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

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

MONTANA EIGHTEENTH JUDICIAL DISTRICT COURT,G.&tUzTIN COUNTY l:le pun THE STATE OF MONTANA,

IN THE JUSTICE COURT OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF MISSOULA BEFORE Kann.. Ocz h, JUSTICE OF THE PEACE

Highlighted Activity for July 12 18, 2018

FILED March 9, 2018 Missoula County Justice Court

Highlighted Activity for September 13-19, 2018

BARRINGTON HILLS POLICE DEPARTMENT

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT POLICE NO. : PROSECUTOR NO. : OCN:

UNITED STATES DISTRICT COURT for the District of Nebraska

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE COMPLAINT

UNITED STATES DISTRICT COURT


LAKE FOREST POLICE DEPARTMENT Incident and Arrest Blotter

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR WHATCOM COUNTY ) ) ) ) ) ) ) )

Highlighted Activity for January 10-16, 2019

A F F I D A V I T. I, Kevin R. Hogg, being duly sworn, hereby declare and. 1. I am a Special Agent with the Federal Bureau of

SUPPLEMENTAL AFFIDAVIT IN SUPPORT OF PROBABLE CAUSE

Date: (Monday)

Case 9:13-mj JCL Document 1-1 Filed 09/09/13 Page 1 of 5 AFFIDAVIT IN SUPPORT OF COMPLAINT

NOT DESIGNATED FOR PUBLICATION. No. 117,058 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, GARY KENDALL RIVERA, Appellant.

ELLIOT ENOKI #1528 Acting United States Attorney District of Hawaii

Athens County Sheriff's Office W 13 Washington ST Athens, OH DAILY SHIFT/MEDIA REPORT. 10/23/2015 to 10/26/2015

State of Wyoming vs. Pat Parker

Highlighted Activity for August 30 September 5, 2018

Plaintiff-Petitioner. Defendants-Respondents.

Crime Prevention Bureau Evergreen Road, Southfield, Michigan (248) Chief of Police Eric Hawkins

Black Diamond Police Department Public Information Log

Brown Deer Police Weekly Recap

STATE OF WISCONSIN CIRCUIT COURT SHEBOYGAN COUNTY

A F F I D A V I T. I, Special Agent (SA) Craig M. Arnold, Federal Bureau of. Investigation, being duly sworn, state the following is true and

VILLAGE OF ALLEGANY POLICE DEPARTMENT CHIEF'S MONTHLY REPORT

Black Diamond Police Department Public Information Log

ORDINANCE NO WHEREAS, there was a need to emphasize that adequate screening is now required for parked recreational vehicles.

IN CIRCUIT/COUNTY COURT IN THE TENTH JUDICIAL CIRCUIT IN AND FOR POLK COUNTY, FL

02/28/11 06: WEST OUTER RD, HARRISONVILLE

Attorney for Derrek Skinner, Pedro Hernandez and Jeanne Walker IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION

02/18/13 08: MECHANIC, HARRISONVILLE

Erie County Sheriffs Office Media Release Summary

Highlighted Activity for August 23-29, 2018

Case 3:14-mj Document 1 Filed 03/05/14 Page 1 of 7 Page ID#: 1. UNITED STATES DISTRICT COURT for the District of Oregon ) ) ) ) ) ) ) Case No.

HardisonInk.com Inglis May 18 crash investigated by LCSO; Details are destined for future release

Case 1:17-mj MPK Document 1-1 Filed 08/30/17 Page 1 of 10

ATN: CRIMINAL COMPLAINT. The undersigned law enforcement officer of the Fond du Lac Police Department, being first duly sworn, states that:

07/30/12 00: TH ST, BELTON

GCSO LAW ENFORCEMENT SUMMARY

WILDLAND FIRE EVACUATION PLAN

February 2, Re: DOCKET REFERENCE NO

Jackie BRUNSWICK JUDICIAL CIRCUIT. Page 1 of 6. him from requiring. requiring. On June. crime of. My office. Facts.

TENT PERMIT APPLICATION AND CHECKLIST

Incident Log. 01/14/13 06:57 EB 2/HOLMES, CLEVELAND On Monday, January 14th, 2013, I investigated a non-traffic accident in rural Cleveland, Missouri.

Death of Liku Onesi following collision with a Police vehicle

02/27/12 09: MECHANIC, HARRISONVILLE

12/03/12 08:19 RAYMORE PD, RAYMORE

Police Department Vision/Mission Statement

BTR Checklist for Amusement Arcades

CRIMINAL COMPLAINT THE BELOW NAMED COMPLAINANT BEING DULY SWORN, ON INFORMATION AND BELIEF STATES THAT:

Deputy Gavin and Sgt. Peska responded to a residence in Antioch for a male with a Warrant. Upon arriving at the residence, the male was not located.

AIRPORT ACCESS PERMIT # FOR ON-DEMAND TAXICAB SERVICES AT MINETA SAN JOSE INTERNATIONAL AIRPORT BETWEEN AND THE CITY OF SAN JOSE

Deerfield Beach CRIME REPORT February 4-10, 2019

Deerfield Beach CRIME REPORT, February 5-11, 2018

Report and Findings of Special District Attorney concerning an Incident alleged to have occurred in the City of Schenectady on May 19, 2016

MIDDLETON POLICE DEPARTMENT MONTHLY REPORT

GCSO LAW ENFORCEMENT SUMMARY

City Council Report 915 I Street, 1 st Floor Sacramento, CA

First Precinct - Sector 111

March 4, Mr. H. Dale Hemmerdinger Chairman Metropolitan Transportation Authority 347 Madison Avenue New York, NY Re: Report 2007-F-31

LAW ENFORCEMENT EMPLOYEE-INVOLVED FATAL INCIDENT REPORT

Understanding Temporary Shelters for the Homeless

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VACAVILLE ADDING CHAPTER 9

Southeastern Louisiana University Daily Crime Log September 2017

Incidents from 12/21/ hrs to 12/24/ hrs

POLICE BLOTTER FOR JUNE 16-30, 2018

CBP/AILA Liaison Meeting Questions and Answers* Meeting February 18, 2010

City of Redding. Redding Police Facility. Enough study! Just do it!

Highlighted Activity for November 1 7, 2018 Petty Theft Injury Traffic Collisions Residential Burglary Injury Traffic Collision Shoplifting

Farmville Police Department Police Activity Log October 8 October 14, 2018 RESPONDED TO:

SUPERIOR COURT OF WASHINGTON FOR SNOHOMISH COUNTY

University of Southern California Department of Public Safety Daily Incident Log From 11/19/2012 To 11/20/2012

BEVERLY HILLS POLICE DEPARTMENT MONTHLY REPORT JUN 2016

File No WORLD TRADE CENTER TASK FORCE INTERVIEW SUPERVISING FIRE MARSHAL ROBERT BYRNES. Interview Date: November 14, 2001

HAWAI I POLICE DEPARTMENT

CIRCUIT COURT. Court Case No.: THE ABOVE NAMED COMPLAINING WITNESS BEING DULY SWORN, ON INFORMATION AND BELIEF STATES THAT:

New Castle County Police Department

FIRE DEPARTMENT MEMORANDUM

2018 Football Season Tailgate opens Monday, July 2, 2018.

HardisonInk.com Sheriffs share facts with Fanning Springs City Council

Brown Deer Police Weekly Recap

Annual Airline/Express Report

Incidents from 11/02/ hrs to 11/05/ hrs

Incident Log. 10/01/12 08: MECHANIC, HARRISONVILLE 10/01/ hours I served a Cass County Warrant at Cass County Jail.

Report Annual Report. Presented By: Chief Minor Allen. Prepared By: Major James East

IN THE HIGH COURT OF SWAZILAND

Incident Log. 10/03/11 19: MECHANIC, HARRISONVILLE On 10/03/2011 at approximately 1925 I served a Cass County warrant at the Cass County Jail.

December 4, Board of Trustees --- Proceedings by Authority

12/31/12 06: TH ST, HARRISONVILLE

An OLD MAN, dressed in a black suit, sits at a park bench feeding the birds. Before him is a street lined with parked cars.

KETCHIKAN POLICE DEPARTMENT

Call Number Time Call Reason Action

File No WORLD TRADE CENTER TASK FORCE INTERVIEW. Interview Date: December 18, 2001

City of Duncanville. Mayor and City Council. Kevin Hugman, City Manager. DATE: June 15, 2018

Transcription:

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 COURT, ZOIl FEB 17. 'I...-'",'jLC~L) 8'1 ~,_~...:::'~~ _ GALLA~Ucr~UNTY * * * * * STATE OF MONTANA, Plaintiff, vs. ROBERT MOCK, Case No.: AFFIDAVIT OF PROBABLE CAUSE AND MOTION FOR LEAVE TO FILE INFORMATION Defendant. 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 a report of investigation compiled by Detective Kristine Larsen of the Gallatin County Sheriff's Office, your affiant is aware of the following. 3. On December 13, at approximately 2:10 p.m., Detective Larsen responded to a report of a house fire at 216 Fir Street in Three Forks, Gallatin County, Montana. Detective Larsen learned from Wendell Ewan (Three Forks Fire Department ----,---"

Officer) that fire department personnel responded to the fire at approximately 12:50 p.m. When they arrived, they observed flames corning from the west side of the residence. They also saw flames corning from the pipe of a gas meter by the house. 4. Once the fire was extinguished, it was determined there was damage to the west wall of the residence and smoke damage throughout the residence. 5. Detective Larsen learned that Elizabeth Mock had been living at the 216 Fir Street residence and she was experiencing domestic problems with her estranged husband, Robert Mock, the defendant. 6. A temporary order of protection was issued on December 6, 2010, that indicated Robert Mock's residence was 2630 Madison Road, Three Forks, Montana. The order prohibited Robert Mock from having contact with Elizabeth Mock and required him to stay 300 feet away from her residence at 216 Fir Street, Three Forks, Montana. The order of protection was served on Robert Mock on December 6, 2010, by Deputy Jon Nelson of the Gallatin County Sheriff's Office and provided him notice of a court hearing to be held on December 14, 2010. Robert Mock failed to appear for the court hearing and a permanent order of protection was issued by the court. The permanent order also prohibited Robert Mock from having contact with Elizabeth Mock and required him to stay 2 --------~- -

300 feet away from her residence at 216 Fir Street, Three Forks, Montana. 7. Detective Larsen also discovered that Three Forks Police Officer Aaron Baczuk responded to a burglar alarm at the 216 Fir Street residence at approximately 1:08 a.m. on December 13, 2010. Officer Baczuk located a broken window on the west side of Elizabeth Mock's residence. Officer Baczuk located truck tire tracks in the snow in an alley adjacent to Elizabeth Mock's residence. He also observed footprints in the area that went along a west fence and to a patio door of the residence. Officer Baczuk noted it appeared from the footprints that a person had spent some time at the back sliding glass door of the residence. 8. Officer Baczuk spoke with Elizabeth Mock at approximately 10:00 a.m. on December 13, 2010. She indicated she believed Robert Mock was responsible for breaking the window. She believed he chose to break that window because it was in the room where she slept and he wanted to scare or hurt her. Elizabeth Mock indicated she left the residence she previously occupied with Robert Mock at 2630 Madison Road, Gallatin County, Montana, a few weeks earlier because she was afraid for her safety while around Robert Mock. Elizabeth Mock indicated she was going to move from the 216 Fir Street residence because she 3

believed the person who broke the window was Robert Mock and she was afraid to remain at the residence. 9. Officer Baczuk learned Robert Mock was staying at the 2630 Madison Road residence. Officer Baczuk went to the residence along with uniformed Three Forks Police Officer Cary Bradbury in a police vehicle. While they were traveling to the Madison Road residence, they were notified about the fire at 216 Fir Street. At about that same time, Officer Baczuk observed Robert Mock driving a vehicle from that area and towards the Madison Road residence where Robert Mock was believed to be staying. No one else was observed in the vehicle. Officer Baczuk initiated a traffic stop of the vehicle. However, the vehicle did not stop despite Officer Bradbury's activation of his patrol car's emergency lights and siren. Officer Baczuk noted the vehicle was a white 1990' s model Chevrolet pick-up truck. Officer Baczuk noted the truck accelerated and due to road conditions law enforcement officers were unable to get the truck stopped before it arrived at 2630 Madison Road. Officer Bradbury noted the driver of the truck was wearing a dark baseball type cap and what appeared to be a plaid shirt or jacket. Law enforcement officers observed a person who they believed to be Robert Mock outside the truck and moving around the residence and other out buildings near the residence. Law 4

enforcement officers attempted to make contact with anyone at the residence but were unsuccessful. 10. Montana motor vehicle registration records indicate that a white 1995 Chevrolet pick-up truck is registered to Elizabeth Mock and Robert Mock. 11. Detective Larsen learned from Three Forks Police Chief Troy Burdick that he spoke with Jason Noise on December 13, 2010 at approximately 2:42 p.m. Noise lives near the 216 Fir Street residence that was on fire. Noise indicated he observed a white Chevrolet or GMC 1990's model truck driving around the 216 Fir Street residence. Noise indicated the driver of the truck was a guy wearing blue jeans, a plaid jacket and ball cap. Noise noted the guy was looking around the residence on the side where the fire was burning before it started. Noise noted when he would look over at the guy, the guy would get into his truck and leave. Then the guy would come back to the residence and then leave again. He noted this happened numerous times, but he could not tell what the guy was doing. 12. Deputy Larsen examined the residence where the fire occurred and the area around the residence. She noted several points of origin for the fire located along the back of the residence. She also noted the main site appeared to be at the base of the gas meter at the west side of the residence. She 5

also noted the odor of an accelerant she believed was gasoline along the foundation of the residence. 13. On December 15, 2010, Detective Larsen conducted a search of the area at 2630 Madison Road pursuant to a search warrant. Detective Larsen located two gasoline containers in a shed close to where Robert Mock parked the white Chevrolet truck he was driving on December 13, 2010. She also located a Bic lighter and box of matches in the cab of the truck. Detective Larsen also examined the tires of the truck and noted the tires matched the tire tracks observed by Officer Baczuck at the 216 Fir Street residence during the early morning of December 13, 2010. 14. On December 16, 2010, Lonnie Larson, a private investigator for Travelers Insurance Company, examined the residence at 216 Fir Street. He noted the residence was a site built single story wood frame structure. His examination of the west wall of the structure revealed evidence consistent with the fire starting near the gas meter. He also noted that the burn pattern was consistent with the use of ignitable liquid, and he detected the odor of gasoline in the area. Based on his investigation, he concluded the fire was a set fire. 6

15. Based on the foregoing facts, the undersigned moves the Court to find that probable cause exists to file an Information charging the defendant with the crime (s) of: Count 1, Arson, a Felony, in violation of 45-6-103, MCAj Count 2, Stalking, a Felony, in violation of 45-5-220, MCAj and Count 3, Fleeing From or Eluding a Peace Officer, a Misdemeanor, in violation of 61-8-316, MCA. Dated this 11""" ~-r--~r--+-------' 2011. Eric N. Ki zmiller Deputy County Attorney Gallatin County, Montana SUBSCRIBED ~ IJ and SWORN to before 2011. me this day of NOTARY PU LIC OF MONTANA Residing at: Bozeman, Montana My commission expires: ------------- Christine Richards k}[elen F. Baldwi~ 7