WILLIAM G MONTGOMERY. MARICOPA COUNTY ATTORNEY Michael Minicozzi Deputy County Attomey Bar ID #: 024743, 301 W. Jefferson, 5th Floor Phoenix, AZ 85003 Telephone: (602) 508-8556 [email protected] MCAO Firm #: 00032000 Attorney for Plaintiff ‘THE STATE OF ARIZONA, Plaintiff, vs. NICHOLAS L BLACKWATER, aka Nicholas Blackwater ‘aka Nicholas Lew Blackwater Defendant. HagHAEL * xCuainas? FILED MY FEB IS PH G&S DR 2000098208 - Tempe Police Department 1640715 | IN THE SUPERIOR COURT OF THE STATE OF ARIZONA, IN AND FOR THE COUNTY OF MARICOPA. CReo-O01175~-004 INDICTMENT 887 GJ 434 COUNT 1: KIDNAPPING, A CLASS 2 FELONY (NICHOLAS L BLACKWATER) ‘COUNT 2: SEXUAL ASSAULT, A CLASS 2 FELONY (NICHOLAS L BLACKWATER) COUNT 3: SEXUAL ASSAULT, A CLASS 2 FELONY (NICHOLAS L BLACKWATER) COUNT 4: SEXUAL ASSAULT, A CLASS 2 FELONY (NICHOLAS L BLACKWATER) COUNT 5: SEXUAL ABUSE, A CLASS 5 FELONY (NICHOLAS L BLACKWATER) COUNT 6: KIDNAPPING, A CLASS 2 FELONY DANGEROUS (NICHOLAS L BLACKWATER) COUNT 7: AGGRAVATED ASSAULT, A CLASS 3 FELONY DANGEROUS (NICHOLAS L BLACKWATER) COUNT 8: SEXUAL ASSAULT, ACLASS 2 FELONY DANGEROUS (NICHOLAS L BLACKWATER) COUNT 9: SEXUAL ASSAULT, ACLASS 2 FELONY DANGEROUS (NICHOLAS LBLACKWATER) “The Grand Jurors of Maricopa County, Avizona, accuse NICHOLAS L BLACKWATER, on February 13, 2017, charging that in Maricopa County, Arizona: COUNT 1: NICHOLAS L BLACKWATER, on or between June 21, 2000 and June 22, 2000, knowingly did restrain Victim A with the intent to inflict death, physical injury, or a sexual offense on her of fo otherwise aid in the commission of a felony, in violation of AR.S. §§ 13-1304, 13-1301, 13-701, 13-702, 13-702.01, and 13-801. ‘COUNT 2: NICHOLAS L BLACKWATER, on or between June 21, 2000 and June 22, 2000, intentionaily or knowingly, did engage in cexual Intercourse or oral sexual contact with Victim A, without the consent of Victim A, (to wit: penile/vaginal), in violation of A.R.S. §§ 13-1406, 13-1401, 13-9821, 91-284, 13-701, 13- 702, 13-702.01, and 13-801 COUNT 3: NICHOLAS L BLACKWATER, on or between June 21, 2000 and June 22, 2000, intentionally or knowingly, did engage in sexual intercourse or oral sexual contact with Victim A, without the consent of \Vietim A, (fo wit: defendant put his finger in the victin’s anus), in violation of A.R.S. §§ 13-1406, 13-1401, 19-3821, 31-281, 13-701, 13-702, 13-702,01, and 13-801. COUNT 4: NICHOLAS L BLACKWATER, on or betwen June 21, 2000 and June 22, 2000, intentionally o knowingly, did engage in sexual intercourse or oral sexual contact with Victim A, without the consent of \Vietim A, (to wit: penile/anal) in violation of A.R.S. §§ 13-1406, 13-1401, 13-3821, 31-281, 13-701, 19 702, 13-702.01, and 13-801 COUNT 5: NICHOLAS |, BLACKWATER, on or between June 21, 2000 and June 22, 2000, intentionally or knowingly did engage in sexual contact with Vielim A, a person of fifteen or more years of age, without the consent of Victim A, (to wit: defendant bit the victim's breast), in violation of A.R.S. §§ 13-1404, 13- 1401, 13-9821, 31-281, 13-701, 13-702, 13-702.01, and 13-801.COUNT 6: NICHOLAS L BLACKWATER, on or about August 29, 2000, knowingly did restrain Victim B with the Intent to infict death, physical injury, ora sexual offense on her orto otherwise aid in the commission of a felony, in violation of ARS. §§ 13-1304, 13-1804, 13-701, 13-702, 13-702,01, and 13-801. ‘The State further alleges that the offense charged in this count is a dangerous felony because the offense involved the discharge, use, or threatening exhibition of 2 knife, a deadly weapon or dangerous instrument andlor the intentional or knowing infliction of serious physical injury upon Vietim B, in violation Of A.R.S. §§ 13-105 and 13-704 COUNT 7: NICHOLAS L BLACKWATER, on or about August 28, 2000, using a knife, a deadly weapon or dangerous instrument, intentionally did place Victim B in reasonable apprehension of Imminent physical injury, in violation of ARS. §§ 13-1203, 13-1204, 13-701, 19-702, 13-702.01, and 13-601 ‘The State further alleges thatthe offense charged in this count is a dangerous felony because the offense involved the discharge, use, or threatening exhibition ofa knife, a deadly weapon or dangefous instrument and\or the intentional or knowing ifiction of serious physical injury upon Victim B, in violation of ARS, §§ 18-105 and 13-704 GOUNT 8: NICHOLAS L BLACKWATER, on or about August 29, 2000, intentionally or knowingly, did engage in sexual intercourse or oral sexual contact with Victim B, without the consent of Vietim B, (to wit defendant put his penis inthe vietim's mouth), in violation of A.R.S. §§ 12-1406, 13-1401, 13-9821, 31- 281, 13-701, 13-702, 13-702.01, and 13-801, “The State further alleges thatthe offense charged in this count is a dangerous felony because the offense involved the discharge, use, or threatening exhibition of a knife, @ deadly weapon or dangerous instrument andor the intentional or knowing infliction of serious physical injury upon Victim B, in violation Of ARS. §§ 13-108 and 13-704, COUNT 9: NICHOLAS L BLACKWATER, on or about August 29, 2000, intentionally or knowingly, did ‘engage in sexual intercourse or oral sexual contact with Victim B, without the consent of Victim B, (to wit:penile/anal, in violation of AR.S. §§ 13-1406, 13-1404, 13-9821, 31-281, 13-701, 13-702, 13-702.01, and 13-801. “The State further alleges that the offense charged in this count is a dangerous felony because the offence involved the discharge, use, or threatening exhibition of a knife, a deadly weapon or dangerous Instrument andior the intentional or knowing infliction of serious physical injury upon Vietim B, in violation Of ARS. §§ 13-108 and 13-704. area ae i Chee, CA Tre Bil WILLIAM G MONTGOMERY. MARICOPA COUNTY ATE:IMPORTANT NOTICE RDOC OR 2017 ~001175-001 \ PURSUANT TO RULE 2.3(b) OF THE ARIZONA RULES OF CRIMINAL PROCEDURE, THE DEFENDANT IS CHARGED WITH ANY OFFENSE LISTED IN A.R.S TITLE 13, CHAPTERS 14, 32, 35 OR 35.1 OR IN WHICH THE VICTIM WAS A JUVENILE AT THE TIME OF THE OFFENSE. THIS CASE IS SUBJECT TO THE PROVISIONS OF SUPREME COURT RULE 123(G)(1)(C)(ii)(H) |Michael K. Jeanes, Clerk of Court sae SUPERIOR COURT OF ARIZONA | = O MARICOPA COUNTY Alu | 201 Bam. CR2017-001175-001 DT 08/31/2017. CLERK OF THE COURT HONORABLE SUSANNA C. PINEDA ‘J. Porter | Deputy | STATE OF ARIZONA MICHAEL ANTHONY MINICOZZ] | « NICHOLAS L BLACK WATER (001) ROBERT W PRECHT DOB: 05/05/1977 AZ DOC ‘AZ DOC MAIL CODE 481 DISPOSITION CLERK-CSC. MCSO - TRANSPORTATION MCSO-ATTN RECORDS MANAGER RFR SENTENCE OF IMPRISONMENT/ ORDER SECURING RETURN OF PRISONER 9:05 am, Courtroom SCP IC State's Attomey Michael Minicozzii Defendant's Attomey: Robert Precht Defendant: Present Court Reporter, Jeanne Kappedal, is present, ‘A record of the proceedings is also made digitally. Docket Code 193 Form R193 Page 1SUPERIOR COURT OF ARIZONA. MARICOPA COUNTY €R2017-001175-001 DT 08/31/2017 ‘Count(s) 1: WAIVER OF TRIAL: The Defendant knowingly, intelligently and ‘voluntarily waived all pertinent constitutional and appellate rights and entered a plea of guilt. IT IS THE JUDGMENT of the Court Defendant is guilty of the following: OFFENSE: Count 1 Kidnapping with Sexual Motivation Class 2 felony ARS. § 13-1304, 1301, 118, 701, 702 and 801 Date of Offense: committed on or between 06/21/2000, and June 22, 2000 against S.R. | Dangerous pursuant to A.R.S. § 13-704 - Non Repetitive AS PUNISHMENT, IT IS ORDERED Defendant is sentenced to a term of imprisonment | and is committed to the Arizona Department of Corrections as follows: Count 1: 4 year(s) from upon completion of Department of Corrections term of Count 14 | in CR 2005-010907-001 Presentence Incarceration Credit: zero day(s) Mitigated ‘This sentence is to be consecutive to Count 14 in CR 2005-010907-001 and CR 2003- 014928-001 TT IS ORDERED the Defendant shall pay through the Clerk of the Superior Court: ASSESSME PROBATION SURCHARGE: Count 1 - $20.00. Payment shall commence on a date to be determined. “The Court retains jurisdiction for any future restitution hearings. Defendant has waived bis presence for any future restitution hearings, ‘The Arizona Department of Corrections shall notify the Clerk of the Court of Maricopa County of Defendant's release from custody via e-mail [email protected]. The Clerk of the Court, upon said notification, shall furnish financial information for a Criminal Restitution Order for Judicial signature for any unpaid monies to date. Community Supervision: Count 1 - Imposed pursuant to ARS, § 13-603()). Docket Code 193 Form R193, Page 2SUPERIOR COURT OF ARIZONA MARICOPA COUNTY CR2017-001175-001 DT 08/31/2017 IT IS FURTHER ORDERED that Defendant must submit to DNA testing for law enforcement identification purposes in accordance with A.R.S. §13-610. YT IS ORDERED granting the Motion to Dismiss the following: Counts 2 through 9 are dismissed. All sentencing enhancement allegations are dismissed. IT IS ORDERED authorizing the Sheriff of Maricopa County to deliver the Defendant to the Arizona Department of Corrections to carry out the term of imprisonment set forth herein, IT IS ORDERED the Clerk of the Superior Court remit to the Arizona Department of Corrections a copy of this Order or the Order of Confinement together with all presentence reports, probation violation reports, and medical and psychological reports that are not sealed in this cause relating to the Defendant. I 9:12am, Matter concludes. ITIS ORDERED that defense counsel shall preserve defendant's file for post-conviction relief purposes. If defense counsel receives notice that defendant is seeking post-conviction relief, counsel shall prepare the file for delivery to PCR counsel and shall make timely arrangements for the exchange thercof when notified. Further, upon exchange of the file, defense counsel shall fle with the court a Notice of Compliance that shall, at a minimum, include date of compliance, recipient of the file, and an itemization of contents of the file. A copy of the Notice shall be provided to PCR counsel, the State and the PCR Unit. IT IS ORDERED that the Maricopa County Sheriff's Office return the Defendant, NICHOLAS L. BLACKWATER, #113088, date of birth: 05/05/1977 to the Arizona Department of Corrections-Arizona State Prison Complex-Eyman-Meadows Unit, or any county sheriff's office within the state of Arizona. IT IS FURTHER ORDERED upon conclusion of said hearing the Maricopa County Sheriffs Office, or any county sheriffs office within the state of Arizona, shall return the prisoner to the custody of the Arizona Department of Corrections. 3 certified copies delivered to MCSO-SIMS/MCSO-IN STATE Docket Code 193 Form R193, Page 3* SUPERIOR COURT OF ARIZONA. MARICOPA COUNTY HONORABLE SUSANNA PINEDA. Date: 08/31/2017 CLERK OF THE COURT J. Porter No, CR 2017-001175-001 Deputy STATE v. NICHOLAS L. BLACKWATER Let the record teflect that the Defendant's right index Fingerprint is permanently af to this sentencing order in open court. rin) (a i HONORABLE SUSANNA PINEDA. JUDICIAL OFFICER OF THE SUPERIOR COURT S Page 4