STATE OF NORTH CAROLINA Vim County Seat omom in The General Court Of Justice District Superior Court Division STATE VERSUS Name Of Defendant CODY AYDBN HENS 0N CONDITIONAL DISCHARGE Drivers License No. State Race Sex UNDER 6.3.1 341 (a4) For Offenses Committed On Or After Dec. 1. 201 6) Date Of Birth Full Social Security No. Age At Time Of Offense Milt/1992 GS. 15A-1341(a4) Attorney For State Der: Found Def. Waived Attorney For Defendant Appointed initials Benjamin Zeliinger Not indigent I Niamey Michael Edney Retained The defendant was found pursuant to piea pursuant to Alford) of no contest) El trial by judge trial by jury, of File No.(s) Off. Offense Description Offense Date 6.8. No. Ftl'u'i CL. 19012350558 I Cyberstalking 05t01t2018 2 I 0513 112018 MOTION .. Now come the State and defendant and move the Court to defer further proceedings in the case(s) above and place defendant on probation I I pursuant to G. 8. 1341(a4) for the purpose of allowing defendant to demonstrate good conduct. In support of saidmotion. defendant after being duly sworn further states under oath that hetshe has not previously been placed on probation. m7 Sign? 0??qu woera-m? presented) Date SWORNIAFFIRMED ?66le ED TO BEFORE ME 7 Dar? 2 3 Signature Of Data! dantfunder can?t goeputy CSC El Assistant CSC I: Cienli?f Superior Co urf District Court Judge Superior Court Judge on the foregoing Motion and a review of the record. the Court hereby the Motion. based upon the following ?ndings: 1. Each known victim of the crime has been notified of the motion for probation by subpoena or certi?ed mail and given an opportunity to be heard. 2. The defendant has not been convicted of any felony or of any misdemeanor involving moral turpitude. 3. The defendant has not previously been placed on probation. 4 The defendant Is uniikely to commit another offense other than a Class 3 misdemeanor. denies the Motion. (optional) I: In its discretion. because: - DEFERRAL OF PROCEEDINGS AND PLACEMENT ON PROBATION 1. The Court. without entering a judgment of guilt, Orders that further proceedings. in this matter be deferred and places the defendant on El supervised unsupervised probation for 13 months (max. of2 as provided for a I community punishment. intermediate punishment (ADC-CR- -6030. Page Two. required). 2. The Court ?nds that it is NOT appropriate to delegate to the Section of Community Corrections the authority to impose any of the requirements' In G. for community punishment or G. S. 15A-1 343. 2(f) for intermediate punishment. 3. The Court ?nds that a longer shorter period of probation IS necessary than that Which' IS speci?ed In G. s. 15A-1343. 201) 4. The defendant shall provide a DNA sample pursuant to G. S. 15A-266. 4. -319 required) 5. Upon violation of a term or condition of probation by the defendant. the Court reserves the authority to enter an adjudication of guilt and proceed as otherwise provided against the defendant. Upon ful?llment of the terms and conditions by the defendant. the Court shall discharge the defendant and dismiss the proceedings against the defendant. 6. Except as ordered to appear earlier for a hearing on alleged violation(s) or as otherwise ordered by the Court. the defendant shall return to this Court #h-mrroala" for a hearing to determine ful?llment of the terms and conditions of probation. I -- MONETARY CONDITIONS - - -- - - The defendant shall pay to the Clerk of Sup?or Court the ?Total Amount Due? shown below. plus the probation supervision fee if placed on supervised probation above. pursuant to a schedule determined by the probation of?cer. set out by the court as follows: Co Fine Restr'tudon' AftomeJ/s Fees Comm Serv Fee EHA Fee Appt Fee/Misc Totei Amount Due rice DO 2419-. 0 *See attached ?Restitution Worksheet, Notice And Order (Initial Sentencing)? AOC- 611, which? Is incorporated by reference. The Court ?nds just cause to waive costs as ordered on the attached AOC- CR-618. Other: Upon payment of the otal Amount Due,? the probation of?cer may transfer the defendant to unsupervised probation. Material opposite unmarked squeg'gs later be c?srogarded as surplusege. Rev. 1317. 2017Adminislrative Of?ce of the Courts extradition roceedin if taken into custody outside of this State for failing to comply with the conditions imposed by the court. El 22 Comply with the Special Conditions Of Probation which are set forth on Page Two REGULAR CONDITIONS OF NOTE: Any probationeryludgment may be extended pursuant to G. S. 1514-1342. The defendant shall: (1) Commit no criminal offense In any Possess no ?rearm explosive device or other deadly weapon listed? In G. 8. 14-269. (3) Remain gainfully and suitably employed or faithfully pursue a course of study or vocational training. that will equip the defendant for suitable employment. and abide by all rules of the institution. (4) Satisfy child support and family obligations. as required by the Court. (5) Submit to the taking of digitized photographs. including photographs of the defendant's face. scars. marks. and tattoos to be included In the defendant?s records. - . (6) Not abscond. by willfully avoiding supervision or by willfully making the defendant's whereabouts unknown to the supervising probation Officer. (7) Remain within the jurisdiction of the Court unless granted written permission to leave by the Court or the probation officer. Report as directed by the Court or the probation of?cer to the of?cer at reasonable times and places and in a reasonable manner. permit the officer to visit at reasonable times answer all reasonable inquiries by the of?cer and obtain prior approval from the of?cer for and notify the of?cer of. any change in address or employment. (9) Notify the probation officer if the defendant fails to obtain or retain satisfactory employment. (10) Submit at reasonable times to warrantiess searches by a probation of?cer of the defendant's person and of the defendant?s vehicle and premises while the defendant' Is present. for purposes directly related to the probation supsnrision. but the defendant may not be required to submitto any other search that would otherwise be unlawful. (11) Submit to wanantless searches by a law enforcement officer of the defendant's person and of the defendant?s vehicle. upon a reasonable suspicion that the defendant is engaged in criminal activity or is in possession of a firearm. explosive device. or other deadly weapon listed In 6.8. 14-269 without written permission of the court (12} Not use. possess. or control any illegal drug or controlled substance unless it has been prescribed for the defendant by a licensed physician and is in the original container with the prescriptlon number af?xed on it; not knowingly associate with any known or previously convicted users. or sellers of any such illegal drugs or controlled substances; and not knowingly be present at or frequent any place where such illegal drugs or controlled substances are sold. kept. or used. {13) Supply a breath. urine. or blood specimen for analysis of the possible presence of prohibited drugs or alcohol when instructed by the defendant's probation officer for purposes directly related to the probation supervision. if the results of the analysis are positive. the probationer may be required to reimburse the Division of Adult Correction and Juvenile Justice for the actual costs of drug or alcohol screening and testing. (14) (applies only lfjudgment deferred for felony) waive all rights relating to SPECIAL CONDITIONS OF PROBATION- G. S. 15A-1343(b1) The defendant shall also comply with the following special conditions Which the Court ?nds are reasonably related to the defendant' 5 rehabilitation: 15. Surrender the defendant's drivers listeners to the Clerk of SUperior Court for transmittallnoti?cation to the Division of Motor Vehicles and not operate a motor vehicle for a period of or until reticensed by the Division of Motor Vehicles. whichever is later. 16. Successfully pass the General Education Development Tool during the??rst months of the period of probation. 17. Complete hours of community service during the? ?rst days of the period of probation. as-directed by the judicial services coordinator. The fee prescribed by 1433-708 is not due because it is assessed in a case adjudicated during the same term of court. to be paid pursuant to the schedule set out under Monetary Conditions on the reverse. El within days of this Conditional Discharge and before beginning service. 18. Report for initial evaluation by participate in all further evaluation. counseling. treatment. or education programs recommended as a result of that evaluation. and comply with all other therapeutic requirements of those programs until discharged. I 19. Not assault threaten. harass. be found in or on the premises or workplace of. or have any contact with Kelsey Henson ?Contact? includes any defendant-initiated contact. direct or indirect. by any means. including. but not limited to. telephone. personal contact. e?mail. pager. gift-giving. telefacsimile machine or through any other person except 20. Abstain from alcohol consumption and submit to continuous alcohol monitoring for a period of days. months, the Court having found that a substance abuse assessment has identi?ed defendant' 8 alcohol dependency or chronic abuse. I I21. Other: Defendant must receive a mental health assessment and comply with any follow-up treatment. Defendant shall not possess any ?rearms during the term of probation. I CERTIFICATION BY I certify that this Conditional Discharge Under G. S. 15A?1341(a4) and the attachment(s) marked below' Is a true and complete copy of the original which is on ?le In this case. 1. Judgment Suspending Sentence Page Two) (additional conditions of probation) 2. Restitution Worksheet. Notice And Order (Initial Sentencing) (AOC-CR-611) 3. Additional File No.(s) And Offensers) (AOC-CR-626) 4. Other: Date Name {type or print) Signature Of Clerk Deputy 080 Asst. CSC Clerk Of Superior Court SEAL NOTE TO CLERK: Upon entry of a ?nal order discharging the defendant and dismissing the charge(s) against him/her, forward a certi?ed copy of this Conditional Discharge and the dismissal order or other order) to the Administrative Office of the Courts at NCA 0C. Records Officer - Court Services Division. PO Box 2448. Raleigh. NC 27602. Material opposite unmarked squares is to be disregarded as surplusage. AOC-CR-6320. Side Two. Rev. 12? 7 2017 Administrative Office of the Courts STATE VERSUS Name Of Defendant NOTE: Use this page with ?Judgment Suspending Sentence - Felony?: AOC-CR-604D. ?Judgment Suspending Sentence - Misdemeanor?: SD. ?Conditional Discharge Under 6.8. ?Conditional Discharge Under (3.5. ?Conditional Discharge Under 6.8. ?Conditional Discharge Under 6.3. ADC-CR-63ZD. "Conditional . G.S. or ADC-CR-BSSD. ?Conditional Discharge Under 6.8. for offenses committed on or after so. . . COMMUNITY AND INTERMEDIATE PROBATION CONDITIONS - G.S. 15A-1343(a1) . in addition to complying with the regular and any special conditions of probation set forth in the ?Judgment Suspending Sentence" entered In the above case(s). the defendant shall also comply with the following conditions of probation, which may be imposed for any community or intermediate punishment. El 1. Submit to house arrest with electronic monitoring. remain at the defendant's residence for a period of days. months, abide by all rules. regulations. and directions of the probation of?cer regarding such monitoring. and pay the fees prescribed In 6.8. 15A-1343(c) as provided under Monetary Conditions. The defendant may leave the residence for the following purposefs) and as otherwise permitted by the probation of?cer: l1employment counseling a course of study vocationai training. er: El 2. Complete hours of community service during the ?rst days of the period of probation, as directed by the judicial services coordinator. The fee prescribed by 6.8. 1433-268 is not due because it is assessed in a case adjudicated during the same term of court. to be paid pursuant to the schedule set out under Monetary Conditions in the ?Judgment Suspending Sentence." within days of this Judgment and before beginning service. Other: 3. Submit to the {allowing period(s) of con?nement in the custody of the El Sheriff of this County. El (other local con?nement facility). El and pay jail fees. The defendant shall-report in a sober condition to serve the term(s) indicated below, NOTE: Periods of con?nement imposed here must be for bye-day or three-day consecutive periods, only. forno more than six days in a single month. and in no more than three separate months during ?re period of probation. To impose special probation under G. S. 15.44351. see below. Date Hour El AM for El 2 days Dale Hour El AM in El 2 days Date Hour [3 AM CI 2 days El PM El 3 days El PM a days a pm 3 days Date Hour AM for El 2 days Date Hour El AM El 2 days Dara Hour El AM El 2 days - CI PM El 3 days El PM or I: 3 days El PM [j 3 days Data Hour AM for El 2 days Date Hour El AM for El 2 days Dale AM El 2 days El PM 3 days El PM 3 days pm El 3 days Obtain a substance abuse assessment, monitoring, or treatment as follows: . Abstain from alcohol consumption and submit to continuous alcohol monitoring for a period of 7 I days. El months. the Court having found that a substance abuse assessment has identi?ed defendant's alcohol dependency or chronic abuse. - Participate in an educational or vocational skills development program as follows: Submit to satellite-based monitoring. if required on the attached Side Two. INTERMEDIATE PUNISHMENTS in addition to complying with the regular and any special. community. or intermediate conditions of probation set forth in the ?Judgment uspendi Sentence? or herein for the above case(s), the defendant shall also comply with the following intermediate punishment(s) under 6.8. 15A-1340.1 El 1. Special Probation - 6.8. 15A-1351 I . - - gulf-It Da- ??qu - Um? (1) Obey the miss and regulations of the Division of Adult Correction and Juvenile Justice governing the conduct of inmates while imprisoned. (2) Report to a probation officer in the State of North Carolina within seventy-hue 72 hours of the defendant?s discharge ?om the active term of imprisonment. A. Serve an active term of?EI days months hours in the custody of the CI DACJJ. El Sheriff of this County. Other: (NOTE: Nonconfr?nuous periods of special probation may not be served in DACJJ. Also. special probation imposed in misdemeanor sentences on or a?er Oct. 2014. may not be served in DACJJ) - B. The defendant shall report in a sober condition to begin sewing hislher term on: . Day Date Hour EIAM and Shall remain in bay Date Hour DAM j PM custody until: El my, C. The defendant shall again report in a sober condition to continue serving this term on the same day of the week for-the next consecutive weeks. and shall remain in custody during the same hours each week until completion of the active term ordered. D. This term shall be served at the direction of the probation officer within days I: months of this judgment. E. Pay jail fees. El F. Work release is recommended. Substance abuse treatment is recommended. H. a Other: El 2. Drug Treatment Court - 8.8. Comply with the rules adopted for the program as provided for in Article 62 of Chapter 7A of the General Statutes and report on a regular basis for a speci?ed time to participate in court supervision. drug screening or testing. and drug or alcohol treatment programs. Other: INTERMEDIATE CONDITIONS OF PROBATIONS - 6.3. If subject to Intennedlate punishment. the defendant shall. in addition to the terms and conditions imposed above. comply with the following intermediate conditions of probation. (1) if required by the defendant?s probation of?cer. perform community service under the supervision of the Section of Community Corrections. and pay the fee required by (3.8. 1433-708. but no fee shall be due ifthe Court imposed community service as a special condition of probation and assessed the fee in this judgment or any judgment for an offense adjudicated in the same term of court. (2) Not use, possess. or control alcohol. (3) Remain within the defendant?s county of residence unless granted written permission to leave by the court or the defendant?s probation of?cer. (4) Participate in any evaluation. counseling. treatment, or educational program as directed by the probation of?cer. keeping all appointments by abiding by the rules. regulations. and direction of each program. Material opposlle unmarked squa(rgs ls)to be disregarded as surplusage. ver Page TWO. Rev. 12117. 2017 Administrative Of?ce of the Courts and MANDATORY SPECIAL CONDITIONS FOR SEX OFFENDERS AND PERSONS CONVICTED 0F OFFENSES INVOLVING PHYSICAL, MENTAL, OR SEXUAL ABUSE OF A MINOR - G.S. 15A-1343(b2) NOTE: The following are not de?ned as intennedlate punishments under 6.8. ?l 5A??i 340. 11(6). EDTE: Select only one of the three sets of conditions below. 1. Special Conditions For Reportable Convictions - 6.8. 15A-1343tb2) NOTE: impose only fora reportable conviction under 6.3. 14-208. 6. The defendant has been convicted of an offense which is a reportable conviction as de?ned in 6.3. and must a. Register as a sex offender and enroll in satellite-based monitoring if required on the attached AOC-CR-615. Side Two. b. Participate in such evaluation and treatment as is necessary to complete a prescribed course of or other rehabilitative treatment as ordered by the court. 0. Not communicate with, be in the presence of. or found in or on the premises of the victim of the offense. d. ?che Court ?nds physical, mental, orsexual abuse minor) Not reside in a household with (1) (for sexual abuse) any minor child. (2) or mental abuse) any minor child El other than the chiid(ren) named below, for whom the court expressly finds that it is unlikely that the defendant's harmful or abusive conduct will recur and that it would be in the best interest of the child(ren) named below to reside in the same household with the prohationer. (Name minor chiid(ren) with whom the probationermay reside in the same household): e. Submit at reasonable times to warrantiess searches by a probation of?cer of the defendant?s person, of the defendant?s vehicle and premises, and of the defendant's computer or other electronic mechanism which may contain electronic data while the defendant is present, for the following purposes which are reasonably related to the defendant?s probation supervision: El child pcmography f. Other: 2. Special Conditions For Offenses involving The Sexual Abuse Of A Minor - 6.8. 15A-1343lb2) NOTE: impose if olfense involved sexual abuse of a minor but is not a reportable conviction. - The defendant has been convicted of an offense involving the sexual abuse of a minor and must . a. Participate in such evaluation and treatment as is necessary to complete a prescribed course of or other rehabilitative treatment as ordered by the court. b. Not communicate with, be in the presence of, or found in or on the premises of the victim of the offense. 0. Not reside in a household with any minor child. (6.3. d. Submit at reasonable times to warrantiess searches by a probation of?cer of the defendant?s person, of the defendant?s vehicle and premises. and of the defendant?s computer or other electronic mechanism which may contain electronic data while the defendant is resent, for the following purposes which are reasonably related to the defendant's probation supervision: El child pornography e. Other. 3. SBecial Conditions For Offenses Involving The Physical Or Mental Abuse Of A Minor - G.S. 15A-1343(b2) TE: impose if o??ense involved physical or mental abuse of a minor but is not a reportable conviction and did not involve sexual abuse. The defendant has been convicted of an offense involving the physical or mental abuse of a minor and must a. Participate in such evaluation and treatment as is necessary to complete a prescribed course of or other rehabilitative treatment as ordered by the court. b. Not communicate with, be in the presence of. or found in or on the premises of the victim of the o?ense. c. Not reside in a household with (1) any minor child. (2) any minor child other than the child(ren) named below, for whom the court expressly ?nds that it is unlikely that the defendant's harmful or abusive conduct will recur and that it would be in the best interest of the child(ren) named below to reside in the same household with the probationer. (Name minor chiidfren) with whom the probationer may reside in the same household): d. Submit at reasonable times to warrantiess searches by a probation of?cer of the defendant's person. of the defendant's vehicle and premises. and of the defendant's computer or other electronic mechanism which may contain electronic data while the defendant is Errsent, for the following purposes which are reasonably related to the defendant?s probation supervision: L?j child pcmography e. Other ADDITIONAL CONDITIONS FOR DOMESTIC VIOLENCE 1. Pursuant to its ?nding that the defendant is responsible for acts of domestic violence. the Court further ?nds that: a. there is an abuser treatment program. approved by the Domestic Vrolence Commission nabfy ailable to the defendant. who shall: (1) for supenrised probation) attend and complete (check one) (program name) 5?4 grail (a a program to be identi?ed by the probation of?cer, and abide by the program's rules. The pr tion of?cer shall send a copy of this judgment to the program, which shall notify the of?cer if the defendant fails to participate is discharged for violating any of its rules. (2) forunsupenrised probation) attend and complete (check one} (program name) [El a program chosen by the defendant, who shall notify the program and the district attorney of that choice within ten (10) days of the entry of this judgment. and abide by the program?s rules. The district attorney shall send a copy of this judgment to the program, which shall notify the district attorney if the defendant fails to participate or is discharged for failure to comply with the program or its rules. . El b. there is no approved abuser treatment program reasonably available. c. it would not be in the best interests of justice to order the defendant to complete an abuser treatment program because 2. As additional Special Conditions of Probation. the defendant shall: a. not come within feet of b. comply fully with any 6.3. Chapter 503 Domestic \?olence Protective Order in effect. The above conditions are incorporated in the "Judgment Suspending Sentence? in the above case(s) and made a part thdheof. at any time. Date Name Of Presiding Judge (two or print) Signature Of Presiding ulna them it, MW V?s? Material opposite unmarked squares is to be disregarded as surplusage. Page Two, Side Two, Rev. 12i?l 7. 2017 Administrative Office of the Courts DOMESTIC VIOLENCE STATEMENT OF GUILT l, CODY HAYDEN HENSON, HEREBY ACKNOWLEDGE MY GUILT to the offense of Cyberstalking (N.C.G.S. 14-196.3b2) between May 1, 2018 and May 31, 2018, in Criminal Case Number 19CR050558. I am represented by an attorney Michael Edney, or have signed waiver of counsel and am representing myself. It has been explained to me and I understand that have the right to remain silent and refrain from making any statement about the offense, and that any statement I do make can and will be used against me at a trial of this matter in the event that I am terminated from this Conditional Discharge Agreement for any violation of its requirements. freely and voluntarily choose to the make the following-statement, - Waive my right to remain silent accordingly, and waive any objections may have to the admission of thisstatement against me in any trial I have with respect to these charges. 69/141 Defendant/Date efense Counsel/Date Witness/Date ADDITIONAL SPECIAL CONDITIONS OF PROBATION (CONDITIONAL DISCHARGE) A. There shall be no travel restrictions which will interfere with the defendant?s ability to continue his position (employment) as a North Carolina State Representative, including his work in Raleigh, and any potential, organized, Out of State legislative meeting, conferences or fact??nding trips. Defendant?s obligation will be to provide his probation officer with reasonable notice of. any travel. B. Should the Defendant and Kelsey Henson decide that different or modified ?contact" between the parties is in the best interest ofthe minor children, Defendant?s "contact? with Kelsey Henson may be modified by a Judge of the District Court division, but only after reasonable notice and opportunity to be heard to the Office of the Attorney General. C. When this matter is reviewed, approximately one year from this date, the Court may, in its discretion, transfer the defendant to unsupervised probation. - Cody Hayden Henson 06/5/ 2020 A orney for Defendant