A Sample Court Report

I have felt like writing lately so I will continue to do so. After yesterday's post regarding my early life, I thought some of you might like to know a bit about what I did as a vocation. I have received a number of compliments regarding my writing ability for which I am grateful. Most people do not know that for many years as a Probation Officer, I wrote reports for the Court. In this job I got a lot of practice as an "Indentured Wordsmith." The following is a fictional account of one such report.


The defendant in this case was convicted of attempted robbery. In addition to all the other information required by the Court, the reports I wrote contained information resulting from my own investigation including my interviews of the victim and defendant. Most of the report is who, what, why, where and how, but in the evaluation section, I got to throw in my opinion about what consequences the guy should get. Keep in mind, the defendant had already been convicted which included that he serve up to 12 months in County Jail followed by three years’ probation. I hope it is an interesting lead and will give my readers a look into a world unseen by many. It should be noted that the Courts (Judges, DA’s and Defense Attorneys) rely on such reports which offer a concise account of a particular crime.

SUMMARY OF OFFENSE:
On September 6, 2007, at approximately 8:58 p.m., two suspects entered a Shorty’s Drug Store in San Jose and selected several bottles of alcohol. The two suspects walked toward the front cashier where they were observed by the store supervisor, Barney Rubble. He had noticed them because they did not appear to be of legal drinking age. One of the suspects stopped near the front cash register, but the other one walked directly toward the front doors of the store where the manager had positioned himself. When Mr. Rubble told them he had to pay for the merchandise, the suspect said, “Get the f--- out of my way,” then charged at the victim pushing him out the front doors. One of the suspects struck the victim on the left side of his face with one of the two liquor bottles he was holding and attempted to fight his way out the door. Other employees and security officers rushed to assist the victim, and one suspect was eventually restrained and held for the police. He was identified as the defendant Brad Pitt.

Upon being interviewed by the police, the defendant stated he and a friend had entered the store, without money, but with the intent of stealing alcohol. He refused to answer any further questions and was subsequently booked into the County Jail for violation of Penal Code 245 and Penal Code 211.

VICTIM’S STATEMENT:
On November 29, 2007, the undersigned spoke telephonically to the victim, Barney Rubble. He stated he is okay and did not suffer any major injuries or long term affects from being hit with the bottle. However, he speculated about the potential that he faced for being hurt in this situation. He said the bottle was big and heavy and he feels lucky he was not hurt. He also pointed out that at the time of the offense, the defendant appeared to be unremorseful for his actions and did not apologize to him.

The victim stated he would be claiming no restitution in this case and would not appear at the sentencing hearing today. Mr. Rubble did request that the defendant never come into his store again.

DEFENDANT’S STATEMENT:

On November 30, 2007, the defendant was interviewed at the C Unit at the Faddis Correctional Facility. When asked to explain the events of the evening on the day of the current matter, the defendant stated he was drunk when he and his friend entered the store to steal more alcohol. He said it was “the other guy’s idea” to steal the liquor and that there were three people waiting out in the car for them. The defendant had no further comment regarding his involvement in the matter.

When asked what he thought was an appropriate sentence for his crime, the defendant stated he should serve three or four months in jail and that he knew he would be put on probation afterwards. When asked how he thought the victim felt about being assaulted he replied, “Not good” and that it probably caused the victim to have a “bad day.” When asked why he thought he should be placed on probation, the defendant said it would help him to do better in his life if he were on probation. He said he would be able to comply with the terms and conditions.

Regarding his use of illegal substances, the defendant began drinking alcohol at age 16 and consumes it as much as three or four times per week. He considers himself to be an alcoholic. He said he began using marijuana at age 16 and has used it almost daily since then. He also admitted to the daily use of methamphetamine since about age 16 saying he spends approximately five to ten dollars per day on that substance. The defendant denied the use of all other illegal substances. When asked why he began using drugs, the defendant said he did so because he thought it was cool.

The defendant was born in Santa Clara County but at age three his parents separated and he moved with his mother to Charming, California. He is the only son of his parents and has two sisters. The defendant attended school until the 11th grade when he dropped out. Recently he moved back to Santa Clara County to live with his grandmother, but he has plans to return to Charming as soon as possible. When asked about gang activity, the defendant admitted he associates with gang members, but is not affiliated and he has no tattoos. When asked about his future plans, he replied he wants to get his GED and perhaps go into the Marines. When the undersigned pointed out to him that his felony conviction may prevent his enlistment in the Marines and asked the defendant what he would do if this were the case, he had no reply. The two jobs he has held thus far are as a pizza delivery person and stacking wood in a lumberyard. The defendant could give no idea of future career goals other than to say he would like to work in a “social” atmosphere, where he would be happy.

When asked if he had anything to add, the defendant stated he was sorry for committing the offense. He said he will not hang out with gang members in the future. He concluded by saying, “I want to be more civilized.”

CASE EVALUATION:
Appearing before the Court for sentencing is 19-year-old Brad Pitt, after pleading Nolo Contendere to one count of Attempted Robbery in the Second Degree on November 8, 2007.

The defendant and an unknown co-suspect entered a Shorty’s Drug Store with the intent to steal alcohol. As the suspects attempted to leave the store without paying for the liquor, the victim attempted to prevent their egress. In the process the victim was hit in the side of the head with a bottle of liquor. The victim was not seriously injured and is claiming no losses in this case.

The current matter represents the defendant’s first felony conviction as well as his first arrest for criminal activity. Although the defendant associates with gangs, he denies being a gang member. He describes himself as being an alcoholic who uses marijuana several times per week and methamphetamine daily.

The undersigned questions the level of sincerity the defendant expressed in saying he was sorry for the offense. Of great concern are the defendant’s substance abuse issues, his lack of education, and the apparent absence of the future plans he has for his career and life. While there were no serious injuries to the victim, the potential for harm was there and both the victim and the defendant were benefited by how the situation actually turned out. It is the opinion of the undersigned that the defendant should be using his time in the Faddis Correctional Facility working to better himself. The facility has programs available to the defendant through which he could earn his GED while in custody as well as other life skills and counseling programs that could help to guide this young man into adulthood.

It is with the above information in mind that the undersigned will recommend the defendant serve a substantial term (8-10 months) in County Jail followed by formal probation. The undersigned hopes the defendant will use his time in custody to participate in some of the programs as described above. The standard orders of probation will be recommended as well as substance abuse counseling and that he seek gainful employment or attend school or vocational training. Probation conditions should include that the defendant report to the Probation Officer as directed, submit to search and seizure, maintain employment or attend school or vocational training, submit to the full complement of drug testing orders and pay all the required fines and fees.


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