MARICOPA COUNTY SUPERIOR COURT SENTENCING/DISPOSITION SHEET DEFENDANT: LEON CURT WALDROP AGE/DOB: 44/04-29-67 SENTENCING DATE: JULY 1, 2011 CITIZENSHIP: UNITED STATES JUDGE/DIVISION: MARGARET BENNY/RCC SE APO: KAREN VANIMAN CASE NO.: CR2011-121770-001-SE CHARGE: COUNT 1: AGGRAVATED DRIVING OR ACTUAL PHYSICAL CONTROL WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, A CLASS 4 FELONY OFFENSE DATE: APRIL 30, 2011 PRIOR CONVICTIONS/CONFINEMENTS/PROBATIONS: FELONY: PRISON: PROBATION: MISDEMEANOR: JAIL: JUVENILE: DOJC: PROBATION: PLEA AGREEMENT: REST/REIMBURSE: FINE: COMMUNITY SERVICE: RECOMMENDATIONS: DEFENSE PROSECUTION APO VICTIM SENTENCE/DISPOSITION: AGGRAVATION 13-702(C) MITIGATION 13-702 (D) COMMENTS: DAYS IN JAIL DISMISS:
PRESENTENCE INVESTIGATION Superior Court Criminal Division RCC SE Sentencing Date: July 1, 2011 Sentencing Judge: Margaret Benny Prosecutor: Jane Schneider, DCA PSI Officer: Karen Vaniman Defense Counsel: Lance Antonson, DPD Present Offense: The following information is summarized from Mesa Police Departmental Report #20111200524: On April 30, 2011, at approximately 5:16 p.m., officers received a call regarding an individual who was leaving the scene of a verbal confrontation and had been drinking. The officers located the suspect vehicle and observed it being driven erratically. A traffic stop was conducted and the driver, identified as Leon Waldrop, was contacted. Mr. Waldrop had a strong odor of alcoholic beverage coming from his person, and his eyes were bloodshot and watery. He admitted he just drank a six-pack of beer and knew he should not be driving. Mr. Waldrop also admitted his license was revoked. A sample of Mr. Waldrop s blood was drawn; however, the results of the analysis were not included in the police report. Statutory Offense Requirements: The defendant must serve a minimum of four months incarceration prior to beginning any probation grant. Defendant's Statement: According to the defendant, he drank six beers prior to driving. He took his fiancée home, and then he went home. There was an altercation with his sister over $20.00, and she told him to leave. He went to work and was pulled over. He did not feel he was intoxicated or that his driving was impaired, but he knew he should not have been driving after drinking. Regarding sentencing, the defendant feels probation is appropriate. He knows he has prior DUI s, but he is done with drinking. He knows he can be successful on probation, as he has been in the past. PAGE 1
Statement of Interested Parties: The Deputy County Attorney submitted a written sentencing recommendation, which is attached for the Court s review. The defendant s prior supervising probation officer, Jill Gentry, was unavailable for comment. According to probation records, while on probation, the defendant successfully completed substance abuse treatment and a Victim Impact Panel. In addition, he reported as directed, maintained employment, maintained a stable residence, and paid Court-ordered fees in full. The defendant did not comply with condition #19, having completed 138.75 out of 200 community service hours ordered. Risk/Needs Assessment: Based on the Offender Screening Tool (OST), the following is an assessment of the defendant's risk to re-offend and criminogenic needs. Domains with scores above 60%, or Mental Health score above 50%, significantly contribute to the overall assessed Risk/Needs level and must be addressed when developing supervision strategies. Domains below 60% and above 0% may contribute to the overall assessed Risk/Needs level and may require intervention. Domains with 0% do not contribute to the overall assessed Risk/Needs level and do not require intervention. The OST is a standardized statewide tool that has been validated and approved by the Administrative Office of the Courts (AOC). A copy of the OST score results in a graph format is attached to this report. OVERALL RISK/NEEDS LEVEL (Male Risk/Needs Range) 11 Low (0-5) Medium-Low (6-10) Medium-High (11-17) High (18-42) DOMAINS THAT DO NOT CONTRIBUTE TO OVERALL RISK/NEED LEVEL DOMAIN SCORE SUMMARY Drug Abuse 0/3 0% No drug use in over twenty-five years. Education 0/3 0% High school graduate. Mental Health 0/2 0% Reported no mental health issues. Residential 0/2 0% Lived with sister in crime-free area. Vocational 0/5 0% Employed full-time prior to arrest. Family and Social Relationships 0/8 0% Raised by biological parents. Positive family and peer relationships. PAGE 2
DOMAINS THAT MAY CONTRIBUTE TO OVERALL RISK/NEED LEVEL DOMAIN SCORE SUMMARY Attitude 2/7 29% Expressed some beliefs supportive of crime. Feels his conviction was fair. Recognizes a need for change in his life and willing to accept help. Willing to comply with community supervision. DOMAINS THAT SIGNIFICANTLY CONTRIBUTE TO OVERALL RISK/NEED LEVEL DOMAIN SCORE SUMMARY Alcohol Use 3/3 100% Drinks occasionally to intoxication. Present offense is alcohol related. Two prior alcohol-related convictions. Admits he has an alcohol problem and needs treatment. Criminal Behavior 6/9 67% Present offense is a designated felony. Three prior felony convictions. No prior probation revocation. No juvenile history. Additional Assessments and Screenings: The defendant submitted to a self-administered alcohol abuse survey, on which he scored in a range indicative of having an alcohol problem. The defendant was screened and found eligible for Intensive Probation Supervision. The defendant was screened for DUI Court but is not eligible because he resides outside the supervision area. Financial Assessment: Prior to his arrest, the defendant was employed full-time as a produce clerk at Fry s for six months. He earned a monthly income of $1,700.00 and reported monthly expenses totaling $430.00. He believes he will be able to return to his job at Fry s upon his release. It is believed the defendant should be responsible for payment of any Court-ordered fees, including mandatory DUI assessments. PAGE 3
Discussion and Evaluation: The present offense represents the defendant s fourth felony conviction and third conviction for driving under the influence. The defendant was involved in the present offense less than one and a half years after completing a five-year probation grant for a similar offense. Through his reckless actions, the defendant continues to jeopardize the safety of the community. Assessments indicate the defendant poses a medium-high risk to reoffend. The criminogenic domains that contribute most significantly to his risk are alcohol use and criminal behavior. The domain that may contribute to his overall risk is criminogenic attitude. To his credit, the defendant is educated, maintained employment, had a stable residence, does not use illegal drugs, has positive family and peer relationships, and has no mental health issues. The defendant has been afforded ample opportunity to remain in the community and properly address his alcohol abuse issues, yet his involvement in criminal activity has continued. A sentence to the Department of Corrections was considered; however, given the defendant s successful completion of probation in the past, it is believed an opportunity for Intensive Probation Supervision (IPS) may be appropriate. This will provide strict monitoring of the defendant in the community, while allowing him to maintain employment and ensuring his participation in any necessary treatment/counseling. The defendant has done well under supervision in the past, and it is hoped he takes advantage of this opportunity to make positive changes in his life and cease his involvement in criminal activity. If he does not, and his criminal behavior continues despite exhausting all intermediate sanctions, a sentence to the Department of Corrections may be warranted. Identification Status: Due to his incarceration, the defendant does not have access to documents to verify his identity. Recommendation: It is respectfully recommended that the defendant be granted five year(s) supervised probation to begin upon release from prison for felony DUI (to serve four months prison with zero days credit). Abide by the following additional conditions: Condition #15 I will be financially responsible by paying all restitution, fines, and fees in my case as imposed by the Court. I understand, if I do not pay restitution in full, the Court may extend my probation. 15b. Probation Service Fee of $75.00 per month beginning on December 1, 2011. 15d. Pay a Fine of $750.00 PAGE 4
Condition #16 Condition #21 15e. Plus a surcharge of 84 percent, in the total amount of $1,380.00 in payments of $10.00 per month beginning on December 1, 2011 15f. Reimbursement in the total amount of $90.00, at $5.00 per month beginning on August 1, 2011. 15g. Pay DUI Abatement Fund Total Amount of $250.00 in a Monthly Payment of $5.00 beginning on December 1, 2011. 15i. Pay Prison Construction Fund in the total amount of $1,500.00 in monthly payment of $10.00 beginning on December 1, 2011. 15j. State General Fund in the total amount of $1,500.00 in monthly payment of $10.00 beginning on December 1, 2011. 15p. Probation Surcharge in the total amount of $20.00. 15q. Time Payment Fee of $20.00. I will not consume or possess any substances containing alcohol. I will abide by the attached special conditions of probation: Intensive Probation Status of Driver License: According to the defendant, his driver license is revoked and is not in his possession. Reviewed by: Judge: Date: Respectfully submitted by: Karen Vaniman, Adult Probation Officer Cell: (602) 619-5440/ Office: (602) 372-3660 October 26, 2012 mailto:kvaniman@apd.maricopa.gov Lisa Roubicek, Supervisor Phone: (602) 506-4190, (602) 619-3233 PAGE 5