. JD-CR-64b Rev. ""-08 STATE OF CONNECTICUT SUPERIOR COURT www.jud. ct.gov SupPorting Affidavits Sealed Oves DNo C.G.S. t4-2a Pr. Bk. Sec. 36-1, 36-2, 36-3 AGENCY NO. NAME AND RESIDENCE (TOOon) OF ACCUSED COURT TO BE HELD AT Litchfield, CT G.A NO. Toribio, Joan 330 Highland Ave. 5-C, Torrington, CT DOB: 1/21/1995 ------ --- - APPI::fCATIONfQR ARREST WARRANT- TO: A Judge of the Superior Court DATE AND SIGNATURE AFFIDAVIT The undersigned affiant, being duly sworn, deposes and says: 18 The undersigned, Detective Kevin Tieman 332, being duly sworn, does depose and state that I am a member of the Torrington Police Department and have been since 8/17/1998. At all times mentioned herein I was acting as a rri'ember of said department. The following facts and circumstances are stated from personal knowledge and observations as well as information received from other police officers acting in their official capacity and from official police reports and statements made by prudent and credible witnesses. That in order to comply with C.G.S 54-86 (e)+(d), all juvenile sexual assault victims names and associated identifiable information will be withheld in this affidavit for confidentiality purposes . 1) That on on Monday, February 11, 2013 at approximately 09:34 hours, Office Madelyn Farfan Nas detailed to a report of a past tense sexual assault complaint. That upon arrival, Officer Farfan spoke to the mother of a separate juvenile complainant, Parent \.Parent A gave a sworn written statement to Officer Farfan. In summary, Parent A stated the allowing; ')That Parent A stated that she was informed by her niece via text that A needed to talk tith her daughter, Juvenile A (age 13) about something that happened that previous (This is page_/_ ofa __!:}__ pageAffKiavit.) 1\TEANO >NATURE RAT SIGNED (Affiant) '-1,32.. FIN PING "he foregoing Application for an arrest warrant, and affidavit(s) attached to said Application, having been submitted to and considered by the ndersigned, the undersigned finds from said affidavit(s) that there is probable cause to believe that an offense has been committed and that the ccused committed it and, therefore, that probable cause exists for the issu n fa w or the arrest of the above-named accused. TEAND NATURE SIGNED AT (City or Town) j I /Z /frl ' ARREST WARRANT APPLICATION Rev. 4-08 C.G.S. 54-2a Pr. Bk. Sec. 36-1, 36-2, 36-3 NAME AND RESIDENCE (Town) OF ACCUSED STATE OF CONNECTICUT SUPERIOR COURT . www.jud.ct.gov Toribio, Joan 330 Highland Ave. 5-C, Torrington, CT
COURT TO BE HELD AT (!Town) GA. NO. Litchfield, CT 18 night/morning, 2/10/13. Parent A said it appeared that Juvenile A and a second Juvenile, Juvenile 8 (age 13), had snuck out of the and gone_to an apartment at 330 Highland Pyvrp. in Torrington where both girls had sexual intercourse with boys who were reportedly 18 years of age. 4) That Juvenile A's criminal investigation is being handled under police case# 13-6609. That this current affidavit refers to the victim, a 13 year old female, as Juvenile 8, to stay consistent with the reporting in :he two separate, yet connected investigations. 5) That upon learning that Juvenile 8 was a potential victim of a sexual assault, I made contact with the >arent of Juvenile 8 and Juvenile 8's sister. I then met with Parent 8, Juvenile 8 C in my office at the Torrington Police Department. It was then determined that a Joan Toribio age 18) had reportedly had sexual intercourse with Juvenile 8 on 2/10/13 at 330 Highland Ave. apt 5-C. ') That Juvenile B was then scheduled for a forensic interview after being first reluctant to speak about 1e sexual with one Joan Toribio (18 yr old male, pronounced "Juan") as Juvenile B stated, .. I ruined his life." ) That on 2116/13 I had interviewed Edgar Gonzalez reference case # 13-6609. During this interview, onzalez stated that Toribio and Juvenile B did have sexual intercourse on or about 2/10/13 at Toribio's Jartment at 330 Highland Ave. in Torrington. That in addition to this information, cell phone data that as extracted from Juvenile 8 and Juvenile A's I phones also spoke of sexual intercourse between 1venile 8 and Toribio on2/10/13. Based on this information, Toribio was then interviewed on 2/18/13 at )lice headquarters. That on 2/18/13 Toribio was interviewed in the youth office at the Torrington Police Department. This erview was both video and audio recorded. Toribio gave a sworn handwritten statement, and also a rom typed statement taken by this Detective. Toribio stated the following: n (2/18/13) I met with Detective Kevin Tieman at the Torrington Police Department. I understand that I is page d.- of a _3_ page Affidavit-) :AND
DATE z\z lIt'S SIGNED (Affiant) i t..RRESTWARRANT APPLICATION JD-CR-64b Rev. 4-Q8 :.G.S. 54-2a . ' =>r. Bk. Sec. 36-1, 36-2, 36-3 1/AME AND RESIDENCE (Town) OF ACCUSED STATE OF CONNECTICUT SUPERIOR COURT . www.jud.ct.gov Toribio, Joan 330 Highland Ave. 5-C, Torrington, CT ,--c ~ - - ---u --AFFIDAVIT --CONTINUED COURT TO BE HELD AT (town) G.A. NO. Litchfield, CT 18 am not under arrest and that I do not have to say anything about this case. I am choosing to speak to Det fieman as I want to make sure that the right information is obtained for the investigation." . 'On the weekend of the 81izzard.aroi.md 2/10/13 Juvenile 8, who I thought to be-14 years old, and Juvenile A, who is 13 years old, snuck out of Juvenile A's house and walked to my house at 330 ;ighland Ave 5-C. This was sometime around midnight. My friend Edgar was also at my house. Edgar, Juvenile A and I smoked pot that Edgar had provided. Edgar and Juvenile A also drank alcohol that they :ook from my mom. My mom was upstairs sleeping and didn't even know that we were there. Juvenile 8 iid not smoke pot or (drink) alcohol at my house. " 'At one point Juvenile 8 and I went upstairs. We then had vaginal sexual intercourse. We finished having vaginal sexual intercourse and we then texted to see if Juvenile A and Edgar were lone downstairs. We then went downstairs and the two girls went into the bathroom. Edgar and I talked nd told each other that we had sex with the girls. The girls. then came out of the bathroom . The girls then left." understand that Juvenile 8 is now 13 years old and that I was not allowed to have sexual intercourse rith her. One of my friends had warned me about this prior, but I did not listen to him. I am sorry for my ctions and this will not happen again." END OF STATEMENT 1) That on 2/20/13 Juvenile 8 participated in a forensic interview having been interviewed by Diane Edell t the Center for Youth and Families at 1091 East Main Street in Torrington CT. J) That Juvenile 8 spoke with Diane Edell at length about her actions with Toribio. Juvenile 8 stated that 1 the weekend of the blizzard, 2/10/13, her and her friend, Juvenile A, went to Toribio's apartment at 330 ighland Avein Torrington. Juvenile 8 stated that she did nofpartake in any drinking of alcohol or noking of marijuana. Juvenile 8 stated that she had both vaginal and oral sexual intercourse th Toribio in his bedroom at 330 Highland Ave 5-C. ;,isis page _3 ofa ~ p a g e Affidavit.) tAT . ' ' ARRESt WARRANT APPLICATION JD-CR-64b Rev. 4-08 (;.G.S. S4-2a . Pr. Bk. Sec. 36-1, 36-2, 36-3 NAME AND RESIDENCE (Town) OF ACCUSED STATE OF CONNECTICUT SUPERIOR COURT ' www.jud.ct.gov Toribio, Joan 330 Highland Ave. 5-C, Torrington, CT AFFIDAVIT CONTINUED _ COURT TO BE HELD AT (town) GA. NO. litchfield, CT 18 11) That Juvenile B was very clear to Edell that Juvenile B also discu_ssed the events of the evening on 2/10/13 in regard to the two qouples interactions with each other during this time. Juvenile B was also able to confirm actions committed by another 18 vear old having sexual intercourse with a different 13 year old , reference Case #13-6609. In Case# 13 -6609, the actor admitted to his sexual intercourse in a sworn written statement with Juvenile A. This :xmfirmation by Juvenile B in this forensic of Case #13-6609 , adds to her credibility of the overall nterview. Juvenile B was found by Edell and I to be clear, consistent, and truthful with her disclosures 1uring this forensic interview. Juvenile B did state that she understood that Toribio was 18 years at the ime of this intercourse 12) That in summary, Joan Toribio DOB 1/21/95, has been shown to have had sexual intercourse with luvenile 8, DOB /99, on or about 2/10/13 while he was approximately 5 years older than this juvenile emale. Toribio has admitted to this sexual intercourse and has also acknowledged that his actions were tgainst the law and that he had been warned by a friend not to have done this prior to the act being done. 1 addition, Toribio was also present and involved in the attempted/committed distribution of marijuana nd alcohol to Juvenile A and Juvenile 8 on 2/10/13. 3) That I, Detective Kevin L Tieman, respectfully request an arrest warrant be issued for one Joan oribio DOB 1/2111995 of 330 Highland Ave Apt 5-C Torrington CT. and that he be charged with the ,flowing violations of C.G.S: 3a-71 Sexual Assault 2nd Degree Jn or about 2/1 0/13 in the City of Torrington (a)(2) Risk of Injury to a Minor w/Sexual Contact )n or about 2/10/13 in the City of Torrington Risk of Injury to a Minor 1n or about 2/1 0/13 in the City of Torrington EAND A.TURE \T SIGNED (Affiant) \.C._ l-rl. ARRST WARRANT APPLICATION JD-CR-64b Rev. 4-08 STATE OF CONNECTICUT Supj:lorting Affidavits Sealed , C.G.S. 54-2a Pr. Bk. 36-1, 36-2, 36-3 Oves DNo www.jud.ct.gov SUPERIOR COURT NAME AND RESIDENCE (Town) OF ACCUSED COURT TO BE HELD AT Litchfield, CT G.ANO. Gonzalez, Edgar 330 Highland Ave. Apt 4-8, Torrington, CT 008: 10/21/1994 18 APPLICATJON FJJR ARRESLWARRANI TO: A Judge of the Superior Court The undersigned hereby applies for a warrant for the arrest of the above-named accused on the basis of the facts set forth in the : lvl AFFIDAVIT BELOW DATE AND SIGNATURE AFFIDAVIT rhe undersigned affiant, being duly sworn, deposes and says: rhe undersigned, Detective Kevin Tieman 332, being duly sworn, does depose and state that I am a member of the Torrington Police Department and have been since 8/17/1998. At all times mentioned herein I was acting as a member of said department. The following facts and circumstances are stated from personal knowledge and observations as well as information received from other police officers acting in their official capacity and from official police reports and statements made by prudent and credibfe witnesses. That in order to comply with C.G.S 54-86 (e)+(d), all juvenile sexual assault victims names and associated identifiable information will be withheld in this affidavit for confidentiality purposes . 1) That on on Monday, February 11, 2013 at approximately 09:34 hours, Officer Madelyn Farfan Nas detailed to a residence in Torrington for a report of a past tense sexual assault ;omplaint. That upon arrival, Officer Farfan spoke to the mother of this juvenile complainant, Parent A >a rent A gave a sworn written statement to Officer Farfan. In summary, Parent A stated the :>flowing; ) rhat Parent A stated that she was informed by her niece via text thatParent A needed to talk rith her daughter, juvenile A (age 13) about something thathappened that previous (This is page ___}_ of a page Affidavit.) \IEANO mATURE RAT DATE SUBSCRIBED AND SWORN T bd- \1 SIGNED (Affiant) BEFORE ME ON (Dale) !3 FINDING he foregoing Application for an arrest warrant, and affidavit(s) attached to said Application, having been submitted to and considered by the ndersigned, the undersigned finds from said affidavit(s) that there is probable cause to believ that an offense has been committed and that the committed it and, therefore, that probable cause exists for the issu r the arrest of the above-named accused. rE AND SIGNED AT (City or Town) Sl ltrzlfftcSLO ,j ARREST WARRANT APPLICATION JD-CR-64b Rev. 4-08 9.G.S. 54-2a Pr. Bk. Sec. 36-1, 36-3 NAME AND RESIDENCE (Town) OF ACCUSED STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov Gonzalez, Edgar 330 Highland Ave. Apt 4-B, Torrington, CT AFFIDAVIT C.ONIJNUED . .... - -- COURT TO BE HELD AT (!Town) GA NO. Litchfield, CT 18 night/morning, 2/10/13. Parent A said it appeared that Juvenile A had confided in Parent A's niece via computer that Juvenile A had performed oral sex: to a male later identified as Edgar Gonzalez, (age 18), and was later "forced" to have sex with Gonzalez. 4) That Parent A stated she confronted her daughter, Juvenile A, who then admitted to her that on Sunday, 02/10/13 at about 03:00a.m. Juvenile A snuck out of the house with a friend, Juvenile B (age 13), who was staying over for the night. Juvenile A and Juvenile B walked over to Joan Toribios's, (age 18), residence at 330 Highland Ave apt. 5C where Gonzalez was also hanging out. 5) That Juvenile A reported to Parent A that she went outside with Gonzalez and Toribio to smoke pot and it was her first time. Juvenile A told her mother, Parent A she drank alcohol with Gonzalez and at ::me point, Gonzalez told Juvenile A she needed a shot of alcohol. Gonzalez grabbed Juvenile A's head :>ack and poured it irito her mouth. Juvenile A told her mother she had agreed to perform oral sex on 3onzalez and she believes that he . Juvenile A said Gonzalez wanted to have ;ex with her and Juvenile A told Gonzalez no, but that he insisted that he would only
;} That Parent A sai uvenile A did not go into detail but said Gonzalez had sex with her anyway even 1ough e continued to say no. ent A said Juvenile A does not know if Gonzalez Strefefrufuzzy m the alcohol. - . Parent A said she placed the clothes Juvenile A was wearing the night of the incident 1 plastic zip lock bags. ) That Juvenile A did report to Hartford Hospital and a sexual assault examination kit was performed on :9f. This kit was retrieved and placed into evidence at the Torrington Police Department. ihat Juvenile A's cell phone, an !phone, was turned over to Torrington Police and a full consent to was obtained from Parent A due to the phone being in her name. Juvenile A, also agreed to allow police to look at it. That a child abuse forensic interview was scheduled for 2/14/13 at the Center for Youth and Families in trrrngtori Ct. . . f rhisispage ofa _:::>_ _page Affidavit.) VVAKKANI At'I"LivAIIUN JD-CR-94o Rev. 4-08 C.G.S. 54-2a Pr. 13k. Sec. 36-1 , 36-2, 36-3 NAME AND RESIDENCE (Town) OF ACCUSED STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov Gonzalez, Edgar 330 Highland Ave. Apt 4-B, Torrington, CT AFFIDAVIT - CONTINUED COURT TO BE HELD AT (town) GA. NO. Litchfield, CT 18 1 0) That on 2/14/13 Juvenile A met with forensic interviewer Diane Edell. Juvenile A came into the interview appearing confident and stable. In summary, Juvenile A began discussing the situation with Edell without hesitation. Juvenile A stated that she had vaginal sexual intercourse with an Edgar Gonzalez at the apartment of one Joan Toribio at 330 Highland Ave. in Torrington Ct.( Joan is a male with his name pronounced "juan") . Juvenile A stated that at one point Gonzalez had his hands on the back of her head . Juvenile A then stated that she was having sexual intercourse and at one point Gonzalez held her arm back behind her body. Juvenile A stated that she verbally told Gonzalez that she did not want to have sex, but as a result of the narijuana, alcohol and "entire situation" vaginal sex just happened anyway. 2) That on 2/16/13 I met with Edgar Gonzalez, age 18, of 330 Highland Ave 48, at police headquarters. voluntarily came to police headquarters and met with me in the youth office. This interview was oth video and audio recorded. Edgar gave both a sworn handwritten statement and also a sworn typed tatement taken by this Detective. The following is the typed statement: )n (2/16/13) I, Edgar Gonzalez, came to the Torrington Police Department on my own free will to )funtarily speak to Detective Tieman about my actions the weekend of the Blizzard. During that weekend :had) sexual intercourse with (Juvenile A) at Joan Toribio's house at 330 Highland Ave. During this time >an and a girl named (Juvenile B) were having sexual intercourse on the second floor of Joan's house. )th Joan and I knew that these girls were 13 years old and that due to our age being 18, we were not owed to have sex with them. At no time was my sexual intercourse with (Juvenile A) forced in any way. JVenile A) was a willing participant in both oral sex and vaginal sex that evening/morning. I did not force r in any way. At one point she did state " ... 1 don't know ... ! don't want to do this," and we then stopped ving vaginal intercQurse and I then . During that evening (Juvenile A) and I did toke marijuana and drank smirnoff vodka. 1 had the marijuana and the alcohol was from is page __;;!__ of a 'C page ':WE WARRANT APPLICATION JD-CR-64b Rev. 4-08 <;;.G.S. 54-2a Pr. Bk. Sec. 36-1, 36.-2:36-3 NAME AND RESIDENCE (Town) OF ACCUSED STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov Gonzalez, Edgar 330 Highland Ave. Apt4-B, Torrington, CT. AFFIDAVIT CONTINUED COURT TO BE HELD AT (town) G.A. NO. Litchfield, CT 18 -- .. ------ - -- . ---- ----- -- Joan's house. The alcohol was snuck from the mother, she had no knowledge that we had it. Joan also smoked the marijuana, but I did not see (Juvenile B) smoke. f am sorry for my actions and this will never happen again." END OF STATEMENT 13) That the recorded interview prior to this statement lasted approximately 1 hour. During this interview, Gonzalez and I talked at length about him having vaginal and oral sex with a girl he knew to be 13 years rJf age. Gonzalez appeared truthful during this interview and discussed the entire evenings accounts. Gonzalez's explanation of the events of 2/1 0/13 appeared consistent in regard to him having sexual 'ntercourse with Juvenile A when compared to the numerous disclosers by Juvenile A. Gonzalez denied my type of "force" 14) That a complete lphone download was conducted by Detective Todd Fador of the Torrington Police )epartment Detective Bureau. Det Fador has been properly trained and certified using the "cellbrite" :oftWare to conduct this download. At the completion of the download, I manually went through the rhona's many applications to include text messages and a twitter account. In atiidition to Juvenile A"s ,fione, I also had seized Juvenile B's phone and also Juvenile C's ceU phone. the three !phones, Det Fader downloaded over 20,000 files from these devices. Alllphone data as been secured as evidence. 5) That found on these devices, to include social media sites, were multiple conversations between JVenile A, Juvenile B and Juvenile C, and other Juveniles who are friends with these girls, all discussing 1e sexual intercourse between Juvenile A and Gonzalez. These conversations mainly occurred on '1 0/13 and 2/11/13. The conversations corroborate the fact that Juvenile A did in fact have sexual tercourse with Edgar Gonzalez on 2/10/13. These conversations also corroborate the delivering of arijuana and alcohol to Juvenile A on 2/10/13 by Gonzalez. I) That in summary, Edgar Gonzalez, age 18, did knowingly have both vaginal and oral sex with rvenile A, age 13, on or about 2/10/13 in the City of Torrington Ct. Gonzalez has admitted to this act in a 1eo recorded interview,-a sworn handwritten statement and typed statemenfto this Detective. In dition, it should be Qoted-that.Gonzalez is a senior in high school is in middle school. EAND ATURE DATE SIGNED (Affianl) \-::::>c- \..G I WWI'\O.n..t"\1 .. 1 nrr"'L..I\..#1'\ I IVI"t JD-CR-64b Rev. 4-08 " 54-2a Pr: Bk. Sec. 36-1, 3&-2. 36-3 NAME AND RESIDENCE (Town) OF ACCUSED STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov Gonzalez, Edgar 330 Highland Ave. Apt 4-B, Torrington, CT __ ___ AEEfDAVIT -CONTINUED ------------ COURT TO BE HELD AT (town) G.A. NO. Litchfield, CT 17) That Edgar Gonazlez, DOS 10/21/94 is currently released on bond for a pending Felony Robbery 1st/ Risk of Injury to a Minor case in Litchfield superior court. This arrest, date was 3/23/12. Gonzalez has pled not-guilty and is awaiting a trial by jury. 18) That I, Detective Kevin L. Tieman, respectfully request an arrest warrant be issued for one Edgar Gonzalez 10/21/94 of 330 Highland Ave Apt 4-B Torrington Ct., for the following violations of C.G.S: - 53a- 71 Sexual Assault 2nd Degree On or about 2/10/13 in the City of Torrington CT. -53-21 Risk of Injury to a Minor w/sexual contact )n or about 2/10/13 in the City of Torrington CT. 5321 Risk of Injury to a Minor )tr or about 2/10113 in the City of Torrington CT.
United States v. Tommy Eugene Walker, United States of America v. Willie Lee Harris, A/K/A Big Daddy, United States of America v. Edward Harold Saunders, Jr., United States of America v. Bryant Dubose, 66 F.3d 318, 4th Cir. (1995)