Professional Documents
Culture Documents
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Plaintiff,
vs.
Defendant.
NO.
4-J
COME NOW the Parties, by and through the attorneys of record below-named, and hereby move this Court to enter
the following Stipulated Order of Continuance (hereafter known as "Agreement").
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3. Waiver of Rights fCrRI.16-l.lfalt. Defendani[understands that s/he has thefollowing important rights and
that s/he gives them all up by entering into this Stipulated Order of Continuance:
(a) I give up the right to a speedy trial and \vaive my speedy trial rights for the length o f this Agreement
plus 90 days; my new speedy trial com ijiencem ent date shall be the end date of this Agreement;
(b) I give up the right to contest and object to the evidence presented against me at a future hearing if the
judge determ ines that I have violated tbjis Agreement.
(c) I, as well as the State/City, give up the right to a public trial by an impartial jury in the county where the
crime is alleged to have been committed.
(d) I give up the right to rem ain silent before and during the trial, and the right to refuse to testify against
myself;
(e) I give up the right at trial to hear and question the w itnesses who testify against me;
(f) I give up the right at trial to testify and jo have witnesses testify for me. These w itnesses can be made to
appear at no expense to me.
;
A /<r
l i.
/
The Defendant understands that the maximum possible sentence for the crim e(s) of r r ^ ^ X L l ^ 'r 1 3 V
_______________________ is 3 6 4 days in jail and/or aj $5,000 fine plus costs and assessments, of _____________ _______
is 9 0 days in jail and/or a $ 1 ,0 0 0 fine, plus costs and assessm ents, and that the Judge can impose any sentence up
to the maximum, no m atter what the prosecuting authority or the defense recommends if the Agreement is
revoked.
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4 . D efendant's A g re e m e n t. Defendant understand^ that by entering in the agreement he or she is not admitting guilt
and that no determination has been made by the judge! as to whether this evidence is sufficient to support a finding of
guilty. However the Defendant also understands and sjgrees that in the event he or she violates this agreement, the judge
will review the evidence listed below, and based onlyjupon this evidence, the judge will decide if he or she is guilty o f the
crime(s) listed in Section 3 above.
Fax:
Incident Report No: V-fl " 1 t S I }
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5. D efendant's P ro m ise to b e P re se n t in Court. |The Defendant understands and agrees that s/he shall be
present in court at ail future court hearings herein Unless previously waived by the Judge and that failing to appear
in court as ordered may be a violation o f this Agreement.
6. R estitu tion . The Defendant agrees to pay restitution t o ______________________ , The restitution amount shall
. or to be determined.
be paid through Seattle Municipal Court in the amount of CH.
7. M onitoring o f C onditions. The Defendant agrees that compliance with this Agreement shall be monitored by
5 Seattle Municipal Probation O The Court. The defendant agrees to report to Seattle Municipal Probation
immediately following the court hearing a t which this Agreement is entered and to any appointments subsequently
scheduled by Seattle Municipal Probation. The Defendant understands and agrees that failure to report to Probation
and/or failure to provide p roof o f compliance with conditions may be a violation o f this Agreement The Defendant is
responsible fo r filing p ro of o f compliance with alt conditions with P robation ,^
8 . Costs o f M onitorin g C om plian ce. The Defendant agrees to pay t o P v to Seattle Municipal Court as a
compliance monitoring fee.
9. O ther Fin an cial P e n a ltie s: The Defendant agrees to pay
______ to Seattle Municipal Court in addition to
restitution or monitoring fees,
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10. Crim inal Law V io lation s. The Defendant shall have no criminal law violations during the term o f this
Agreement, The Defendant understands and agrees jthat this Court may take action on the Prosecution's motion
alleging the Defendant's violation of this condition pirior to any resolution of the alleged new criminal law violation,
The Defendant specifically agrees that a ''conviction! for a criminal law violation occurring after the entry of this
Agreement is not a prerequisite to this Court taking action on the Prosecution's motion to revoke this Agreement
due to the Defendant's alleged violation of this condition.
The Defendant understands and agrees that in a hearing alleging violation of this condition, the Prosecution
may proceed via the admission o f reliable hearsay a one. E R 1101 (c) The Defendant further agrees that the
Defendant's petition or other request of any Washington Court to grant the Defendant a Deferred Prosecution
pursuant to RCW 10.05 et seq., for any new criminalllaw violation occurring after the entry of this Agreement shall
be a violation of this condition. Traffic and/or civil infractions are not considered criminal law violations.
1 1 . Address and T e lep h o n e in fo rm a tio n . The Defendant agrees to notify the Court or Seattle Municipal
Probation within 24 hours of any change of residence address, mailing address, or telephone number.
12. O rder f si P ro h ib itin g C ontact. The Defendant agrees to strictly comply with all provisions of any court order
prohibiting contact. The Defendant shalLnot con tactor attem pt to contact:"*,
-Tiaw-A
13. Alcohol/Drugs P ro h ib ite d , t h e Defendant] shall not possess or consume alcohol, or any illegal nonprescribed drugs. Defendant understands and agrees th at Seattle Municipal Probation may order the Defendant to
provide samples of breath or urine from tim e to tim f as a means of monitoring this condition. The defendant
understands and agrees that failure to comply with tf\is condition shall be a violation o f this Agreement
14 .
F irea rm s. The Defendant shall not possess br own any firearm or other dangerous weapon. The
Defendant shall forfeit firearms, dangerous weapons, and any Concealed Pistol License by the end of the next
business day.
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15 . Chem ical D ep en d en cy T re a tm e n t. The Defendant shall obtain a chemical dependency evaluation from a
state-certified agency (orADATSA if referred by probation), and thereafter successfully comply with all treatm ent
and is
for
of same with Seattle
Probation, Defendant shall
recommendations,
responsible
filing proof
Municipal
Fax:
(.
K?7
2 1 . R elea se A uthorization. The defendant agrees jto sign all necessary releases to allow Seattle Municipal
Probation and treatm ent providers to fully exchange information regarding compliance issues.
P rocedure on S uccessful Completion of Conditions
//>C>
If the Defendant has successfully complied
The City agrees to continue the case until/P/SM//
with the conditions of this Agreement, the Prosecution agrees to move to dismiss the charges with prejudice at that
time.
Defendant
, ,
D efendant's attorney
The court, having considered the motion, exhibits and arguments o f counsel, an d b av p g found that a
stipulated order of continuance is appropriate, hereby orders this m atter continued to J z /&)/ s
subject to the terms and conditions listed above.
;
Judge
T A i 'A V t - X A v '
\ j r A ' Fax:
A-
A A U A W
1313-1ASSLT-NONAGG-DV
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13134 ASSLT-NONAGG-DV
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1313-1ASSLT-NONAGG-DV
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'MENT
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JMENT
Offenses (Completed/Attempted)
Offense. # 1 1313-1 ASSLT-NONAGG-DV - COM PLETED
Location: RESIDENCE/HOME
Offender suspected of using: NOT A PPLICABLE
Criminal activity: GANG - NONE/UNKNOWN
Weapon type: PERSONAL WEAPONS (hands, 1st, teeth, etc.)
Related Eventfst
CP
2013-137730
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\
Related Personfs)
1. V IC TIM # l - M A RK H A M , T W ILA Y
(Case Specific Inform ation)
Sex: FEM A LE
Race: W H ITI
Date o f birth: i
Address;
lum cjpaH y^SEATTLE, Washington 98105District: U Beat: Grid: 282
Phone Numbers
Cellular:!
P articu lars
Height: S'02Weight: 175lbs.
Eye color: BLU E
Hair color: BROW N
L in kage factors
Resident status: RESID EN T
For: 6558
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MENT
2. A R R ESTED # 1 - M A RK H A M , G ERA LD W
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3 . W ITN ESS # 1 - M IG A L, SO N JI JA N
(Case Specific Inform ation)
Sex: FEM A LE
Race: UNKNOWN
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Addxes"
Municipality: S E A T T L E , Washington 98105District: U Beat: Grid: 282
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Phone Numbers
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For: 6558
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1313-1ASSLT-NONAGG-DV
Cellular.!
Particulars
Height: 5'0SWeiglit; 130lb$.
Eye color; DROWN
Hair color: BROW N
Linkage factors
Resident status : RESID EN T
Condition: NO V IS IB L E IM PA IRM EN T
Access to firearm : NO
For: 6558
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BACK-UP OFFICER(s):
(NAMES, SERIAL #'s, & ROLES IN INCIDENT)
{ofc Schmitt #7518, Assisted with contact and transport
-->}
[N] (Y/N)
[N] (Y/N)
(Y/N)
FLAGGED?:
[Y] (Y/N)
[N] (Y/N)
FINGERPRINTS
FINGERPRINTS SEARCH MADE?:
EVIDENCE OR CARDS SUBMITTED?:
ANALYSIS REQUEST SUBMITTED?:
COMPARISON REQUEST SUBMITTED?:
[NJ
[N]
[NJ
[N]
10
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[NJ
(Y/N)
(Y/N)
(Y/N)
(Y/N)
(Y/N)
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[NJ
(Y/N)
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V JiJk J J
J U t-l V A
1 _*.*_* A U A A V * /
w ' A
12 VICTIM INJURIES:
{Pain to right forearm
13 INCIDENTAL PROPERTY DAMAGE:
{N/A
-> )
(DESCRIPTION & VALUE)
14 VEHICLE IMPOUNDED?:
STORAGE LOCATION: [
[NJ
(Y/N)
F o r 6558
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P015/048
MENT
GERALD. TWILA and MIGAL went to TW ILA's house to get the dog. TWILA
^ ^ 7stated that GERALD told her he did not want her to go and began pushing he*'/
into a wall in and near the laying room. She_ stated that._bs_.uasd.MvS. hands/
and body to forcibly push her into ia wall, preventing her from walking away
frSm him. TWILA stated that she was fearful for her safety. TWILA stated
that GERALD told her that she shouljd stay so they couIiTTalk. TWILA then
stated to me, "I know better than (that though." TWILA pointed to her right
forearm and stated that she felt psjin there when she was getting pushed.
I
did not see any visible marks on TV)ILA. from tonight's incident.
X observed
a small scratch to TWILA 1 s right fcjrearm that was beginning to heal. TWILA
stated that she had received the sdratch a few days prior when GERALD was
grabbing her and she pulled away.
I spoke with MIGAL who advised that she was present during the incident.
She had gone to meet TWILA because TWILA was scared and wanted to leave her
house. MIGAL stated that she had been standing next to the front door
{with a clear view of the living room and kitchen) during the argument and
assault between GERALD and TWILA. |MIGAL stated that she saw GERALD push
and shove TWILA, knocking her intojwalls when she was trying to leave.
MIGAL had her two kids with her whiin she came to get TWILA. Her children
are about 3 and 5 years old. MIGAE, stated that she does not think they
witnessed the assault, just heardjthe commotion. MIGAL also stated that
she felt as though GERALD was holding back his anger toward TWILA because
she was present.
I
TWILA and MIGAL left and went to MJGAL's house. TWILA stated that she was
unable to take her dog because GERALD would not let her. While at MIGAL's
house, GERALD came over and began pounding on the front door. MIGAL stated
that GERALD was asking her if her husband was home tonight. MIGAL advised
me that her husband was not home tonight. GERALD walked away southbound
from MIGAL's residence.
After speaking with TWILA, I responded to GERALD'S house to attempt contact
with him. GERALD was home and agreed to come outside and speak with me,
TWILA. GERALD stated that he was
concerned about TWILA's level of intoxication and had told her not to leave
the house because she was too inebriated. GERALD also stated that he did
not want her to take the dog. GERALD stated that he and TWILA had both
tugged at the dog leash when TWILA! tried to take it
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1313-1ASSLT-NONAGG-JUV
I placed GERALD under arrest and wa ilked him to Officer Schmitt's patrol
vehicle. I advised GERALD of his J[iranda Rights. GERALD stated that he
understood his rights and wanted t< i speak further. GERALD stated that what
had occurred tonight did not amount . to a DV Assault. He restated that he
was just trying to keep TWILA from leaving when she was intoxicated.
Officer Schmitt transported GERALD to the North Precinct.
booked into KCJ.
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He was later
I re-contacted TWILA and walked heaj- back to her residence. TWILA stated
that she was concerned that GERALDjwould be angry about getting arrested.
She stated that she had recently told him that if he continued to hurt 'her
he would end up in jail. TWILA was|very fearful of GERALD being angry whenhe got out of jail. She stated that she is concerned that he will assault
her again. TWILA advised me that dERALD has numerous guns, but that she
has taken them and hidden them at her son1s house next door because she is
scared of what he might do to her. j TWILA also informed me that she has
been in contact with DAWN looking for assistance in removing herself from
an abusive relationship. TWILA stited that she will be staying somewhere
else in case GERALD is released frcpm jail. When I advised TWILA that she
should pack up personal belongings and clothing tonight she stated that she
already has an "escape bag" ready to go.
I provided TWILA with a business cdrd and case number as well as a DV
pamphlet.
A/Lt Pendergrass #4942 screened the incident and arrest at the North
Precinct.
-> }
I hereby declare (certify) under pen alty of perjury under the laws of the
State of Washington that this report is true and correct to the best of
my knowledge and belief (RCW 9A.72.0 35)
Electronically signed:
SAN MIGUEL, SHELLEY A
F o r 6558
Date: Apr-25-2013
Place: Seattle, WA
Page 7 o f 36
Fax:
MENT
G.E1 'OERAL O F F E N S E H A R D C O P Y
SR kTTLE LAW DEPT RELEASE COPY
1313-1ASSLT-NONAGG-DV
j______________ ______
REPORT INFORMATION
Offense # : 137730
Offense year : 2013
Date occurred :04-24-2013
Time reported :2141
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Status : O (OPEN)
Family Violence : N
Submitted by
6910 {SAN MIGUEL, SHELLEY A
Date reported :04-24-2013
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Time reported ;2141 1
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Org Unit : B123U (NORTH PCT 3 RD W -j UNION)
Location : 810 NE 58 ST
Municipality : SE (SEATTLE)
County : 17 (KING)
Bias : 88 (NONE (NO BIAS))
Felony/Migdemeanor : M
Gang involved : N (NO GANG INVOLVEMENT)
IBR OFFENSE
(6910))
NARRATIVE TEXT
Subject ; INCIDENT NARRATIVE
Type of text : NT (NARRATIVE)
For: 65S8
Page 8 o f 36
Fax:
.WENT
g en er a l o ffen se h a rd co py
(Y/N)
[N3 (Y/N)
[Yj
(Y/N)
(Y/N)
8 FINGERPRINTS
FINGERPRINTS SEARCH MADE?: [N] (Y/V)
EVIDENCE OR CARDS SUBMITTED?: [N] Y/N)
ANALYSIS REQUEST SUBMITTED?: [N] (+/N)
COMPARISON REQUEST SUBMITTED?: [N] (Y/N)
(Y/N)
12 VICTIM INJURIES:
For: 6558
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G E nIERAL o f f e n s e h a r d c o p y
SB;kTTLE L A W DEPT RELEASE COPY
1313-1ASSLT-NONAGG-DV
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(DESCRIPTION & VALUE)
[NJ (Y/N)
F o r 6558
Page 10 o f 3 6 ]
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1313-1ASSLT-NONAGG-DV
and body to forcible push her into a wall, preventing her from walking away
from him. TWILA stated that she was fearful for her safety. TWILA stated
that GERALD told her that she shoulId stay so they could talk. TWILA then
stated to me, "I know better than tjhat though." TWILA pointed to her right
forearm and stated that she felt ps in there when she was getting pushed. I
did not see any visible marks in TV ILA from tonight's incident. I observed
a small scratch to TWILA's right c:rearm that was beginning to heal. TWILA
stated that she had received the sd:retch a few days prior when GERALD was
grabbing her and she pulled away.
I spoke with MIGAL who advised that she was present during the incident.
She had gone to meet TWILA because TWILA was scared and wanted to leave her
house. MIGAL stated that she had be en standing next to the front door
{with a d e a r view of the living rclom and kitchen) during the argument and
assault between GERALD and TWILA. t^IGAL stated that she saw GERALD push
and shove TWILA, knocking her intoiwalls when she was trying to leave.
MIGAL had her two kids with her wh^n she came to get TWILA. Her children
are about 3 and 5 years old. MIGAL Istated that she does not think they
witnesses the assault, just heard the commotion. MIGAL also stated that
she felt as though GERALD was holdijng back his anger toward TWILA because
she was present.
TWILA and MIGAL left and went to MIGAL's house. TWILA stated that she was
unable to take her dog because GERi ,LD would not let her. While at MIGAL's
house, GERALD came over and began pounding on the front door. MIGAL stated
that GERALD was asking her if her 1usband was home tonight. MIGAL advised
me that her husband was not home tdnight. GERALD walked away southbound
from MIGAL's residence.
After speaking with TWILA, I respor ded to GERALD'S house to attempt contact
with him. GERALD was home and agree d to come outside and speak with me.
GERALD denied placing his hands on TWILA. GERALD stated that he was
concerned about TWILA's level of ir toxication and had told her not to leave
the house because she was too inebx rated, GERALD also stated that he did
not want her to take the dog. GERAL!D stated that he and TWILA had both
tugged at the dog leash when TWILA tried to take i t .
I did not immediately advised GERAI D that he was being audio recorded,
When I did advise him, GERALD state d that he no longer wanted to talk and
attempted to walk back into his house. I advised GERALD that he was not
free to walk away. GERALD stated tbat he was done talking about the
incident and wanted a lawyer.
I placed GERALD under arrest and wdlked him to Officer Schmitt's patrol
vehicle. I advised GERALD of his Miranda Rights. GERALD stated that he
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Page 11 of 36
Fax:
vfENT
understood his rights and wanted tc speak further. GERALD stated that what
had occurred tonight did not amount! to a DV Assault. He restated that he
was just trying to keep TWILA from leaving when she was intoxicated.
Officer Schmitt transported GERALD to the North Precinct. He was later
booked into KCtf.
I re contacted TWILA and walked her back to her residence- TWILA stated
that she was concerned that GERALD would be angry about getting arrested.
She stated that she had recently told him that if he continued to hurt her
he would end up in jail. TWILA was very fearful of GERALD being angry when
he got out of jail. She stated that she is concerned that he will assault
her again. TWILA advised me that GERALD has numerous guns, but that she
has taken them and hidden them at her son's house next door because she is
scared of what he might do to her. jTWILA also informed me that she has
been in contact with DAWN looking for assistance in removing herself from
an abusive relationship. TWILA stafed that she will be staying somewhere
else in case GERALD is released from jail. When I advised TWILA that she
should pack up personal belongings and clothing tonight she stated that she
already has an "escape bag" ready tto go.
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Location : 810 NE 58 ST
Municipality : SE
County : 17
X-coordinate : 1274274
Y-coordinate .- 248286
Longitude = -122.31951
Latitude : 47.6709734
Latitude-Degrees : 47
Latitude-Minutes : 40
Latitude-Seconds : 15-50
Latitude-Hemisphere : N
Longitude-Degrees : 122
Longitude-Minutes : 19
Longitude-Seconds : 10.27
Longitude-Hemisphere : wi
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1313-1ASSLT-NONAGG-DV
PERSON
Role : 3 (ARRESTED)
No : 1
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Surname : MARKHAM
!
First : GERALD
Middle : W
Sex : M
Address : 810 NE 58 ST
City : SEATTLE
State : WA (WA)
Zip : 98105DOB
App. age : 6 5
Race : U (UNKNOWN)
206
Cell phone (<
Cell phone
Driver's license
SOI : AK (AK)
Occupation : LAWYER
Emp. Address : ALASKA
Height : 6 102
Weight : 240
Hair color : b r q (BROWN)
Eye color : BLU (BLUE)
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Facial hair description : B (BEARDj FULL - TRIMMED/SHORT)
Facial hair color : GRY (GRAY OR P4 RTIALLY GRAY)
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PERSON LINKAGE
Resident status : R (RESIDENT)
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Age range : M (M - 65-98 y e a r s )
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Arrest date : 04-25-2013
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Arrest type : O (INCIDENT AND ARREST)
Offense : 1313
Ext : 1
A/C : C
Armed with : 1 (UNARMED)
Disposition : 7 (BOOKED KCJ)
Access to firearms : N
PERSON
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1313-1ASSLT-NONAGG-DV
_ = = = = = = M = = _ _ _ _ _ _ = = = = = = . _ _ _ _ _ _ _ ===:=====lia
Role : 1 (VICTIM)
No : 1
Surname i MARKHAM
First : TWILA
Middle : Y
Sex : F
Address : 810 NE 58 ST
City : SEATTLE
State : WA (WA)
Zip : 98105DOB
App. age
Race ; W (WHITE)
Cell phone (area code]
Cell phone :l
Driver 1s license
SOI : AK (AK)
Height : 5'02
Weight : 175
Hair color : 8R0 (BROWN)
Eye color : BLU (BLUE)'
206
PERSON LINKAGE
Resident status : R (RESIDENT)
Drug/alcohol : 2 (OBVIOUS)
Age range : M (M - 65-98 YEARS)
Type of injury : N (NONE APPARENT)
Access to firearms : N
Relationship to offender
Role : 3 (ARRESTED)
# : 1
:=SSQ =:
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1313-1ASSET-NONAGG-DV
PERSON
---------- ;^ = = = ^ = = = _ = _ = = = = = a = = = = 5 = = 1 = M = = = =
Role ; 7 (WITNESS)
No : 1
Surname : MIGAL
First . SONJI
Middle : JANE
Sex : F
Address : 5906 8 AV NE
City : SEATTLE
State : WA (WA)
Zip : 98105Race : U (UNKNOWN)
Cell phone (area code)
Cell phone
Driver's license
SOI ; WA (WA)
Height : 5'OS
Weight : 130
Hair color : BRO (BROWN)
Eye color : BRO (BROWN)
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PERSON LINKAGE
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__________________ = _
_________ = = = = = = = = _________ ____________________________ = - = = = = - __________ = = - = =
Resident Status ; R (RESIDENT)
|
Drug/alcohol : 3 (NO VISIBLE IMPAIRMENT)
Access to firearms : N
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Ig n A I
REPORT INFORMATION
Offense # : 137730
Offense year : 2013
Date occurred : 04-24-2013
Time reported : 2141
Status : O (OPEN)
Family Violence : N
Submitted by : 6910 (SAN MIGUEL, SHELLEY A (6910))
Date reported : 04-24-2013
Time reported : 2141
Org Unit : B123U (NORTH PCT 3RD W -) UNION)
Location : 810 NE 58 ST
Municipality : SE (SEATTLE)
j
County : 17 (KING)
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Bias : 88 (NONE (NO BIAS))
Felony/Misdemeanor : M
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Gang involved : N (NO GANG INVOLVEMENT)
IBR OFFENSE
Offense code : 1313
Offense extension : 1
C/A : C
Offender suspected of using co: N iNOT APPLICABLE)
Location type codes : 20 (RESIDENC]IE/HOME)
Type of weapon used : 40 (PERSONAL WEAPONS (HANDS, FIST, TEETH,
ETC.))
NARRATIVE TEXT
Subject : INCIDENT NARRATIVE
Type of text : NT (NARRATIVE)
For: 6558
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1313-1ASSLT-NONAGG-DV
(Y/N)
[N] (Y/N)
[N]
[Y]
(Y/N)
(Y/N)
8 FINGERPRINTS
FINGERPRINTS SEARCH MADE?: [N] (Y/ptr)
EVIDENCE OR CARDS SUBMITTED?: [N] Y/N)
ANALYSIS REQUEST SUBMITTED?: [N] (t/N)
/N)
COMPARISON REQUEST SUBMITTED?: [N] (Y/N)
N]
[N]
(Y/N)
(Y/N)
12 VICTIM INJURIES:
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[N]
(Y/N)
For: 6558
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Ipis&M
GO# 2013-137730 OPEN
1313-1ASSLT-NONAGG-DV
and body to forcibly push her into a wall, preventing her from walking away
from him. TWILA stated that she was fearful for her safety. TWILA stated
that GERALD told her that she shou d stay so they could talk. TWILA then
stated to me, "I know better than that though." TWILA pointed to her right
forearm and stated that she felt pf.in there when she was getting pushed. I
did not see any visible marks on TW ILA from tonight's incident. I observed
a small scratch to TWILA's right fo:rearm that was beginning to heal. TWILA
stated that she had received the scratch a few days prior when GERALD was
grabbing her and she pulled away.
I spoke with MIGAL who advised that she was present during the incident.
She had gone to meet TWILA because TWILA was scared and wanted to leave her
house. MIGAL stated that she had been standing next to the front door
{with a clear view of the living r o om and kitchen) during the argument and
assault between GERALD and TWILA MIGAL stated that she saw GERALD push
and shove TWILA, knocking her into walls when she was trying to leave,
MIGAL had her two kids with her whe n she came to get t w i l a . Her children
are about 3 and 5 year's old. MIGAL stated that she does not think they
witnessed the.assault, just heard the commotion. MIGAL also stated that
she felt as 'though GERALD was hold ng back his anger toward TWILA because
she was present,
TWILA and MIGAL left and went to MIGAL1s house. TWILA stated that she was
unable to take her dog because GERiLLD would not let her. While at MIGALs
house, GERALD came over and began pounding on the front door. MIGAL stated
that GERALD was asking her if her husband was home tonight. MIGAL advised
me that her husband was not home tcpnight. GERALD walked away southbound
I
from MIGAL1s residence.
After speaking with TWILA, I respoijided to GERALDS house to attempt contact
with him. GERALD was home and agreed to come outside and speak with me.
GERALD denied placing his hands onjTWILA. GERALD stated that he was
concerned about TWILA 1 s level of intoxication and had told her not to leave
the house because she was too inebriated. GERALD also stated that he did
not want her to take the dog. GERALD stated that he and TWILA had both
tugged at the dog leash when TWILA tried to take i t .
I did not immediately advised GERAfjD that he was being audio recorded.
When I did advise him, GERALD stated that he no longer wanted to talk and
attempted to walk back into his house. I advised GERALD that he was not
free to walk away. GERALD stated that he was done talking about the
incident and wanted a lawyer.
I placed GERALD under arrest and walked him to Officer Schmitt's patrol
vehicle. I advised GERALD of his Miranda Rights. GERALD stated that he
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Understood his rights and wanted to speak further. GERALD stated that what
had occurred tonight did not amount to a DV Assault. He restated that he
was just trying to keep TWILA from leaving when she was intoxicated.
Officer Schmitt transported GERALD to the North Precinct. He was later
booked into KCJ.
I re-contacted TWILA and walked hef back to her residence. TWILA stated
that she was concerned that GERALD would be angry about getting arrested.
She stated that she had recently told him that if he continued to hurt her
he would end up in jail. TWILA was very fearful of GERALD being angry when
he got out of jail. She stated that she is concerned that he will assault
her again. TWILA advised me that GERALD has numerous guns, but that she
has taken them and hidden them at her son's house next door because she is
scared of what he might do to her. TWILA also informed me that she has
been in contact with DAWN looking for assistance in removing herself from
an abusive relationship, TWILA stated that she will be staying somewhere
else in case GERALD is released from jail. When I advised TWILA that she
should pack up personal belongings and clothing tonight she stated that she
already has an "escape bag" ready to go.
I provided TWILA with a business card and case number as well as a DV
pamphlet.
A/Lt Pendergrass #4942 screened the incident and arrest at the North
Precinct.
-> }
NARRATIVE TEXT
aaSSdSr=r===~~
Subject : REPORT SNAPSHOT
Type of text : SS ([REPORT SNAPSHOTT] )
Author : 6910 (SAN MIGUEL, SHELLEY A)
Related Date : 04-25-2013
Time : 0127
Textual representation of the offider's MRS report
REPORT INFORMATION
Offense # : 137730
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IBR OFFENSE
Offense code : 1313
Offense extension : 1
C/A : C
Offender suspected of using co: N (NOT APPLICABLE)
Location type codes : 20 (RESIDENCh /HOME)
Type of weapon used : 40 (PERSONAL WEAPONS (HANDS, FIST, TEETH,
ETC.))
NARRATIVE TEXT
Subject : INCIDENT NARRATIVE
Type of text : NT (NARRATIVE)
Author : 6910 (SAN MIGUEL, SHELLEY A)
Related Date : 04-25-2013
Time : 0124
==*<======== GENERAL OFFENSE INITIAL INVESTIGATION NARRATIVE
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(NJ
(Y/N)
[N]
(Y/N) FLAGGED?:
[N]
(Y/N)
[Y]
(Y/N)
(Y/N)
8 FINGERPRINTS
tN]
(Y/N)
12 VICTIM INJURIES:
{Pain to right forearm -->}
13 INCIDENTAL PROPERTY DAMAGE:
{N/A -->}
14 VEHICLE IMPOUNDED?:
STORAGE LOCATION: [ ]
[N]
(Y/N)
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15 INITIAL INCIDENT DESCRIPTION / NARRATIVE:
{On April 24, 2013 I was working uniformed patrol in a single officer
marked unit as 3U03. At approximately 2143 hours I was dispatched to a DV
disturbance call at 5906 8 Ave NE. The call read, "COMPL*S FRIEND'S
HUSBAND OUTSIDE OF THE DOOR. HE PUSHED THE VICTIM EARLIER. SUSP HAS ACCESS
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TO GUNS BUT COMPL HAS NOT SEEN ONE. " Updates on the call included, "VICTIM
IS WITH THE COMPL BECAUSE SHE WAS CARED" and "THE SUSPECT LIVES WITH THE
VICTIM AT 810 NE 58 ST . UNK WHERE SUSPECT IS NOW,THEY DON'T SEE HIM . HE
IS POSS INTOX ."
I arrived at C/MIGAL's residence ar.d contacted MIGAL and V/Markham, TWILA Y
w/F/04-22-1948 inside. t w i l a appeared very frightened and upset. She was
initially having trouble answering questions about what had happened. As
she spoke she would repeatedly stop and attempt to hold back tears and
catch her breath. TWILA stated to me that she and her husband A/Markham,
GERALD W W/M/09-09-1947 have been ttiarried for 35 years. And currently live
together at 810 NE 58 ST.
j
TWILA advised me of the following: j
GERALD has been going to anger mandgement sessions recently. The sessions
are attended by him but for their on. He has been angry all week after
attending the session. Tonight GB!RSp:D was also upset about TWILA not
answering her phone. TWILA stated that GERALD is very controlling and get
upset at her very easily. Because ERALD was upset today, TWILA decided to
go to her son1s house (next door tc theirs) after dropping her son off at
the airport. TWILA stated that she was concerned that GERLAD would assault
her because he is already upset. TW ILA stated that there is a history of
unreported assaults between GERALD and her. She explained that he had
11 slugged" her in the past.
TWILA wanted to go to her friend MI GAL1s house tonight to be away from
GERALD. She stated that she wanted to bring her dog because it is sick and
needs medication. She did not feel comfortable leaving the dog with
GERALD. TWILA and MIGAL went to TW j|l a 's house to get the dog. TWILA
stated that GERALD told her he did not want her to go and began pushing her
into a wall in and near the living jroom. She stated that he used his hands
and body to forcible push her into a wall, preventing her from walking away
from him. TWILA stated that she wag fearful for her safety. TWILA stated
that GERALD told her that she should stay so they could talk. TWILA then
stated to me, 'I know better than that though." TWILA pointed to her right
forearm and stated that she felt pain there when she was getting pushed. I
did not see any visible marks in TWILA from tonight's incident, i observed
a small scratch to TWILA's right fcrearm that was beginning to heal. TWILA
stated that she had received the sqratch a few days prior when GERALD was
grabbing her and she pulled away.
I spoke with MIGAL who advised that she was present during the incident.
She had gone to meet TWILA because TWILA was scared and wanted to leave her
house. MIGAL stated that she had be en standing next to the front door
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(with a clear view of the living rdora and kitchen) during the argument and
assault between GERALD and TWILA. t-IGAL stated that she saw GERALD push
and shove TWILA, knocking her into walls when she was trying to leave,
MIGAL had her two kids with her whe n she came to get TWILA. Her children
are about 3 and 5 years old. MIGAL stated that she does not think they
witnesses the assault, just heard rihe commotion. MIGAL also stated that
she felt as though GERALD was holdi jng back his anger toward TWILA because
she was present.
TWILA and MIGAL left and went to M3 GAL's house- TWILA stated that she was
unable to take her dog because G E M J3D would not let her. While at MIGAL's
house, GERALD came over and began pjiounding on the front door. MIGAL stated
that GERALD was asking her if her 1 usband was home tonight. MIGAL advised
me that her husband was not home tqnight. GERALD walked away southbound
from MIGAL's residence.
After speaking with TWILA, I respot ded to GERALD'S house to attempt contact
with him. GERALD was home and agree d to come outside and speak with me.
GERALD denied placing his hands on TWILA. GERALD stated that he was
concerned about TWILA's level of ir toxication and had told her not to leave
the house because she was too inebr iated. GERALD also stated that he did
not want her to take the dog. GERAI D stated that he and TWILA had both
tugged at the dog leash when TWILA tried to take i t .
I did not immediately advised GERAI D that he was being audio recorded,
When I did advise him, GERALD stateid that he no longer wanted to talk and
attempted to walk back into his hot;se. I advised GERALD that he was not
free to walk away, GERALD stated tl at he was done talking about the
incident and wanted a lawyer.
I placed GERALD under arrest and wa Iked him to Officer Schmitt's patrol
vehicle. I advised GERALD of his Mi randa Rights. GERALD stated that he
understood his rights and wanted tc speak further. GERALD stated that what
had occurred tonight did not amount to a DV Assault. He restated that he
was just trying to keep TWILA from jleaving when she was intoxicated.
Officer Schmitt transported GERALD to the North Precinct. He was later
booked into KCJ.
I re contacted TWILA and walked her back to her residence- TWILA stated
that she was concerned that GERALD would be angry about getting arrested.
She stated that she had recently told him that if he continued to hurt her
he would end up in jail. TWILA was very fearful of GERALD being angry when
he got out of jail, she stated that! she is concerned that he will assault
her again. TWILA advised me that GERALD has numerous guns, but that she
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SEATTLE POLICE
D EP
XMENT
has taken them and hidden them at her son's house next door because she is
scared of what he might do to her. TWILA also informed me that she has
been in contact with DAWN looking for assistance in removing herself from
an abusive relationship. TWILA sta ted that she will be staying somewhere
else in case GERALD is released froiittt jail, when I advised TWILA that she
should pack up personal belonging! and clothing tonight she stated that she
already has an escape bag" ready tio go.
I provided TWILA with a business card and case number as well as a DV
pamphlet.
A/Lt Pendergrass #4942 screened the incident and arrest at the North
Precinct.
- -
>
Location : 810 NE 58 ST
Municipality : SE
County ; 17
X-coordinate : 1274274
Y-coordinate : 248286
Longitude : 122.31951
Latitude s 47.6709734
Latitude-Degrees : 47
Latitude-Minutes : 40
Latitude-Seconds -. 15.50
Latitude-Hemisphere : N
Longitude-Degrees : 122
Longitude-Minutes : 19
Longitude-Seconds : 10,27
Longitude-Hemisphere : W
PERSON
Role : 3 (ARRESTED)
No : 1
Surname : MARKHAM
First : GERALD
Middle : W
Sex : M
Address : 810 NE 58 ST
City : SEATTLE
State : WA (WA)
Zip : 98105-
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1313-1ASSLT-NONAGG-DV
DOB : 09-09-1947
App. age : 65
Race : U (UNKNOWN)
Cell phone {area code) : 206
Cell phone : 669-1607
Driver's license : 0184904
SOI : AK (AK)
Occupation : LAWYER
Emp. Address : ALASKA
Height : 6 *0 2
Weight : 240
Hair color : BRO (BROWN)
Eye color : BLU (BLUB)
Racial hair description : B (BEARD, FULL - TRIMMED/SHORT)
Facial hair color . GRY (GRAY OR PARTIALLY GRAY)
PERSON LINKAGE
Resident status : R (RESIDENT)
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Age range : M (M - 65-98 YEARS)
I
Arrest date : 04-25-2013
Arrest type : O (INCIDENT AND ARRES T)
Offense ; 1313
Ext s 1
A/C : C
Armed with : 1 (UNARMED)
Disposition : 7 (BOOKED KCJ)
Access to firearms : N
PERSON
Role : 1 (VICTIM)
No : 1
Surname .* m a r k h a m
First : TWILA
Middle ; Y
Sex : F
Address : 810 NE 58 ST
City ; SEATTLE
State : WA (WA)
Zip ; 98105DOB : 04-22-1948
App. age : 65
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Race : W (WHITE)
Cell phone (area code) : 206
Cell phone : 953-1708
Driver-'s license : 1008864
SOI : AK (AK)
Height : 5'02
Weight .
175
Hair color : BRO (BROWN)
Eye color : BLN (BLUE)
PERSON LINKAGE
Resident status : R (RESIDENT)
Drug/alcohol : 2 (OBVIOUS)
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Age range t M (M - 65-98 YEARS)
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Type of injury : N (NONE APPARENT) j
Access to firearms : N
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PERSON
Role : 7 (WITNESS)
No : 1
Surname : MIGAL
First : SONJI
Middle : JANE
Sex : F
Address : 5906 8 AV NE
City : SEATTLE
State : WA (WA)
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g en era l o ffen se h a rd co py
1313-1ASSLT-NONAGG-DV
PERSON LINKAGE
a
Resident status : R (RESIDENT)
Drug/alcohol : 3 (NO VISIBLE IMPAIRMENT)
Access to firearms : N
Location : 810 NE 58 ST
I
Municipality : SB
County : 17
X-coordinate : 1274274
Y-coordinate : 248286
Longitude : -122.31951
Latitude
47.6709734
Latitude-Degrees : 47
Latitude-Minutes : 40
Latitude-Seconds
15.50
Latitude-Hemisphere : N
Longitude-Degrees : 122
Longitude-Minutes : 19
Longitude-Seconds : 10.27
Longitude-Hemisphere : W
PERSON
Role : 3 (ARRESTED)
No : 1
Surname : MARKHAM
First : GERALD
Middle : W
Sex : M
Address : 810 NB 58 ST
City : SEATTLE
State : WA (WA)
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Zip : 9810Sj
DOB : 09-09-1547
App. age : 65
Race : U (UNKNOWN)
Cell phone (area code) : 206
Cell phone : 669-1607
Driver's license : 0184904
SOI : AK (AK)
j
Occupation : LAWYER
Emp. Address : ALASKA
Height
6 102
Weight : 240
Hair color : BRO (BROWN)
Eye color : BLU (BLUB)
Facial hair description : B (BEARD, FULL - TRIMMED/SHORT)
Facial hair color : GRY (GRAY OR PARTIALLY GRAY)
PERSON LINKAGE
Resident status : R (RESIDENT)
Age range : M (M - 65-98 YEARS)
Arrest date : 04-25-2013
Arrest type ; O (INCIDENT AND ARREST)
Offense : 1313
Ext : 1
A/C : C
PERSON
Role : 1 (VICTIM)
No : 1
Surname : MARKHAM
First : TWILA '
Middle : Y
Sex : F
Address i 810 NE 58 ST
City : SEATTLE
State = WA (WA)
Zip : 98105DOB ; 04-22-1948
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App. age : 65
Race : W (WHITE)
Cell phone (area code) : 206
Cell phone : 953-1708
Driver's license : 1008864
SOI : AK (AK)
Height : 5'02
Weight : 175
Hair color : BRO (BROWN)
Eye color :BLU (BLUE)
PERSON LINKAGE
Resident status ; R (RESIDENT)
Drug/alcohol : 2 (OBVIOUS)
Age range : M (M - 65-98 YEARS)
Type of injury : N (NONE APPARENT)
Access to firearms : N
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PERSON
Role : 7 (WITNESS)
No : 1
Surname : MIGAL
First : SONJI
Middle i JANE
Sex : F
Address : 5906 8 AV NE
City : SEATTLE
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.MENT
State : WA (WA)
Zip : 98105Race : U (UNKNOWN)
Cell phone (area code) : 408
Cell phone : 636-3154
Driver's license : MIGALSJ298LA
SOI : WA (WA)
Height : S'05
Weight : 130
Hair color : BRO (BROWN)
Eye color : BRO (BROWN)
PERSON LINKAGE
Resident status : R (RESIDENT)
Drug/alcohol : 3 (NO VISIBLE IMPAIRMENT)
Access to firearms : N
\
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SEATTLELAWDEPTRELEASE COPY
1313-1 ASSLT-NONAGG-DV
FollowUpReport# 1
Follow Up Report # 1
Assignment Information
Assigned to: 4942 - PEN D ERGRA SS, PAUL Rank:
Assigned on: Apr-25-2013 (Thu.) 542 by: 4942 - PENDERGRASS, PAUL
Report due on: Apr-25-2013 (Thu.)
Submitted on: Apr-25-2013
Approved on: Apr-25-2013
(Thu.) 146
(Thu.) by: 6237 - HUGHES, GRETCHENK
FollowUp Conclusion
Follow Up concluded: Y E S
i________________________________
a r r e s t s c r e e n i n g ========:
INVOLVED OFFICER(S):
{SanMiguel
DATE/TIME OF SCREENING:
[04-24-2013 2340
j
]!
LOCATION OF SCREENING/INTERVIEW:
{North Precinct
j
DISPOSITION OF SUBJECT: [X]BOOKED
IF OTHER, DESCRIBE:
{
->}
6
7
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-->}
U & R d
[ JOTHER
[N] (Y/N)
[Y] (Y/N)
[N] (Y/N)
Page 32 o f 36
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MENT
FolW Up Report# 1
IF SO, DESCRIBE:
{
-->}
9 SUBJECT REPORTED INJURY OR MEDICl&L CONDITION?
IF SO, DESCRIBE:
{
->}
10 SFD CALLED?
IF SO, UNIT RESPONDING:
[
]
11 IF INJURIES OBSERVED OR REPORTED
DID THEY OCCUR BEFORE THE ARRE ST/DETENTION?
[N] (Y/N)
[N] (Y/N)
[ ] (Y/N)
[N] (Y/N)
[ ] (Y/N)
[N] (Y/N)
I hereby declare (certify) under penalty of perjury under the laws of the
State of Washington that this reportjis true and correct to the best of
my knowledge and belief (RCW 9A.72.0S5)
Electronically signed:
PENDERGRASS, PAUL
D ate: A pr'^5-2013
Place: Seattle, WA
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Printed
On: Apr-25-2013
(Thu.)
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1313-1ASSLT-NONAGG-DV
GO#2013-137730 OPEN
Follow Up Report # 1
REPORT INFORMATION
Offense # : 137730
Offense year : 2013
NARRATIVE TEXT
Subject : SGT ARREST SCREENING
Type of text : NT (NARRATIVE)
Author : 4942 (PENDERGRASS, PAUL)
Related Date : 04-25-2013
Time : 0107
-===SERGEANT ARREST SCREENING=
1 INVOLVED OFFICER(S):
{SanMiguel >}
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IF OTHER, DESCRIBE:
{ ~>}
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[X] BOQKElj) [ JI&R'd [ ]OTHER
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1313-1ASSLT-NONAGG-PV
Follow Up Report # 1
{ -->}
8 ANY INJURIES OBSERVED? [N]
IF SO, DESCRIBE:
!
(Y/N) j
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[N]
(Y/N)
( ] (Y/N)
(Y/N)
E]
14 ADDITIONAL INFORMATION:
{ ">}
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(Y/N)
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!
* * * ENEf O F HARDCOFY * * *
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Fax:
Page 1
FOR: VTM1
CALL:
Thu, Apr-25-2013
Reed:
Queued:
Disp:
Enroute;
A:
Cleared:
Wed,
Wed,
Wed,
Wed,
Wed,
Thu,
Apr-24-20l3
Apr-24-2013
Apr-24-2013
Apr-24-2013
Apr-24-2013
Apr-25-2013
Address: 5906 8 AV NE
Community: SEATTLE District: U
j
Zonej; U2
Grid
282
Entities:
SUSPECT
MARKHAM JERRY
Description WM, 66YO, 6'1, MED, GLASSES, LONG WHI BEARD, GRY
SWEATSHIRT, GRY SWEATS,
SUSPECT VEHICLE License: UNK POI: WA Year of Issue:
Vehicle: Make: VOLV
Style: SW
Color: LGR
vehicle Towed:
Number of occupants
Occupants Ejected
Seat Belts :
Additional Remarks:
CLK
7373
l
WHITE, ELIZABETH M. Oil 21 :j43 Wed Apr 24 2013
j
7373
Fax:
(M): THE SUSPECT LIVES Wi. . THE VICTIM AT 810 NE 58 ST . UN. JHERE
Page: 2
FOR: VTM1
CALL:
ND
7320
Thu, Apr-25-2013
7320
3U03-PT
Officer(s)
6910
SAN MIGUEL
3U3-PT
7518
SCHMITT, B
3U03-PT
6910
SAN MIGUEL
Times
Dispatch: Apr-24-20X3 23:13:39
Enroute: Apr-24-2013 23:13:39
A: Apr-24-2013
Cleared: Apr-25-2013
Dispatch; Apr-24-2013
Enroute: Apr~24~2013
A: Apr-24-2013
TR: Apr-24-2013
tr Complete; Apr-24-2013
Cleared: Apr-24-2013
Dispatch: Apr-24-2013
Enroute: Apr-24-2013
A: Apr-24-2013
Cleared: Apr-24-2013
23:13:56
01:49:54
21:43:06
21:43:06
21:45:21
22:24:21
22:34 :36
23:58:45
21:43:06
22:52:14
22:52:14
22:56:04
Fax:
Page 3
FOR: VTMl
CALL;
Thu, Apr-25-2013
137730 Status:
7518
ND
CLK
7373
/NEIGHBOR
CLK
7373
7373
CLK
CLK
7373
MARKHAM DERRY
SWEATS,
ND
6910
ND
7518
21:45:21
21:44:46
21:44:46
21:44:46
21:44:26
WM, 66YO
A :3U3 PT
Cqmp.Name:CHANGED TO:MIGAL SONuI
Ccpip.Contact:CHANGED TO:I
Comp.phone:CHANGED TO:C 406 636-3154
i/24/2013
ENTITT:UPDATED SUSPECT TO SUSPECT
6'1, MED, GLASS S, LONG WHI BEARD, GRY SWEATSHIRT, GRY
21:43:06
21:43:06
/2013
/2013
E :3U03 PT 906 g AV NE
E :3U3 PT 5906 8 AV NE
Officer Signature
: ________________ j
_________________
s
Supervisor Approval: ___
j
___________
A /\/\/\/\A /\A /W \/\/W \/\/\/\A /\h /\/\/\A /W \/\/\A /\/\A A /\A /\/\/\A /\A A /\
CAD operators
Serial Number
7023
7162
Person(s)
Birth
!
Operator Name
DEESE, HEIDI L
SHAGER-HICKS, ASHLEY LYNN
Sex
City
blank SEATTLE
Vehicle(s)
PLATE
UNK
Stat l
Zip
First
WA
blank MARKHAM
JERRY
i
HAKE CITY
stAte zipcqde
VOLV SEATTLE
WA
blank