USA v. Badillo et al

PS 8
(3/15)
UNITED STATES DISTRICT COURT
for
Eastern District of Washington
U.S.A. vs.
Zack, Andrew NorrisDocket No.0980 1:23CR02037-SAB-7
Petition for Action on Conditions of Pretrial Release
COMES NOWLinda J. Leavitt, PRETRIAL SERVICES OFFICER, presenting an official report upon the conduct
of defendant, Andrew Norris Zack, who was placed under pretrial release supervision by the Honorable U.S. Magistrate
Judge Alexander C. Ekstrom, sitting in the court at Yakima, Washington, on the 21 day of July 2023, under the following
st
conditions:
Special Condition #8: GPS Monitoring: Defendant shall participate in a program of GPS location monitoring. Defendant
shall wear, at all times, an electronic device under the supervision of the United States Probation/Pretrial Services Office.
In the event Defendant does not respond to location monitoring or cannot be found, the United States Probation/Pretrial
Services Office shall forthwith notify the United States Marshals Service, who shall immediately find, arrest, and detain the
defendant.
Special Condition #9: Home Incarceration: Defendant shall be restricted to his residence at all times, except for medical
necessities and court appearances or other activities specifically approved by the Court. Defendant may attend substance
abuse testing and treatment as deemed appropriate by the United States Probation/Pretrial Services Office.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
On July 20, 2023, and August 4, 2023, conditions of pretrial release supervision were reviewed verbally with Mr. Zack. Per
the District of Oregon, during both reviews of the conditions, he acknowledged an understanding.
Violation #1: Mr. Zack is in violation of his pretrial release not complying with home incarceration and leaving his residence
without permission on July 6, 2024.
On July 21, 2023, Mr. Zack was released from custody onto Global Positioning Satellite (GPS) with home incarceration to
the District of Oregon. Per his release conditions, he was ordered to remain inside his residence at all times except for
approved activities as noted above in special condition number 9.
On July 9, 2024, this officer received an email from Mr. Zack’s supervising officer in the District of Oregon, which included
a screen shot of the B.I. Total Access monitoring program (utilized to map Mr. Zack's daily whereabouts), dated July 6, 2024,
and a Hood River County Sheriff’s Office incident report dated July 5, 2024.
Per the supervising officer, he made telephone contact with Mr. Zack, who admitted he had police contact with the Hood
River County Sheriff’s Office and Cascade Locks fire department on July 5, 2024, due to his toddler nephew escaping the
home while Mr. Zack was taking a nap. The 2-year-old toddler was located by law enforcement running outside unsupervised
about 300 feet from the defendant's residence. Mr. Zack was contacted by officers at the residence on July 5, 2024 , but he
did not leave his residence.
Per the supervising officer, on July 6, 2024, Mr. Zack’s GPS points were reviewed via the B.I. Total Access monitoring
program and the supervising officer observed multiple points outside of Mr. Zack’s listed residence and across the street
from his residence between 5:09 p.m. and 5:26 p.m. The supervising officer advised this was unusual as Mr. Zack never
leaves the range of the beacon, which is located inside the residence. Mr. Zack stated on July 6, 2024, his nephew escaped
again while he was taking a nap and he left the house to look for and retrieve the child. Mr. Zack stated the naps are tied to
being up late smoking salmon his brother is bringing in from the Columbia River.
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. MCAVOY, CLERK
Jul 11, 2024
Case 1:23-cr-02037-SAB ECF No. 241 filed 07/11/24 PageID.<pageID> Page
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PS-8
Re: Zack,, Andrew Norris
July 11, 2024
Page 2
PRAYING THAT THE COURT WILL ORDER NO ACTION AT THIS TIME
I declare under the penalty of perjury
that the foregoing is true and correct.
Executed on:July 11, 2024
bys/Linda J. Leavitt
Linda J. Leavitt
U.S. Pretrial Services Officer
THE COURT ORDERS
[ ]No Action
[ ]The Issuance of a Warrant
[X]
The Issuance of a Summons
[ ]The incorporation of the violation(s) contained in this
petition with the other violations pending before the
Court.
[ ]Defendant to appear before the Judge assigned to the case.
[ ]Defendant to appear before the Magistrate Judge.
[ ]Other
Signature of Judicial Officer
Date
July 11, 2024
Case 1:23-cr-02037-SAB ECF No. 241 filed 07/11/24 PageID.<pageID> Page
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