mum) EVANS may [-an covantton sure 0F OKLA IIDMA or TulsA coum'v msnuc'l' comcnoNs CONFIDENTIAL COUPT PRE-SENTENCEINVESTIGATION I DEFENDANT: ALLEN, DALE BRYANT JAN 5 DOB: 6-8-61 ssn: mm" CASE NUMBER: CF--2013-2839 COUNT 1: CHILD ABUSE BY INJURY COUNT 2: CHILD ABUSE BY INJURY SENTENCING DATE: DECEMBER 30, 1013 It 0900 HOURS JUDGE: HONORABLE WILLIAM KELLOUGH OFFICIAL VERSION: The fallowing information concerning CF-2013-2839 was taken from in Affidavit filed by the Tulsa Police Depunmenl on April 18, 2013. On December 21. 2012, nine year old Z.W. was in lhe cure and custody ofDalc Allen, a Menlal Health Technician at Shadow Mauurain Behavioral Health Center in Tulsa, Oklahoma. stated to Randy Grady, Department of Human Services Office of Client Advocacy, lhal while at this location, Allen injured him by kicking him in the leg, stated that Wayne Dumas, MCl'lifll Health Technician witnessed Allen kicked in the l-le reponcd this incident the next weekend to the nnrse on duty. 2le was examined by Kid Walker. Nurse Executive at Shadow Mountain Center. She staled that did not have any evidence of any Irhulna but that the incident had occulred nne week prior to the exam On January 29, 20! 3, detectives were provided video surveillance from lhe incident on December fill The video showed Allen and Z.W. enter the hallway of the facility and Allan has Zl Wl held by his jnckel. While seated an the ground, kicks out his leg in an effort to kick Allen and then Allen kicks in the upper leg. on December 27, 2012, nine year old cm was in the csre and custody omsle Allen st the Shadow Mountain Behavioral Health Center. stated to lirisn DHS Office ar Client Advocacy that Allen injured him by gmbhing his wrists and throwing him to the ground. c. T. stated his side and bend hit the floor first and Allen's fingernails dug into his wrists cm. also stated that Allen tried to "body mm" him before he threw him on the ground. c. 's mcther visited him on December 27, zolz, and stated Ith she noticed injuries on c. T.'s face, neck and arm. She slated she asked her son about the injuries and he stated that a staff member named Mr. "Del" the injuries. She photdyaphed these injuries and provided cupies tr, deleclives. T. had injuries on his arm, neck and face. He had two linear marks on his arm and two linear maiks on his neck. He also had a PRES-SENTENCE INVESTIGATION ALLEN, DALE BRYANT PAGE 2 red abrasion on his face near his mouth. On January 28, 2013, detectives were provided video surveillance concerning the incident. The video showed Allen and C. T. enter the hallway of the facility. Allen lunged at C. T. and caused him to ?inch. The two seemed to be exchanging words and C. T. attempted to walk past Allen. Allen grabbed C.T. by the neck and pushed him up against the wall. Cfl?. fell to the ?oor and curled up into a ball on the ?oor. C.T. then stood up and attempted to push Allen. Allen grabbed C. T. by both wrists and violently slammed him onto the ?oor. C. T. lay on the ?oor until the video ended. On June 14, 2013, in Tulsa County District Court, Allen was charged in for the offenses of Count 1: Child Abuse by Injury and Count 2: Child Abuse by Injury and a warrant was issued for his arrest. On November 13, 2013, disposition was held and Allen pled guilty. A Pro-Sentence Investigation (PSI) report was ordered. Sentencing is scheduled for December 30, 2013. VERSION: Allen submitted the following written statement concerning the instant offense. All spelling, grammar, and syntax are that of the defendant. ?At work and pt was ?ghting wfanother pt. Both were sent to back hall to ?nd out what happened. Pt got aggravated at me and kicked me. Without thinking I kicked him back. I was not trying to hurt the pt it was just a reaction. 1 know that I was wrong and regret doing it. At work and 2 pat were ?ghting. were placed in back hall to calm down. Pts, got into a ?ght in back hall and I grabbed one pt by the jacket to seprate them. Pt complained that I slammed him to the ?oor. Again I was not trying to hurt him but I had to stop the ?ght. Again I wish I had done things different.? VERSION: This case manager called the Shadow Mountain Behavior Center and was informed they could not release any information on their patients due to the privacy act. This case manager left a message with the Client Advocacy at DHS for Randy Grady or Brian Maloy to call concerning the two juvenile victims but they have not returned the call as of the writing of this report. PRIOR RECORD: Inquires made to the Federal Bureau of Investigation, the Oklahoma State Bureau of Investigation, Department of Public Safety, and local law enforcement agencies reveal the following criminal history for Allen: DATE OFFENSE LOCATION DISPOSITION 142988 Obtaining Merchandise Creek County 8-1 1?98: ?ve years by Bogus Check deferred until 8-4-03, CF-1998-54 ?ned $385.00, 16 hrs. community service. mum: uncut. mvsmounou ALLEN. mu: BRYANI cum--mu PAGE 3 DATE OFFEN LOCATION DISPOSITION 124742 l: Child Abuse Tulsa County Instant Offense by Injury Ct. 2: Child Abuse by Injury OSCN and Tulsa Police Depnnment records indicate Allen has seven traffic citations, His dn'vcr's license is valid. FAMILY BACKGROUND: Allen reported lit: was bum in Saint Paul, Minnesota on June 8, 196], to Donald and Allen. Allen stated his parents divorced when he was four or five years old and he was raised by his mother. Allen reported he did maintain a relationship with his (other, who died in 1991 Allen reported three siblings who are: Christy, who resides in Rogers County, Roger, who resides in Phoenix, Arizona, and Donald, who resides in Colorado Springs, Colorado Allen stated his mother, now Jones, resides in Tulsa, Oklahoma. RESIDENCE: Allen resides a in Tulsa, Oklahoma with his fi'icnd and her daughter and granddaughter, Allen submitted a utility bill addressed to him at this address. Allen stated he has resided at this address for six years. MARITAL HISTORY: Allen reported he married-- in Tulsa County and remained together for nine months before obtaining a divorce in Tulsa County. No children were born rrorn this union. Allen reported he married--in 1988, in Creek County. oms records confirm this information. Allen reported this marriage ended in divorce in 1992, in Tulsa County. No childien were born from this union Allen reported he married--in Magnolia County, Arkansas on June 22, 2002. Allen reported they have been sepnmted sinoo 2005, and no children were born from this union. Allen stated he discovere that he has a twenty-three year old daughter from a relationship with who resides in Tulsa, Oklahoma and he maintains a relationship with his daughter. EMPLO XMENT: Allen is employed with Tucker Janitorial its a delivery driver coming storoo an hour and has been employed with this company for three months. Allen received employment benefits from 2012, until September 2013, in the amount of 3236,00 a week from Union Public Schools, in which he was a bus driver for three years Allen obtained with the Shadow Mountain Behavior Center throng: Express Pmsonncl working as temporary worker for two years PRE-SENTENCE INVESTIGATION ALLEN, DALE BRYANT (IF-201342339 PAGE 4 EDUCATION: Allen reported he graduated from Central High School in Tulsa, Oklahoma in May 1979. He submitted a copy of his diploma from Vatterott College indicating he received his certi?cate for Computer Programming on January 15, 2004. He submitted certi?cates indicating he was a member of the Directors Honor Roll in 2003 and 2004, an Attendance Awards in 2002, 2003, and 2004. PHYSICAL HEALTH: Allen reported no physical health problems. MENTAL HEALTH: Allen reported no mental health problems. SUBSTANCE ABUSE HISTORY: Allen stated he ?rst drank alcohol at the age of seventeen but did not drink alcohol again until the age of twenty-two and drinks alcohol I once or twice a week with his last use of alcohol to be the Saturday before this interview, which was December 18, 2013. He denied the use of illegal dru gs. On DeCember 18, 2013, Allen was instructed to obtain a urinalysis at the Weaver Drug Testing Laboratory. As of the writing of this report, Allen has not obtained the urinalysis. LEVEL OF SERVICE INVENTORY-REVISED On December 18, 2013, this case manager conducted a Level of Service InventoryuRevised interview with Allen to determine his risk and needs within the community. Alien had a raw LSI-R score of 12. Allen?s highest scoring sub-scales on the LSI-R were: Leisure and Fatnily/l?vlarital Allen completed an Adult Substance Use Survey, (ASUS), which is a self-reported assessment, to determine his treatment needs. The LSI-R and ASUS scores combined are used to assess treatment levels. The treatment level for Allen is a one (1), which indicates he needs no treatment. However, Allen?s defensive score suggests high defensiveness, which indicates he may have difficulty divulging personal information. Therefore, the self-reported information on the ASUS may not be true and accurate. MILITARY SERVICE: Allen reported he was a member of the United States Army and was in service from June 8, 3978, until December 31, 1980, and received an Honorable Discharge. FINANCIAL CONDITION: Allen reported he pays $402.00 a month to Eldorado Motors for a 2002 Ford Expedition and still owes $7,000.00 for the vehicle. Allen reported he pays approximately $250.00 a month for the utility bills and $325.00 a month for rent, which is half of the rent. PRE-SENTE NC ALLEN, DALE BRYANT CIT-10134839 PAGE 5 PLAN: Allen stated he would continue to reside at his current place of residence and maintain his employment if granted probation. TRANSITION PLAN: Based on the above information, the following interventions'are recommended if Allen is granted community supervision: it Submit to a mental health evaluation from a licensed treatment provider and follow all recommendations. SUMMARY: Appearing before this Court is Dale Bryant Allen, a ?fty-two (52) year old male, facing sentencing in CF-2GI3-2839, for the offenses of Count 1: Child Abuse by Injury and Count 2: Child Abuse by Injury. Regarding the instant offense, detectives received information that Allen had been observed kicking and throwing juvenile residences to the ground, causing injury. One of the residences was examined by medical a week later and no injury could be observed on the individual; Allen reported he attempted to step a ?ght during both occasions and admitted kicking one of the patients and grabbed one of the patients trying to separate them and one patient complained that he was slammed to the ?oor. Allen stated he was not trying to hurt him. In 1998, Allen received a five year deferred sentence in Creek County for Obtaining Merchandise by Bogus Check. Allen has no other known criminal history. He has seven traf?c citations and his driver?s license is valid. Allen has the support of his friend with whom he resides. He is employed and has a two year college education. He denied the use of illegal drugs but has not obtained a urinalysis. Allen scored 12 on the LSI-R. Allen appears to be an appropriate candidate for community supervision. It is recommended that he be. placed on supervised probation under the community supervision of the District Attorney?s of?ce. It is requested the Defendant be assessed a $50.00 fee, payable to the Department of Corrections for conducting this investigation, in accordance with 0.3. 22 982. FEE-SENTENCE INVESTIGATION ALLEN, DALE BRYANT 13?2839 PAGE 6 RECOMMENDATION: Based upon the information compiled during this investigation, it is respectfully recommended that the defendant, DALE BRYANT ALLEN, be granted probation and be placed under the community supervision of the District Attorney?s of?ce, for a period of time, as prescribed by law. submitted, Reviewed by: Nellie Williams, Case Manager Torn Nelson, Assistant District Sopervisor Tulsa County District Tulsa County District Community Corrections Community Corrections Date