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Violation Notice and Statement of Probable Cause — U.S. v. Jonathan Green, No. 3:23-mj-04066 (D. Ariz.)

Summary

A Violation Notice with a Statement of Probable Cause, Document 1, filed 03/06/23, in the United States District Court for the District of Arizona, Case No. 3:23-mj-04066-CDB. The statement is by a Law Enforcement Officer named Rosales, who states that the gates on Forest Road 538B/538 in the Coconino National Forest are closed during the winter. The statement refers to trail camera pictures of a male cutting the gate chain and of the same white Ford truck, and that the registered owner of the truck came back to Jonathan GREEN. The notice charges Jonathan Green with damaging any natural feature or other property of the United States, cutting locks and chain on closed gates on Forest Road 538B/538.

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Cite this document

“Violation Notice and Statement of Probable Cause — U.S. v. Jonathan Green, No. 3:23-mj-04066 (D. Ariz.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-3-23-mj-04066-dkt-1-d-ariz-2fcd9dd68b/, SHA-256 9e9c06a15e4ebe1e77f1be2a09319d4a14c32b520f5267ed0b7c058a82a4f564.

Full text

                                 Case 3:23-mj-04066-CDB Document 1 Filed 03/06/23 Page 1 of 1



                          United States District Court
                              Violation Notice      (Rev.112019)

l oca11on Cod•          VIOl1~on Numbto<               Olflce< N1mo                                             Ot~co, No.                                      STATEMENT O F PROBABLE CAUSE
                          F07U0001                     Rosales, Eddy                                            2515                                              (For lnuane11 or an arreat warran1 ot summon,)
A51

                                                                                                                                              I state that on     12111/2022     while e,en:islng my du~aa •• a iaw 1nf01cement
                                                                                                                                              officer In the                                  Ol&trtct ol            /IZ.
    YOU ARE CHARG ED WITH THE FOLL OWING VIO LATIO N

Oalo and Time of OlfonlO                       ~;"'" Charged  LJ CFR                       LJuse LJ STATE COOE
                                                                                                                                              I state than on February 13. 2023. while exercising my duties as a Law Enforcement
 12/1 112022 22:45                                 ED 36 CFR 261 .9A
                                                                                                                                              Officer In lhe Oltlrict of Arizona I, USDA Foreat Service (FS) Law Enforcement
                                                                                                                                              Officer (LEO) Rosales, waa on duty wearing authorized uniform within the Jurisdiction
 Place of Olfenn
                                                                                                                                              of the Coconino National Forest. Al approximately 0904 hours, FS LEO Roper and I
 FOREST ROAD 538B1 538
                                                                                                                                              recei\led a repon from a FS employ&e about a closed gate on Forest Road (FR)
                                                                                                                                              5388 ha v,ng the locked cut off.
  Ot'1enw 0.1cnpoon; Facwal 811\1 1o, ~rg.t                                                           HAZMAT                 LJ
  (A) DAMAGING AN Y NATURAL FEATURE OR OTHER PROPERTY OF                                                                                      The gates on FR 53881 538, also known as Casner Mountain road are cklsed during
  THE UNITED STATES. CUTTING L OCKS AND CHAIN ON CLOSED                                                                                       tM winter to prevent road damaged cause by vehicles and heavy traffic and are only
  GATES O N FOREST ROAD 538B/ 538                                                                                                             open for OH highway Vohlcles (OHV) thal are 62" or less In lenglh or to vehicles wilh
                                                                                                                                              a free permit. Near the gates the FS employee had set a Ire~ cam that pointed to the
  DEFENDANT INFORMATION                                                 IPhor •                                                               gates to ensure that the vehlcles that are accessing the gate were lhe proper permit
                                                                                                                                              holders or that fit Iha 62'' or less size.
  Last Name                                                    Firat Name                                             M.I.
  GREEN                                                        JONATHAN                                               L                       Al approximately 1606 hours on 12111122 a while Ford truck is captured by the trail
                                                                                                                                              camera In front of the closed gale, lhe 1rail cam then capture& another photo of the
                                                                                                                                              same truck bearing license plate AZ .           driving through the open gate at
                                                                                                                                              approximately 1610 hours. Al approximate,, i244 houns a !rail cam located at a
  Stt'-tAMtfllSS                                                                                                                              differenl gate along the , ame road, a male is captured approaching the gate. A
                                                                                                                                              series of plclures are captured from 2245-2248 hours of the male wKh boll cutters
                                                                                                                                              cutting the gates chain. The trail cam captures the some white Ford INCk going
  City
  MESA

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                                                                  Zip Code
                                                                  85207

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                                                                                            C'c'.e o' 51rth (rnrnldd/yyyy)



                                                                                 Socl-ltl S1cun1y No.
                                                                                                       '1982
                                                                                                                                              through the gate along with the male returning to close the gale.

                                                                                                                                              The Registered Owner (RO) ol Iha truck came back to Jonathan GREEN.
                                                                                                                                              Addltlonally, the physical descriptions of GREEN's drivets license matched the
                                                            AZ                    7679                                                        physical appearance of the n,ale In the plciures captured from the trail cam. I obtain
                                                                                                                                              a numt>er by running lhrough a local dalabase Which was his daughters. I asked If I
                                                           Hair                  EyH                   H'"ghl             Wtttght             could have GREEN'S number which she gave. I called twice with no answer from
 l!J Aduh O Juvor>lo sul!IM O F Brown                                            Brown                 6' 3·              200
                                                                                                                                              GREEN. After 2 days passed, I called GREEN again leaving my email contact
                                                                                                                                              lnformalion along with the Red Rock Vlsilor Center phone number and to contact
                                                                                                                                              me. with no responses v,a email or calls.

                                                                                                                                               I issued GREEN a violation notice for a violation of 38 CFR 261.9(a ), Damaging any
                                                                                                                                               natural fealure or other property of the United Slates. Cunlng locks and chain on
  VEHICLE
                               VIN:                                                                                       CMV     0            closed gates on Forest Road 53881 538.

  Tao No                 Slote          v•.,            Moke/Model                    PASS           u      Color
                          AZ.             2019            FORO/F250                                           WHITE




                                                                                                                                               The foregoing stalemenl is based upon:
              APPEAM..CE1S R£0UIREO                                                  APP£AIWICE IS OPTIO""-


  ,,. 0 :~.°:~::~Id,)~                  M UM ~pe•r in cot.Wt.       so         I 8<u 8 • t hedad, rot,J "'ulil pay N ioql
                                                                               cdlateraJ ckl• er lf'I lt.U ol Oill)'Mflnl IPPUJ' In c.ourt.
                                                                                                                                                          MY PERSONAL INVESTIGATION

                                                                               SM .n1WCllon1,


                                                                                                                                               I declare under penalty of perjury lhat the Information which I have set forth above
                                                                                                        Forfeiture Amounl
                                                                                                                                               and on the face of this v10Iatlon nolic11 is true and co11ecI to the best of my
                                                                                                                                               knowledge.


                                                 -                              S 30.00                 Processing Fou
      PAY THIS A MOUNT AT
                                                                    [                                   Total Colllltral Duo
                                                                                                                                               EKiCUWdon:
                                                                                                                                                                              12/11/2022                    t R4-
      www.cvb.u1court1.gov
                                                                                                                                                                        0110 (mmld<l/yyyy)                   O'l'lc,f', Sv,ab.ir•
                                              YOUR COURT DATE
                (""°C°"'1 •OCMtiMenc:• !Ml♦ thown. you _,.. tn, no4•~ °' 'f'Wt' e,pp,u,r• "c.e d•I• by "lff J
                                                 ..
                                                                                                                                                     ~ Proboblo cause has been stated for the lnuance of a warrant.
   Court AddroH                                                                                Dale (mmldd/yyy)')                                                                                           Digitally signed by CamlHe D
   123 N San Fransisco St. Flagstaff, AZ. 86001                                                0 4/04/2023
                                                                                                                                                                      Camille D                              Bibles
                                                                                                                                                                                                            Date: 2023.03.06 1~:13:22
                                                                                                Time(hh mm)                                     E11cuWd on:           Bibles                                -07'00'
                                                                                                09:30                                                                    0810 (mm/ddlyyyy)                   U.S. M19,atr1t• Judll"

   My l ~Ul9 f.lO"I....• 1t-.. '1,;...,_ twc.aNed • copy ol In ~IOlltion n-otic:t, II, 11, not M ,1dfTllu1on o,l gunl I l)fOfflitM 10
   IA)alll tor fl• ~ 0 I I thto I ~ and _,,O OIIIC• if'l.lbUO~ Ot III l.u ol • ~ n D t p;ay the tol~ (Ol'41!fr.. dUI


                                                                                                                                                HAZM AT • Haiardous maton&I ••wolv&Cl In tnadant; PASS .. 9 or more p11wnger ver11dt1;
   XO.t9'1d,en4.S,~lutl                                                                                                                         COL • Comme rool drrvert lrleonw.            C M~ • CommeraaJ vehk:le involved 1n lf'Cldont

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