OF DISTHICT CCLRT 1709 West College Street JEIUilFER Bozeman, Montana (406) ZG:Z rjrr 2 8 i:2 MONTANA EIGHTEENTH JUDICIAL DISTRICT

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1 Eric N. Kitzmiller, Deputy County Attorney GALLA TIN COUNTY" CLERK Gallatin County Attorney's Office OF DISTHICT CCLRT 1709 West College Street JEIUilFER Bozeman, Montana (406) ZG:Z rjrr 2 8 i:2 MONTANA EIGHTEENTH JUDICIAL DISTRICT STATE OF MONTANA, vs. ROBERT COLE, Plaintiff, Defendant ) * * * * * ) Case No. : ) FilED GALLATIN COUNTY Dcpun DC- (z..-l/7a AFFIDAVIT OF PROBABLE CAUSE AND MOTION FOR LEAVE TO FILE INFORMATION COMES NOW the State of Montana by Eric N. Kitzmiller, Deputy Gallatin County Attorney, and being first duly sworn upon oath, deposes and says as follows: 1. That your affiant is a Deputy Gallatin County Attorney, and by law one of the attorneys to prosecute criminal matters in the State of Montana. 2. Based upon an investigation conducted by the Bozeman Police Department, your affiant is aware of the following. 3. During the early morning hours of February 17, 2012, police officers from the Bozeman Police Department responded to a report of several males who forcefully entered a residence at 414 Wilda Lane in Bozeman, Gallatin County, Montana. It was reported the males threatened the five occupants of the residence with

2 weapons, stole property from the residence and damaged property at the residence. 4. Officer Ben Green was one of the officers who first arrived at the residence. When he arrived, he observed two males moving around the outside of the residence. The two males were near a motor vehicle believed to be a Chevrolet Suburban. Officer Green noted the two males fled from the area as he and other officers approached. One of the males got into the vehicle and fled from the area in the vehicle. Officers illuminated the vehicle and loudly gave orders for the driver of the vehicle to stop. However, the driver of the vehicle refused to stop the vehicle. As the vehicle sped by a police officer at close distance, the officer fired gunshots at the vehicle to disable the vehicle's tires. The vehicle was later stopped by Officer Joel Heister near the intersection of Durston and 25th in Bozeman. Officer Heister believed the vehicle had traveled at a speed of as much as 60 miles per hour. The registered owner of the vehicle was determined to be Lisa Ann Tan. The driver of the vehicle was identified as Matthew Tan, and he was taken into custody and transported to the Gallatin County Law and Justice Center. 5. The other male who fled from the area on foot was pursued by Officer Green and Officer Hal Richardson. The officers apprehended him after a brief foot pursuit. The of f icers noted the male was wearing an empty bear spray holster when they 2

3 apprehended him. The male provided Officer Green with his name; however, it was later determined the name the male provided to Officer Green was not his correct name. The male indicated he was walking home from a friend's house and passing through the area. The male was later identified as Ryan Humphrey, and he was taken into custody and transported to the Gallatin County Law and Justice Center. Detective Shawn Toresdahl learned that Humphrey had been detained in Deputy Matt Boxmeyer's patrol car for a period of time before Humphrey was transported to the Gallatin County Law and Justice Center. Deputy Boxmeyer informed Detective Toresdahl that he found a set keys in the back of his patrol car that belonged to Taylor Drummond after Humphrey was removed from the patrol car. 6. The officers determined that there were five people inside the residence at 414 Wilda Lane at the time the intruders forced their way into the residence. They were identified as Peter Maxwell, Taylor Drummond, Jessica Jacoby-Krebs, Christopher Franzen, and Kendall Roth. Officer Richardson spoke briefly with Jacoby-Krebs at the residence. She indicated to Officer Richardson that several males wearing different types of facial coverings had entered the residence. Jacoby-Krebs noted that one of the males was black and he was wearing a black bandana over his face. She also noted that at one point the black male had a knife and the bandana covering his face slipped off. When it did, she 3

4 heard Drummond refer to the black male as Rodney. Then the other male intruders became concerned because they knew his name. Jacoby-Krebs noted that the male intruders then began demanding money, debit cards, computers and other valuables. 7. Detective Scott Vongehr and Detective Toresdahl spoke with Maxwell, Drummond, Jacoby-Krebs, Franzen and Roth (who were inside the residence at 414 Wilda Lane at the time of the forced entry of the residence). The detectives learned that the people inside the residence woke up when they heard a disturbance at the residence. Several of the people heard a loud pounding noise, and others indicated they heard the sound of breaking glass. (Police Officers observed a broken glass door at the residence when they arrived.) As they came out of their rooms in the residence, they indicated they saw between three and five masked males with weapons they believed to be: a shotgun, a large knife, bear spray and a baseball bat. They noted the males with the weapons were all wearing dark clothing and had various types of face coverings, including black and white bandanas, ski masks and a joker mask. 8. During the incident, Maxwell and Jacoby-Krebs were taken from their bedrooms and ordered into a bathroom on the main floor of the residence, where they were held for the majority of the incident by the intruders. They also indicated that one of the intruders stabbed the door of the bathroom with a knife while demanding money. Drummond indicated he was moved between his 4

5 bedroom and the bathroom with Maxwell and Jacoby-Krebs. Drummond also said one of the masked males attempted to restrain him with paper packing tape in the bathroom. Jacoby-Krebs also noted that while she was in the bathroom one of the intruders pointed a shotgun at her and demanded she take off her clothes. 9. Franzen and Roth indicated they were upstairs and heard the commotion downstairs. Franzen said he went downstairs and saw the armed males entering his residence, so he returned to his bedroom with Roth. Franzen said he locked the bedroom door then they locked themselves in the bathroom within the bedroom. A short time later, Franzen indicated two males forcefully opened the bedroom door then forced open the bathroom door with the stock of a rifle. Franzen and Roth both said they were ordered to go downstairs and as they did, they ran out the front door and away from the residence. 10. Maxwell indicated to the officers he recognized one of the male intruders to be Ryan Humphrey. Maxwell said he and Humphrey had been involved in recent disputes, including multiple physical fights. Maxwell said he received a text message from Humphrey earlier in the night saying: "Hit me up bitch" and "or I'm coming over". (Detective Vongehr observed and documented these text messages.) Messages on Maxwell's phone indicated Humphrey attempted to call Maxwell before and after sending the text messages. Maxwell indicated he understood the messages to be 5

6 a challenge to fight and he did not respond. During the incident at the residence, Maxwell said Humphrey struck him in the abdomen with the end of the baseball bat, and Maxwell noted he was not injured. The strike was witnessed by Jacoby-Krebs, who provided a similar description of what happened as Maxwell. 11. Maxwell described one of the males as an African- American male he knew to be a guy named Rodney. Maxwell said he knew Rodney because he had been at recent parties at Maxwell's residence at 414 Wilda Lane. Jacoby-Krebs also noted she saw Radney's face and she recognized him from previous parties. Maxwell and Jacoby-Krebs indicated they heard the other males calling the male by the name Rodney during the incident. Drummond told Detective Vongehr that he recognized Rodney from previous encounters and also heard him being called Rodney. Maxwell also noted that the intruders referred to one of the other intruders as Rob. 12. Detective Toresdahl met with Matthew Tan at the Gallatin County Law and Justice and advised him of his rights. Tan agreed to waive his rights and speak with Detective Toresdahl about the incident. Tan indicated that he and four other males decided to go to the residence to get revenge because Maxwell recently pointed a shotgun at Humphrey and Tan. Tan described how he and the others armed themselves with a shotgun belonging to Tan, a bat, a knife and other items. Tan also described how they broke a 6

7 glass door to the residence after finding the doors were locked. Tan noted all five entered the residence and tried to gather the residents into one location. Tan indicated he took cash, a wallet, a bass guitar and other small items from the residence and began loading them into the back of his vehicle. Tan indicated that while he was outside the residence, the other intruders who were inside handed him several firearms which he also loaded into the vehicle. Tan noted that when he saw the police officers approaching the residence he attempted to flee in his vehicle. Tan also indicated the other intruders were named Ryan, Rodney, Rob and Nick. Tan noted that Rob had a predominate scar on his face. Tan also noted that Rodney is a black male and he lives with Ryan Humphrey near the intersection of 3rd and Arthur in Bozeman. 13. By using a variety of computer networking sites and internal police databases, Detective Vongehr determined a person as Robert with the last name of Cole was linked through contacts to Tan and Humphrey. Detective Robert Vanuka determined that Montana State University (MSU) had two people with the name Robert Cole listed. Detective Vanuka determined one person named Robert Cole was not currently enrolled as a MSU student and had a post office box address in the State of Oklahoma. Another person named Robert Cole, the defendant, was listed as a current student at MSU. Detective Vanuka obtained a driver's license photograph of 7

8 this Robert Cole, the defendant, and it clearly showed he had a large facial scar on his right cheek. Detective Vanuka also learned this Robert Cole had an address in Bozeman, Montana, and his driver's record listed an address on the ninth floor of 200 Roskie Hall on the campus of MSU. 14. Detective Vanuka also determined that Ryan Humphrey and Rodney Sheppard lived at 1403 South 3rd in Bozeman. 15. Later on February 17, 2012, Officers went to the residence at 1403 South 3rd and located Robert Cole and Rodney Sheppard. They were found together in the living room of the residence. Robert Cole was identified as a white male with a scar on his face. Rodney Sheppard was identified as an African- American male. They were both transported to the Gallatin County Law and Justice Center. 16. Robert Cole was advised of his rights and he agreed to waive his rights and speak with Detective Vanuka about what happened earlier in the day. Cole noted that he had been at a party with Matthew Tan, Ryan Humphrey and Rodney Sheppard. After the party, they traveled to a residence on Wilda Lane in a full size sport utility vehicle driven by Tan. While in the vehicle, Cole indicated he learned that they were going to break into a residence for revenge for a prior incident. Cole noted that Tan, Humphrey and Sheppard indicated they were going to "Fuck" with the residents at the Wilda Lane residence and maybe get some stuff out 8

9 \ : ' " l"lc'),dlng, ' of the deal. Cole also noted there were shotguns inside the vehicle. Once they arrived at the Wilda Lane residence, they put on masks to disguise their identities. Cole indicated he went to the back of the residence and then heard the sound of breaking glass. Cole then went to the front of the residence where he saw some broken glass. Cole indicated he went inside the residence and heard people yelling from the back of the residence. Cole also noted that when he stepped back outside he saw flashing lights and heard gunshots so he took off running. Cole noted that shortly thereafter he later met up with Sheppard and they talked about what happened. 17. Based on the foregoing facts, the undersigned moves the Court for leave to file an Information in district court and to find that probable cause exists to file an Information charging the defendant, Robert Cole f with the crime(s) of: count I, Aggravated Burglary, a Felony, in violation of , MCA. Dated this SUBSCRIBED day of -"7...- f rf\.rf-fjl Eric N. Deputy County Attorney Gallatin County, and SWORN to before me this day of,2012. NOTARY OF MONTANA Residing at: Bozeman, Montana My He len F. I\'.?tsry Public '. \.-> "0 \t',e ;;:tale of at: 1 '"..- ' Bczernan, Montana I """ _., i,',11 O)mmission Expires: ; _..,

Attorney * * * * * Case No.: COMES NOW the State of Montana by Eric N. Kitzmiller, 1. That your affiant is a Deputy Gallatin County Attorney,

Attorney * * * * * Case No.: COMES NOW the State of Montana by Eric N. Kitzmiller, 1. That your affiant is a Deputy Gallatin County Attorney, Eric N. Kitzmiller, Deputy County Gallatin County, Montana Judge Guenther Memorial Center 1709 West College, Suite 200 Bozeman, Montana 59715 (406) 582-3745 Attorney MONTANA EIGHTEENTH JUDICIAL DISTRICT