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United States v. Piatt

United States District Court, S.D. Indiana, Indianapolis Division

March 4, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
SEAN F. PIATT, Defendant.

          REPORT AND RECOMMENDATION

          Mark J. Dinsmore, United States Magistrate Judge

         On February 28, 2019, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on February 27, 2018. [Dkt. 49.] Defendant Piatt appeared in person with his appointed counsel Michael Donahoe. The government appeared by Cynthia Ridgeway, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Chris Dougherty.

         The Court conducted the following procedures in accordance with Fed. R. Crim. P. 32.1(a)(1) and 18 U.S.C. § 3583:

         1. The Court advised Defendant Piatt of his rights and ensured he had a copy of the Petition. Defendant Piatt orally waived his right to a preliminary hearing.

         2. After being placed under oath, Defendant Piatt admitted violation nos. 1, 2, and 3 as set forth in the Petition. [Dkt. 49.]

         3. The allegations to which Defendant admitted, as fully set forth in the Petition, are:

         Violation

         Number Nature of Noncompliance

1 “You shall not commit another federal, state or local crime.”
On February 25, 2018, Sean Piatt was arrested by an officer of the Indianapolis Metropolitan Police Department. Police were called to . . . the Greyhound bus station on a report of an assault. The 19 year old victim reported she was in the women's restroom when a male entered the restroom and tried to push open the stall door. She stated the stall was occupied, but the male forced open the door, and as she stood up, he pushed her to the wall and told her he was a police officer and told her to take off all her clothes. The victim began screaming for help and the suspect fled from the bus terminal. Greyhound security staff chased the suspect into the parking lot and ordered him to return to the station while police were called. When an IMPD officer arrived on the scene, the victim identified the suspect by his clothing and physical appearance. The offender had in his possession a bus ticket, purchased under a false name.
This case is pending in Marion County Superior Court under case number 49G151802F6006557. The offender was charged with Count 1, Criminal Confinement, Level 6 Felony; Count 2, Impersonation of a Public Servant, Level 6 Felony; and Count 3, Battery, Class B misdemeanor. He has an Initial Hearing Scheduled for February 27, 2018, and a $500 cash bond was ordered.
2 “You shall reside at a Residential Reentry Center (RRC) for a period of up to 180 days, as directed by the probation officer. You shall abide by the rules and regulations of the facility.” The offender is currently considered an absconder from his placement at the Residential Reentry Center, and from his term of supervised release. The offender incurred several violations of facility rules while a resident of the Volunteers of America (VOA) over the past 30 days.
On February 20, 2018, at approximately 9:40 p.m., the offender refused to allow the staff to search his locker per facility rules. At approximately 9:55 p.m., he packed up his possessions and walked to the lobby of the building where he encountered staff members and stated, "I'm leaving," and exited the building. On February 22, 2018, the probation officer was contacted by staff from Indiana University Methodist Hospital to advise the offender was in the psychiatric unit. An Indianapolis Metropolitan Police report indicates that on February 20, 2018, at approximately 11:22 p.m., the offender was found on the grass across from the Indianapolis Public Library with a cut to his head. The officer observed Sean Piatt to [be] very intoxicated and combative to the EMS personnel who were trying to treat him. A witness reported that Mr. Piatt was arguing with a male and female, and the male subject struck Mr. Piatt in the head with a beer bottle. The offender was detained at the hospital due to his suicidal statements and evaluated for three days, and was released on February 23, 2018, when staff determined he was no longer a threat to himself. The offender returned to Volunteers of America on February 23, 2018. On February 25, at 6:40 a.m., the offender packed a bag, told VOA staff he was leaving to see his mother, and walked out of the facility. He was arrested three hours later.
On February 1, 2018, and on February 9, 2018, VOA staff directed the offender to submit a urine screen, and on both dates he ...

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