Magistrate Judge Judith G. Dein: ORDER entered. as to Gardy Alexandre (Quinn, Thomas)… — USA v. Pierre et al (Dkt. 31)

Summary

A Petition for Action on Conditions of Pretrial Release (form PS8) captioned United States of America vs. Gardy Alexandre, Docket No. 1:23-05013M, in the U.S. District Court for the District of Massachusetts. U.S. Probation Officer Kara Lightowler lists the standard and special conditions of release, including surrender of passports, substance abuse testing, avoiding contact with victims, witnesses and co-defendants, and not applying for any new loans. The petition says that Mr. Alexandre was stopped on August 31, 2023 in West Palm Beach, Florida, was arrested by the West Palm Beach Police Department, and reported the contact on September 5, 2023. It prays that the court issue a warrant or a summons for a show cause hearing, and ends with an Order of Court section for Honorable Judith G. Dein, U.S. Magistrate Judge.

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Record facts

Full text

PS8
(5/05)

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UNITED STATES DISTRICT COURT
for the
DISTRICT OF MASSACHUSETTS

United States of America

VS.

Gardy Alexandre Docket No. 0101 1:23-05013M

PETITION FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE

The undersigned U.S. Probation and Pretrial Services Officer presents this report regarding
defendant Gardy Alexandre , who was placed under pretrial release supervision by the Honorable
William Matthawan, on 1/26/2023 under the following standard conditions of release:

1. Shall appear before this Court and at such other places as the defendant may be required
to appear, in accordance with any and all orders and directions relating to the defendant's
appearance in this case, including appearance for violation of a condition of the defendant's
release as may be ordered or notified by this Court or any other United States District Court
to which the defendant may be held to answer or the cause transferred. The defendant is
required to ascertain from the Clerk of Court or defense counsel the time and place of all
scheduled proceedings on the case. In no event may a defendant assume that his or her case
has been dismissed unless the Court has entered an order of dismissal. The defendant is to
abide by any judgment entered in such matter by surrendering to serve any sentence
imposed and obeying any order or direction in connection with such judgment. This is a
continuing bond, including any proceeding on appeal or review, which shall remain in full
force and effect until such time as the Court shall order otherwise.

2. May not travel outside the Southern District of Florida unless otherwise approved by the
Court prior to any such travel. The Southern District of Florida consists of the following
counties: Broward, Highlands, Indian River, Martin, Miami-Dade, Monroe, Okeechobee,
Palm Beach and St. Lucie.

3. May not change his/her present address without prior notification and approval from the
USS. Probation Officer or the Court.

4, Must cooperate with law enforcement officers in the collection of a DNA sample if the
collection is required by 42 U.S.C. Section 14135a.

5. Must not violate any federal, state or local law while on release in this case. Should the
defendant come in contact with law enforcement he/she shall notify the U.S. Probation
Officer within 72 hours.

Special Conditions of Bond are as follows:

1
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20 A

CdSast 2423-1)050135 JIGDD Mocnenes130 AAikedD01B2723 Page 2 of 4

Surrender all passports and travel documents, if any, to Pretrial Services and not obtain any
travel documents during the pendency of the case;

Report to Pretrial Services as directed

Submit to substance abuse testing and/or treatment, contribute to the cost of services
rendered based on ability to pay, as determined by the U.S. Probation Officer;

Abstain from alcohol use or any use of a narcotic drug or other controlled substance, as
defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), without a
prescription by a licensed medical practitioner;

Participate in a mental health assessment and/or treatment and contribute ot the costs of
services rendered based on ability to pay, as determined by the U.S. Probation Officer
Maintain of actively seek full-time employment;

Avoid all contact with victims or witnesses to the crimes charged, except through counsel.
The AUSA shall provide defense counsel and pretrial services with the names of all the
victims or witnesses. The prohibition against contact does not take effect until defense
counsel receives the list. The prohibition against contact applies only to those persons on
the list, but the prosecutor may expand the list by sending written notice to defnse counsel
and pretrial services; ,

Avid all contact with co-defendants and defendants in related cases, except through
counsel; Refrain from possessing a firearm, destructive device or other dangerous weapons
and shall surrender (if any), their concealed weapons permit to the U.S. Probation Office;
May travel to and from the Southern District of Florida and District of Massachusetts, and
must notify Pretrial Services, and State Court Probation, of travel plans 48 hours in advance
before leaving and upon return

Must comply with UA Court

Attend court proceedings

May not move from residence

. May not apply for any new loans

May not open any businesses

On February 9, 2023, Mr. Alexandre appeared before the Honorable Judith G. Dein, U.S.
Magistrate Judge for the District of Massachusetts on 02/09/2023. The Court ordered Mr.
Alexandre released on the same conditions imposed by the Southern District of Florida. The
conditions are as follows:

1.
2.

Report to Pretrial Services as directed.

Surrender all passports and travel documents, if any, to Pretrial Services and not obtain any
travel documents during pendency of the case.

Submit to substance abuse testing and/or treatment, contribute to the cost of services
rendered based on ability to pay, as determined by the U.S. Probation Officer. First test
will not count. ,

Abstain from alcohol use or any use of a narcotic drug or other controlled substance, as
defined in section 102 of the Controlled Substances Act (21 U.S.C. § 802), without a
prescription by a licensed medical practitioner.

Participate in a mental health assessment and/or treatment and contribute to the costs of
services rendered based on ability to pay, as determined by the U.S. Probation Officer.
Maintain or actively seek full-time employment.
10.

Il.
12.
13.
14.
15.

CdSase 4423-mp0S013jIGDD Rocueresi30 FrikedD01B223 Page 3 of 4

Avoid all contact with victims or witnesses to the crimes charged, except through counsel.
The AUSA shall provide defense counsel and pretrial services with the names of all victims
or witnesses. The prohibition against contact does not take effect until defense counsel
receives the list. The prohibition against contact applies only to those persons on the list,
but the prosecutor may expand the list by sending written notice to defense counsel and
pretrial services.

Avoid all contact with co-defendants and defendants in related cases, except through
counsel.

Refrain from possessing a firearm, destructive device or other dangerous weapons and shall
surrender (if any), their concealed weapons permit to the U.S. Probation Officer.

May travel to and from Southern District of Florida and District of Massachusetts and must
notify Pretrial Services and State Court Probation of travel plans before leaving and upon
return. Must notify 48 hours in advance.

Must comply with VA court.

Must attend court proceedings.

May not move from residence.

May not apply for any new loans.

May not open any new business.

And respectfully seeks action by the Court and for cause as follows:

Mr. Alexandre is being supervised by the Southern District of Florida. On August 31, 2023, Mr.
Alexandre was stopped for not taking a right turn in a right turn only lane by West Palm Beach
Florida. When questioned by police, Mr. Gardy did not have his driver’s license.

A record check showed that Mr. Alexandre had two prior Driving While License Suspended and
numerous unpaid traffic citations. Mr. Alexandre was arrested by West Palm Beach Police
Department and charged with one (1) count of DWLSR Revocation Equiv. Status 3 Sub Violation
per F.S.S. 322. 34 (2C).

According to Supervising Officer Heath Schur, Mr. Alexandre was released on bond the same
day for $3,000, and his court date for this matter is scheduled for October 19, 2023 at Palm
Beach County Court, Docket # 50-2023-CF-007546-AXXX-MB. Officer Schur also reported
that Mr. Alexandre failed to report the law enforcement contact immediately and did not report
the incident until September 5, 2023. Mr. Alexandre reported his phone was left in his vehicle
for this reason why he failed to report the incident immediately.

The U.S. Probation and Pretrial Services Office respectfully requests a Show Cause Hearing to
address the recent arrest.

Petition for Action on Conditions of Pretrial Release

PRAYING THE COURT WILL:

0

Issue a warrant.
CéRSO:2RArmMOH9IATIGD DESAWAACBO Filed Idi ee Rages oa

x]

x Issue a summons for the defendant to appear for a show cause hearing.
O Other:

I declare under the penalty of perjury that the foregoing 1s true and correct.

Executed on: 10/12/2023 Place: Worcester, Massachusetts

/s/: Kara Lightowler Date: 10/12/2023

Kara Lightowler
U.S. Probation Officer

ORDER OF COURT

C Warrant to issue.
x Summons to issue. Clerk to schedule show cause hearing.
O

Other: afi OF IF 2627
Considered and ordered this _| sth day of Oak , 2023, and ordered filed and

made pari of the record in the above case.

Qudsn_f re,

norable Judith G. Dein,
U.S. Magistrate Judge

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