Presentence Investigation Report

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IN UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF FLORIDA

UNITED STATES OF AMERICA )
)
vs. ) PRESENTENC E INVESTIGATION REPORT
)
Richard J. Machjokowski ) Docket No. CR 87-473-32-HDO
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Prepared for: The Honorable Kathleen M. Brady
U.S. District Judge
Prepared by: Michelle A. Thomas
U.S. Probation Officer
Orlando, FL 89532
(693)-298-8932
Assistant U.S. AttorneyDefense Council
Miss Jessica BowerMr. John Klug
United States Courthouse934 South Richton Drive
Orlando, FL 89532Orlando, FL 89612
(693)-298-8932(693)-297-8426

Sentence Date:March 24, 2008
Offense:Count one: Assault (with a deadly weapon)
(83 U.S.C. 910)-1to10 years in prison/
$5,000 fine
Release Status:Detained without bail since September 18, 2007
Detainers:None
Codefendants:Jordan Machjokowski—CR-37-863-02
James Graystoe—CR-83-772-03

Related Cases:None
Date Report Prepared:10/2/07

Identifying Data:
Date of Birth:6/21/87
Age:20
Race:White
Sex:Male
S.S. #:246-93-8548
Other ID #:Not Applicable

Education:High School Graduate
Dependants:None
Citizenship:U.S.

Legal Address:79842 Rangel Road
Orlando, FL 89532

Aliases:None

PART A. THE OFFENSE
Charges and Convictions
1. Richard J. Machjokowski was named in a one-count indictment returned by an Eastern District of Florida Court on October 15, 2007. Count one charges that on August 2, 2007 the defendants conspired to violate the federal assault laws, in violation of 83 U.S.C. 910. 2. On September 23, 2007, Jordan Machjokowski and James Graystoe both plead guilty to one count and are scheduled to be sentenced on February 5, 2008. All above defendants have pled guilty in accordance with the terms of written plea agreements which require a guilty plea to count one in return for their testimony in the trial against Richard J. Machjokowski.

The Offense Conduct
3. The case was initiated when Richard J. Machjokowski, Jordan Machjokowski, and James Graystoe, went into a bar called The Black Horse, on August 2, 2007. Wherein they met up with Josh Grimms (victim), and had an argument. The argument got heated and the gentlemen took it outside, where Richard, Jordan, and James started a physical confrontation with Josh Grimms. They each took turns beating him up with various blows (with fists) to the face and stomach. 4. An onlooker from inside the bar called the police. When the police showed up and took Richard, Jordan, and James into custody they found a handgun on Richard. He claims to have known nothing about the gun, how it got in his pocket or who it belongs to. 5. The police took Josh to the hospital to be checked out and then to the police station to file a report. 6. While in interrogation Jordan made a statement and plead to a lesser charge of assault in return for his testimony against Richard. According to information provided by Jordan Machjokowski, Richard told him that he was going to bring the gun just in case, but he wouldn’t tell him why, or even where he got the gun. 7. While James was in interrogation he also made a statement and plead to a lesser charge of assault in return for his testimony against Richard. According to information provided by James by the time he had gotten to Richard’s house, Richard and Jordan were already walking out of their house. He did not see a gun, nor did he hear any conversation about it. He did however hear Richard say when we walked into the bar that if Josh was there he was going to give him what he had coming to him. 8. Also in interrogation was Richard. He was still sticking to his story that he did not know anything about the...
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