Petition for Warrant on Defendant on Pretrial Release — Chandler Simbeck — United States v. Russell Foreman and Chandler Simbeck (D. Colo.)

Record facts

U.S. District Court for the District of Colorado · No. 1:21-cr-00165-WJM · Doc. 34 · 2021-12-07 · Docket on CourtListener

Full text

CO-PS8 
(12/14-D/CO) 
 
United States District Court 
for the District of Colorado 
 
U.S.A. vs. CHANDLER SIMBECK 
 
Dkt. No.  1:21-CR-00165-RM-2 
Petition for Warrant on Defendant On Pretrial Release 
 
Comes now, Heather Becker, United States Probation Officer, presenting an official report upon 
the conduct and attitude of defendant Chandler Simbeck, who was placed under pretrial release 
supervision by the Honorable Lisa Pupo Lenihan, sitting in the Court at Pittsburgh, Pennsylvania, 
on September 26, 2021, as noted in the Rule 5(C)(3) documents (Document 23). On November 
18, 2021, the defendant made an initial appearance in the District of Colorado, and his conditions 
were continued by the Honorable S. Kato Crews.  The probation officer alleges the defendant 
has violated the following terms and conditions of pretrial release as set forth herein. 
 
Respectfully presenting petition for action of the Court and for cause as follows: 
 
1. Failure to Report/Submit to Supervision as Directed 
 
On November 18, 2021, the defendant was advised that he would need to report by phone 
daily to the probation officer, as he was unsure where he would be living.  
 
On November 22, 2021, the defendant met with the probation officer again, and was 
scheduled for a follow up appointment for November 23, 2021, at 10:00 AM. The defendant 
failed to report in as directed. The defendant was contacted later that day and he indicated 
he had overslept. The defendant was again reminded that he was required to report by 
phone daily to the probation officer and in person as directed.  
 
On November 24, 2021, at approximately 9:22 AM, I attempted a contact at the defendant’s 
last known address provided. There was no answer, the defendant was contacted by 
phone, and he advised he was at work. The defendant was again reminded to check in 
daily by phone.  
 
On November 30, 2021, I attempted a contact at the defendant’s last known address 
provided. There was no answer, and a business card was left for the defendant to contact 
me by phone by 5:00 PM, as all previous contact attempts had failed and his whereabouts 
were unknown. Additionally, a phone call was attempted; however, the defendant’s phone 
rang and there was no voicemail set up. A text message was sent to the defendant 
advising him to call me as previously directed.  
 
On December 1, 2021, I attempted a phone call to the defendant; however, the defendant’s 
phone rang and there was no voicemail set up. A text message was sent to the defendant 
advising him to call me no later than 1:00 PM.  
 
On December 2, 2021, I attempted a phone call to the defendant; however, the defendant’s 
phone rang and there was no voicemail set up. A text message was sent to the defendant 
advising him to call me no later than 1:00 PM.  
Case No. 1:21-cr-00165-WJM     Document 34     filed 12/07/21     USDC Colorado     pg 1
of 4

Simbeck, Chandler 
Petition on Pretrial Release 
1:21-CR-00165-RM-12 
Page - 2 
12/7/2021 
 
On December 4, 2021, I attempted a contact at the defendant’s last known address 
provided. There was no answer, and a business card was left for the defendant to contact 
me by phone by 5:00 PM, as all previous contact attempts had failed and his whereabouts 
were unknown. Additionally, a phone call was attempted; however, the defendant’s phone 
went straight to voicemail, and there was no voicemail set up. A text message was sent to 
the defendant advising him to call me as previously directed.  
 
The defendant has failed to check in by phone as directed and has not contacted the 
probation officer since November 24, 2021.  Several attempts were made to contact the 
defendant; however, these attempts have been unsuccessful.  His current whereabouts are 
unknown. 
 
2. Failure to Remain at the Washington City Mission Until Approved to Leave by Pretrial 
Services and Remain at Housing Approved by Pretrial Services  
 
On October 13, 2021, notification was received from the supervising district in the Western 
District of Pennsylvania that the defendant had alleged violations. According to the 
supervising officer, the defendant was to report to the Washington City Mission (a homeless 
shelter offering substance abuse and mental health treatment) as ordered. The defendant 
contacted the officer on September 27, 2021, to report that he could not stay at Washington 
City Mission. The defendant reported that staff at Washington City Mission had him report to 
the hospital on September 25, 2021. He returned the next day and was told he could not stay 
at Washington City Mission. The defendant did admit that he tested positive for illegal 
substances when Washington City Mission tested him. The defendant also admitted at this 
time that he recently used heroin on September 26, 2021. The defendant reported he had 
been staying with a friend named David near his old apartment.   
 
The supervising officer spoke to staff at Washington City Mission on September 28, 2021. 
Staff reported that the defendant showed up approximately five hours late for his intake on 
September 25, 2021. Staff reported they were going to allow emergency shelter for the 
defendant, but he left and did not return to the facility. 
 
The defendant never called his supervising officer to discuss him leaving Washington City 
Mission, as required. The supervising officer attempted to reach the defendant on several 
occasions during the week to set up treatment and an approved living situation. The 
supervising officer finally spoke to the defendant on September 30, 2021. The defendant was 
instructed to enter inpatient treatment with Greenbriar Treatment, and he should expect their 
call for an initial intake. The defendant reported he was getting some money together and 
might want to do treatment in Colorado. He was again instructed to get set up with treatment 
at Greenbriar.  
 
On October 1, 2021, the supervising officer spoke to Greenbriar Treatment to see if the 
defendant had called. Greenbriar staff reported the defendant had not called and that they 
attempted to call him, but he would not answer. The supervising officer attempted to reach 
the defendant on October 1, 2021, but the defendant would not answer. The defendant called 
the supervising officer back on October 5, 2021, and reported he set up treatment at Cove 
Forge for October 8, 2021. The defendant admitted to using heroin again on October 5, 2021. 
 
Case No. 1:21-cr-00165-WJM     Document 34     filed 12/07/21     USDC Colorado     pg 2
of 4

Simbeck, Chandler 
Petition on Pretrial Release 
1:21-CR-00165-RM-12 
Page - 3 
12/7/2021 
 
On October 12, 2021, the supervising officer confirmed that the defendant had entered 
Cove Forge and signed a release of information.  
 
On October 28, 2021, the supervising officer received a treatment report from Cove Forge 
indicating that the defendant had not completed any portion of the treatment plan and that 
his attendance in group was inconsistent. They also indicated that in specific sessions he 
was resistive to treatment and “napped” through sessions. He indicated to staff he did not 
believe that drugs were a problem for him. Cove Forge further indicated that the defendant 
was on track for an unsuccessful discharge. The defendant also requested that staff no 
longer communicate with the supervising officer regarding his aftercare plans.  
 
On November 9, 2021, the defendant provided a potential living arrangement for approval 
to the supervising officer. Based on the information, the living arrangement was denied as 
the individual did not want the defendant living in his home but agreed to assist financially 
with a hotel for a couple days. It appears that the defendant does not have a proper living 
arrangement in the Western District of Pennsylvania and subsequently relocated to 
Colorado following his initial appearance in the district.  
 
On November 18, 2021, the defendant was given an opportunity to consider a voluntary 
waiver to enter into a halfway house; however, he declined. He advised that he did not 
have a particular location that he knew he would be able to stay in Colorado and would 
reach out to several family members and friends to see if he had the ability to stay with 
them. The defendant was advised to check in daily with his whereabouts, and to report to 
the office on November 22, 2021, to advise if he had secured a residence.  
 
On November 22, 2021, the defendant indicated he believed he could stay on the couch in 
the residence of a childhood friend and another male party. The defendant was again 
offered the opportunity to sign a voluntary waiver for a halfway house; however, he again 
declined. He was directed to furnish names and birthdates of all adults living in the 
residence, to help determine if this would be a suitable residence for him to reside at while 
on pretrial release. The defendant was reminded that Pretrial Services was to approve 
housing based on the conditions of his release.  
 
On November 24, November 30, and December 4, 2021, home visits were attempted at 
this residence, however, were unsuccessful. No one answered the door, nor was any 
response received from cards left on the door. As of this writing, I have been unable to 
verify that the defendant was staying at the location provided, despite attempts to visit the 
defendant on different days and times, including weekends.  His whereabouts are currently 
unknown.  
 
3. Use or Possession of a Controlled Substance 
 
On September 25, 2021, the defendant submitted a positive urinalysis test (UA), at the 
Washington City Mission, for morphine, cocaine, tramadol, benzodiazepines, 
amphetamines, methamphetamine, fentanyl, codeine and alcohol. The defendant 
subsequently admitted to drug use.  
 
Case No. 1:21-cr-00165-WJM     Document 34     filed 12/07/21     USDC Colorado     pg 3
of 4

Simbeck, Chandler 
Petition on Pretrial Release 
1:21-CR-00165-RM-12 
Page - 4 
12/7/2021 
 
The defendant admitted to the supervising officer in Western District of Pennsylvania that he 
had smoked heroin on September 26, September 29, and October 5, 2021. 
On November 18, 2021, the defendant submitted an instant UA at the probation office, 
which returned positive for methamphetamine/amphetamines and benzodiazepine.  The 
defendant adamantly denied use, indicating he had a prescription for several mental health 
medications. The defendant indicated that he had also found an old bottle of his prescribed 
Adderall in his belongings, that he had taken shortly before leaving the Western District of 
Pennsylvania. As a result, the test was sent for confirmation and confirmed positive for d-
methamphetamine.  
 
RESPECTFULLY REQUESTING THAT THE COURT WILL ORDER the issuance of a warrant 
for violation(s) of pretrial release, and subsequent to the arrest of the defendant, that the Court 
consider revocation of bond. 
 
ORDER OF THE COURT 
 
I declare under the penalty of perjury 
that the foregoing is true and correct.  
 
 
 
s/Heather Becker 
 
 
United States Probation Officer 
 
 
Date: 
December 7, 2021 
 
 
 
s/Laura Ansart 
 
Considered and ordered filed under seal and 
made a part of the record in the above case.   
 
 
Supervising Probation Officer 
 
S. Kato Crews 
Magistrate Judge 
Date: December 7, 2021 
 
Date: 
 
 
 
 
Case No. 1:21-cr-00165-WJM     Document 34     filed 12/07/21     USDC Colorado     pg 4
of 4
 12/07/2021

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