United States District Court, D. Nevada
REQUEST WITHDRAWAL OF VIOLATION PETITION
HONORABLE GLORIA M. NAVARRO JUDGE.
To dismiss, without prejudice, petition for warrant for
offender under supervision, filed June 20, 2019.
Removal of home confinement with electronic monitoring
PROBATION OFFICER ACTION SUMMARY
is scheduled to appear before Your Honor on September 6, 2019
for his final revocation hearing. The alleged violation
conduct consisted of the following:
• The defendant shall not commit another federal, state,
or local crime. To wit, Domestic Violence against his wife.
time, the parties recommend that the petition be dismissed
without prejudice. Considering the totality of Witham's
circumstances, his current medical condition and his
adjustment to supervision, the probation office asserts that
dismissing the petition without prejudice is a reasonable
action taking all conditions into account.
update on Witham's medical situation and the status of
his state, domestic battery case is indicated hereafter.
August 24, 2019 the undersigned officer received notification
from Witham (and Witham's employer) that he had been
transported to the emergency room, due to a bad fall while at
August 26, 2019 the undersigned officer was contacted by
trauma medical staff at University Medical Center, that
Witham's ankle monitor needed to be removed because he
was scheduled for surgery later that same date. On August 26,
2019 the undersigned officer visited Witham (who was
incoherent) in the trauma unit and removed the ankle bracelet
in preparation for his surgery that same afternoon.
August 27, 2019, the Court granted a stipulation to continue
Witham's hearing for revocation of supervised release,
which was reset to September 6, 2019. Since the filing of the
stipulation to continue, Witham has remained (electronically)
unmonitored and in the watchful care of medical staff at
University Medical Center and now, at Desert Canyon
Rehabilitation Center. Based on his serious medical situation
and frequent, regular communications with the undersigned
officer, the probation officer asserts that Witham does not
present as a flight risk or community danger.
September 4, 2019, the undersigned officer visited Witham at
the Desert Canyon Rehabilitation facility. Witham reported
that according to rehabilitative medical staff, he is
expected to be released from rehabilitative care in about
two-three months and is further ordered not to walk and
remain on bed rest. The undersigned officer was able to
corroborate Witham's report with his case worker and
other attending, medical staff.
the September 4, 2019 rehab visit, Witham reported that his
state domestic battery charges were dismissed on August 21,
2019, based on his ex-wife's, recanted allegation
surrounding the June 16, 2019 incident. Witham stated that
his ex-wife had recently met with the City Attorney to recant
her battery allegation she provided to Las Vegas Metropolitan
Police Department (LVMPD) on June 16, 2019. Witham's
ex-wife admitted to the city prosecutor, that she had used
illegal drugs on June 16, 2019 and had also intentionally
struck her face with her child's car seat to make a
bruise mark on her face. Witham indicated that the City of
Las Vegas is not seeking to prosecute Angela Witham for
making false statements to police and further indicated that
she has been sober from drugs and alcohol since July 22,
2019. Witham indicated that his ex-wife (and his adult