Justin Henderson Tombstone News articlles

Violating Probation Conditions
Dustin Escapule
• Fri, Mar 02, 2012
Justin Patrick Henderson was served with a Summons to appear in the Pima County Superior Court on February 13, 2012. Henderson appeared in court without legal representation and the Judge postponed the hearing until February 22nd in order to give Henderson time to get an attorney.
According to Pima County Adult Probation Director of Field Services Ken McCulloch, Henderson was placed into custody at the February 22nd hearing in the Pima County Superior Court. McCulloch stated this action was a result of a Petition to Revoke Henderson’s Probation.
According to Pima County Court records on March 2, 2010 Henderson was adjudged guilty of an Amended Count Five, Solicitation to Possess a Dangerous Drug; and, Amended Count Six, Possession of Drug Paraphernalia, both Class Six Undesignated offenses, and was placed on probation for two years beginning March 2, 2010 until now.
The petition to revoke Henderson’s probation stated; the defendant’s probation should be revoked because there is reason to believe the defendant violated the Conditions of Probation for three specific reasons.
First, Henderson failed to report to the Adult Probation two times. (Condition #3)
Second, Henderson possessed and/or used methamphetamine on six different occasions. (Condition #7)
Third, Henderson failed to submit to drug testing thirteen times as directed by Adult Probation. (Condition #9)
According to the probation conditions Henderson was required to have a drug test two times a week, since the Probation Officer assigned to Henderson was in Tucson; Pima County Adult Probation assigned the case to Cochise County Adult Probation. According to a Cochise County Adult Probation Officer they did deliver the necessary drug testing kits to the Marshal’s Department to test the urine for drugs. He also said there was a problem and Henderson was instructed to go back to Tucson for his drug testing. Director McCulloch stated that this is common practice to have police department’s in rural areas to conduct urine analysis. Either Pima County or Cochise County Adult Probation did not know whose decision it was to have Henderson’s Drug Testing done at the Marshal’s Department, nor did they know Justin Henderson is the son of Mayor Jack Henderson. Either agency wouldn't comment on a possible conflict of interest.
Marshal Cloud said that there was a problem when Deputy Jackson refused to conduct the urine test on Henderson. The Marshal stated that as far as he knew all of the drug tests conducted by the Marshal’s Department showed negative.
Director McCulloch also stated that one of the conditions of Henderson’s probation was he had to maintain employment. Henderson is employed by the City of Tombstone. During the November 2011 City Council Meeting the Council approved to hire an equipment operator at the rate of $15.00 per hour and laborers at $10.00 per hour to conduct the necessary repairs on the Huachuca springs water line. When it came time to vote on the matter Mayor Henderson abstained from the vote. City Clerk Barnes was later asked why the Mayor had abstained and he said “The Mayor abstained because his son Justin is the equipment operator who has been working for nothing for more than a month. At least now he can get a fraction of what an equipment operator earns.”
A Disposition Hearing has been set for March 3, 2012; the Judge at this time will either continue Henderson’s probation or send him to prison.
Correction In The Henderson Article
Dustin Escapule
• Fri, Mar 09, 2012
In last week’s edition of The Tombstone News it was reported that Justin Henderson’s Disposition Hearing was scheduled for March 3rd which was an error. The Disposition Hearing date is Monday March 12, 2012 at 4:00 PM before Superior Court Judge Terry L. Chandler.
Henderson was charged with a Class Six Undesignated offense, and was placed on probation for two years beginning March 2, 2010 until now. According to a web post by the Law Office of Karl A. Mueller, Plc; a class 6 undesignated felony offense, is also frequently referred to as a 6-open felony. In Arizona, at the time of sentencing for a class 6 felony offense a judge may leave the offense undesignated. This means that the offense has not yet been designated a felony conviction. In other words the felony designation is suspended or remains undetermined and may eventually be designated a misdemeanor as opposed to a felony. This is usually done to create an incentive to successfully complete a probationary term.
In lay terms it works like this: The State or court agrees to leave the offense undesignated. If you do everything you are supposed to do and successfully complete probation, the offense may be designated a misdemeanor thereby avoiding the serious consequences of having a felony conviction on your record. This creates a strong incentive to successfully complete probation and ‘earn’ a misdemeanor. The interests of the State are served because if the individual does not take advantage of this opportunity to prove themselves on probation, does not successfully complete probation, does poorly on probation, or commits another offense, the court may then designate the offense a felony.
A class 6 felony is the least serious category of felony in Arizona. Many times more serious or higher category felony offenses are reduced to class 6 felonies in order to ‘open them’ or leave them undesignated at the time of sentencing. For instance you may be charged with a class 4 felony offense, but offered a plea agreement to a class 6 undesignated felony.
In Arizona, the ability of the court to leave an offense undesignated is a valuable tool available to the court to create great incentive for probationers to do well on probation. It is also a last chance and valuable opportunity for those facing felony convictions to have the ability to prove to the court that they deserve to carry on with their lives without the burden being a felon.
 — The Tombstone News

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