Affidavit of United States Marshals Service Deputy Marshal David Ball (Dkt. 1-2, W.D. Mo.)

Summary

Deputy U.S. Marshal David Ball, stationed in Springfield, Missouri, swore this affidavit on September 26, 2025 to establish probable cause that Timothy R. Day escaped from custody after a felony conviction, in violation of 18 U.S.C. Sections 751(a) and 4082(a) (Case 6:25-mj-02089-DPR, W.D. Mo.). Day pleaded guilty on December 14, 2017 to mailing a threatening communication and was sentenced on May 17, 2018 to 34 months in Bureau of Prisons custody and three years of supervised release. Day arrived at the Alpha House Residential Reentry Center in Springfield on May 22, 2025 after signing an acknowledgement that unauthorized absences may be treated as escape. According to the affidavit, Day left without a pass on August 28, 2025, told staff that Day was not coming back, and the GPS monitor was later found at a nearby business. Chief Magistrate Judge Willie J. Epps, Jr. took the oath.

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Full text

ATTACHMENT B
AFFIDAVIT OF UNITED STATES MARSHALS SERVICE
DEPUTY MARSHAL DAVID BALL

I, David Ball, being first duly sworn, do hereby depose and state the following:

1. Your affiant is a Deputy United States Marshal (“DUSM”) stationed in Springfield,

Missouri. I have served in that capacity with the United States Marshals Service (“USMS”) since

2022. As a DUSM, I have received extensive training on the conduct of fugitive investigations and

investigations into alleged violations of federal law. Specifically, I am authorized to conduct

investigations into violations of Title 18, United States Code, Sections 751(1) and 4082(a)

(Escape). This complaint is based on the following facts, which are known to me as a result of my

personal participation in this investigation, and from reports made by other law enforcement

agents.

2. This affidavit is submitted for the limited purpose of establishing probable cause

that TIMOTHY R. DAY, the defendant herein, committed a violation of Title 18, United States

Code, Sections 751(a) and 4082(a), escape from custody after conviction of a felony.

Consequently, this affidavit does not include every fact known to me.

3. On December 14, 2017, DAY pleaded guilty to Count 1 of an Information charging

him with mailing a threatening communication, in violation of 18 U.S.C. § 876(c), in case number

15-00032-01-CR-W-GAF in the Western District of Missouri. On May 17, 2018, DAY was

sentenced to 34 months in the custody of the Federal Bureau of Prisons (“BOP”), to be followed

by a three-year term of supervised release.

4. On May 22, 2025, DAY arrived at the Alpha House Residential Reentry Center

(“Alpha House RRC”) located at 2300 East Division Street, Springfield, Missouri, 65803.

Case 6:25-mj-02089-DPR Document 1-2 Filed 09/26/25 Page 1 of 3
5. Prior to entering Alpha House RRC, DAY signed the following acknowledgement

in relation to escape:

“Failure to follow accountability procedures may result in a reprimand, loss of pass time,
an Alpha House restriction, or negative termination/program failure. Remember that
unauthorized absences may be considered ESCAPE and you may be terminated from the
program and returned to the custody of your referring agency. If it is determined you have
escaped, you may be prosecuted for that offense and receive additional time.”

6. On August 28, 2025, DAY left the Alpha House RRC without an authorized leave

pass and, as he was leaving, told Alpha House RRC staff that he was not coming back. Later that

day, Alpha House RRC staff found DAY’s GPS monitor at a nearby business, where he had

presumably removed and left it. DAY was subsequently placed on escape status.

7. On August 28, 2025, at approximately 11:05 am, the USMS was notified of DAY’s

escape.

8. Several attempts to contact DAY have been made by the USMS and Alpha House

RRC staff, all of which have been unsuccessful.

9. In summary, on August 28, 2025, DAY willfully escaped from custody via the BOP

ordered Alpha House RRC confinement, from a facility in which he was lawfully confined at the

direction of the Attorney General and by virtue of a judgement and commitment for the

commission of the felony offense of mailing a threatening communication, in violation of 18

U.S.C. § 876(c).

Case 6:25-mj-02089-DPR Document 1-2 Filed 09/26/25 Page 2 of 3
10. Based on the above facts, your Affiant believes DAY has committed the federal

offense of Escape from Custody outlined in Title 18, United States Code, Sections 751(a) and

4082(a).

Further your affiant sayeth naught.
Digitally signed by DAVID BALL
DAVID BALL Date: 2025.09.26 14:51:39
-05'00'
___________________________________
David Ball
Deputy United States Marshal
United States Marshals Service

Sworn to and subscribed to before me in my presence via telephone on this 26th day of
September 2025, in the Western District of Missouri.

___________________________________
HONORABLE WILLIE J. EPPS, JR.
Chief United States Magistrate Judge
Western District of Missouri

Case 6:25-mj-02089-DPR Document 1-2 Filed 09/26/25 Page 3 of 3

File and source

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Our copy: gov.uscourts.mowd.186317.1.2.pdf
Original: archive.org