE EMPLOYMENT FOR HIS FUTURE AND PAY OFF COURT OBLIGATIONS HE WILL BE RESPONSIBLE FOR INCLUDING RESTITUTIONS FOR THE VICTIM THAT OCCURRED.
CHARLES HAS STATED THAT HE BELIEVES HIS FATHER HAS "MENTALLY ABUSED HIM." HE MENTIONED THAT HIS FATHER TREATED HIM PARENTS CHARLES INTO PARENTS "LIKE I WAS IN A HITLER TYPE BOOTCAMP AND I WAS HIS OWN PERSONAL STORM TROOPER." CHARLES FATHER DENIES THE ACCUSATION BY CHARLES AND BELIEVES THAT CHARLES IS SIMPLY OVER-REACTING DUE NEED OF DISCIPLINE IN THE HOME. CHARLES ALSO BELIEVES THAT THE FAMILY COMMUNICATION PLAN HAS BEEN REDUCED OR LEFT DUE TO HOURS THAT BOTH HIS MOTHER AND FATHER WORK. WHAT HE IS REFERING TO IS HIS FATHER WORKS FIRST SHIFT AND HIS MOTHER WORKS SECOND SHIFT. AND IT'S CHARLES BELIEF THAT THERE IS NO TIME FOR FAMILY ANYMORE. IT IS WORTH NOTHING THAT THIS SHIFT WORK PHENOMENON OCCURRED APPROXIMATELY TWO YEARS AGO WHICH DOES COINCIDE WITH CHARLES INITIAL AND NOW THIRD CRIMINAL BEHAVIOR. IT APPEARS THAT FAMILY COUNCELING WITH THE PARENTAL PERMISSION WOULD BE A YOUTHFUL PURSUIT WHETHER HE IS INCARCARRATED AND/OR ON PROBATION.
THERE IS NO DOUBT A NEED TO RESTRAIN CHARLES FROM FURTHER CRIMINAL ACTIVITY SUCH AS THIS OFFENSE. PUNISHMENT WHETHER IT WOULD BE JAIL TIME IN THE CONDITION OF SUPERVISION, BOOTCAMP, OR INCARRCERATION IN A STATE PRISON WOULD CERTAINATELY SERVE A PURPOSE. THERE ARE ALSO REHABILITATIVE CONCERNS REGARDING CHARLES THAT FALL UNDER THE AREAS OF ALCOHOL, TOBACCO, AND OTHER DRUG ABUSE, FAMILY COMMUNICATION PROBLEMS, AND ANGER MANAGEMENT ISSUES. PERHAPS AN ANGER MANAGEMENT PROGRAM EITHER IN THE COMMUNITY OR WHILE INCARRCERATED WOULD SERVE THIS PURPOSE. THERE IS ALSO A CONCERN REGARDING CONTACT BETWEEN THE VICTIM, CINDY HABLOCHEK AND HER TWO CHILDREN, AND CHARLES B. SUMMERS.
RESTITUTION: $1585 FOR CINDY HABLOCHEK'S INJURIES INCCURRED AS A RESULT OF THIS OFFENSE; $1000 COUNSELING SERVICES FOR CINDY AND HER TWO CHILDREN; $500 FOR ATTORNEY FEES.
CHALLENGE INCARRCERATION PROGRAM: BECAUSE IT IS THIS AGENTS INTENTION TO RECOMMEND A PERIOD OF PROBATION WITH INCARRCERATION AS A CONDITION OF THAT PROBATION THE CHALLENGE INCARRCERATION PROGRAM IS NOT IMPLICABLE.
AGENT'S RECOMMENDATIONS: IT IS MY SINCERE RECOMMENDATION THAT CHARLES B. SUMMERS RECEIVE AN IMPOSED AND STATE SENTENCE FOR TWO YEARS IN PRISON THAT THIS SENTENCE BE STAYED THAT HE BE PLACED ON PROBATION FOR A PERIOD OF TWO YEARS AND THAT THE FIRST SIX MONTHS BE IN THE FOND DU LAC COUNTY JAIL AS A CONDITION OF SET SUPERVISION. IT IS ALSO RECOMMENDED THAT CHARLES B. SUMMERS BE GIVEN STUDY AND/OR WORK RELEASE PRIVILAGES UPON APPROVAL OF PROBATION AND PARROL OFFICE. OTHER RECOMMENDED CONDITIONS ARE AS FOLLOWS: AN ALCOHOL TOBACCO AND OTHER DRUG ABUSE (ATODA) ASSESSMENT IN RECOMMENDED TREATMENT PLAN BE FOLLOWED BY CHARLES B. SUMMERS. NUMBER TWO, ALL RESTITUTIONS AND COURT FEES BE PAID WITHIN A TWO YEAR PROBATIONARY PERIOD. THREE, NO CONTACT WITH THE VICTIM, CINDY HABITAT, OR HER TWO CHILDREN. FOUR, THAT CHARLES B. SUMMERS ATTEND HIGH SCHOOL AND/OR ATTEND A SANCTIONED SED PROGRAM IN LOU HIGH SCHOOL. FIVE, THAT CHARLES RECEIVE FAMILY COUNSELINGIF AGREED TO BY THE PARENTS OR AS NECESSARY BY HIS AGENT.
ANTICIPATED CASE PLAN: SHOULD THE COURT GRANT THE DEFENDANT PROBATION WITH THE ABOVE RECOMMENDED CONDITIONS THE DEPARTMENT OF CORRECTIONS INTENDS TO IMPLEMENT IS AS FOLLOWS
SUBMISSION TO A DNA SAMPLE WITHIN 30-DAYS OF PLACEMENT ONTO          SUPERVISION.
         MAKE MONTHLY PAYMENTS BASED ON BUDGET AND INCOME FOR COURT          OBLIGATIONS, SUPERVISION FEES, AND RESTITUTION.
         THE DEFENDANT WILL BE INITIALLY SUPERVISED AT THE MAXIMUM          LEVEL BASED ON THE DEPARTMENT OF CORRECTIONS EVALUATION.
         CHARLES B. SUMMERS WILL ATTEND SCHOOL ON A DAILY BASIS AND/OR          SANCTIONED SED PROGRAM.
         CHARLES BRADLEY SUMMERS WILL ATTEND AN INITIAL COUNSELING          INTERVIEW WITH HIS PARENTS, A COUNSELOR, AND HIMSELF AS SOON AS          POSSIBLE AFTER BEING GRANTED PROBATION.
         CHARLES WILL ATTEND AN ALCOHOL, TOBACCO, AND OTHER DRUG ABUSE          ASSESSMENT AND FOLLOW THE RECOMMENDED TREATMENT PLAN BY THAT AGENCY.
         WHEN CHARLES IS NOT IN SCHOOL HE WILL BOTH SECURE AND          MAINTAIN EMPLOYMENT SO THAT HE WILL BE ABLE TO PAY BACK HIS COURT          OBLIGATIONS AND LEARN FUTURE JOB SKILLS.
RESPECTFULLY SUBMITTED: MARTIN ARTHUR POTTER REVIEWED BY: CHRISTINE T. JAGLOWSKI.
SOURCES: FOR PURPOSES OF THIS INVESTIGATION I OBTAINED RECORDS FROM THE WISCONSIN CRIME BUREAU OF INVESTIGATION (CIB); FEDERAL BUREAU OF INVESTIGATION (FBI); THE DODGE COUNTY SHERIFFS DEPARTMENT; THE FOND DU LAC COUNTY SHERIFFS DEPARTMENT; CINDY HABLOCHEK; MARSHA AND MATTHEW HABITAT; JAMES AND JANET SUMMERS, MR. JOHN GREEN, GREEN GIANT; MRS. READALOT, BEAVER DAM CITIZEN; MR. GARDEN GROWCUTTER, LAWN AND GARDEN SERVICE; MRS. WALTON, MATHEMATICS TEACHER; MR. DURGEE, COMMUNICATIONS TEACHER; MR. FIT, PHYSICAL EDUCATION TEACHER; HORICON HIGH SCHOOL RECORDS; MR. BART MARTIN, BOK, FRIEND; BEAVER DAM EMERGENCY ROOM NURSES, MS. SEEALOT AND MS. IHURTPEOPLE.







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