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AFFIDAVIT OF DETECTIVE SERGEANT BENJAMIN D. KATZ VERMONT STATE POLICE STATE OF VERMONT CASE#: 164105171 CHITTENDEN COUNTY, ss. Now comes Detective Sergeant Benjamin D. Katz, affiant, being duly sworn and on oath, deposes and says he has probable cause to believe that Steven D. Bourgoin (DOB 9/28/80) has committed the offense of 24 degree murder (five counts) in violation of Title 13 section 2301. ay i Summary $ Zap On Sunday October 9" 2016 at 0044 hours | was called out from my residence and ordered to respond to the Williston Barracks to assist with a motor vehicle crash on the interstate. | was advised the following information as it was known at the time. That a truck operating the wrong way on the interstate crashed into another vehicle and that there were multiple fatalities. | was advised that this crash occurred near mile marker 80.8 on Interstate 89 in the town of Williston, VT. Interstate 89 is a public highway as defined in Title 23. After the crash, the male operator of the truck, later identified as Steven D. Bourgoin (DOB 9/28/80), without the consent of the Williston Police Department, operated a marked cruiser by driving at a high rate of speed south on Interstate 89, whereupon he tumed around and began traveling north in the southbound lane at an extremely high rate of speed. Upon reaching the point of the primary crash, Bourgoin struck the truck which caused it to strike eight additional vehicles that had all stopped to render aid, Bourgoin was taken into custody at this point and transported to the UVM Medical Center with non-life threatening injuries. Incidents Interview with Adrianna Wheeler 4, On 10-10-2016 at about 1850 hours, Detective Trooper Richard Stepien met and interviewed an Adrianna Wheeler (DOB:11/13/1983) at the VSP-Williston Barracks, Wheeler provided a sworn written statement, as well as, provided a sworn verbal statement (audio recorded) to Det/Tpr Stepien. In summary, Wheeler stated that she was travelling on |-89 NB at approximately 2345 hours when she and her passenger (Kim Gamash) witnessed a vehicle on |-89 SB pull off to the breakdown lane and appeared to either stop or be in the median near MM 75. Wheeler advised that she slowed down thinking the vehicle might need some sort of assistance. However, as. Wheeler grew closer she observed the vehicle do a K-tum/3-point turn and appear to be heading north in the southbound lane of 189 SB. It should be noted that as the vehicle Page 1 of 12 was turning around, Wheeler believed there to only be 1 operator in the vehicle and believed the operator to be a male based upon her perception and the body's silhouette as her lights shined into the vehicle. Wheeler advised that the vehicle proceeded to travel north on I-89 SB at approximately 75-80 mph. Wheeler advised she was driving parallel on |-89 NB as the suspect's vehicle was travelling north on I-89 SB. At this time, Wheeler realized that this was an extremely dangerous act, and requested for Gamash to call 911 to report the negligent act. Wheeler made the comment to Gamash that they needed to call 911 because she felt like the suspect was going to end up killing someone based on their actions. Wheeler advised she continued to “follow” the vehicle past exit 11 and added that the vehicle was starting to pull away from her. Wheeler told me that the suspect's vehicle passed 3-4 oncoming vehicles on I-89, which all pulled off to the side of the road and were beeping their homs. Wheeler said that the suspect's vehicle did not brake once and then accelerated at an even higher rate of speed. After the rest area on |-89, Wheeler advised that she lost sight of the vehicle, Wheeler advised that she continued north on I-89 to her destination in Burlington, VT. Wheeler did not witness the accident. Wheeler-noted that the operator did not seem impaired as they remained in their lane (not swerving), and seemed to be on a mission for whatever they planned to do. Wheeler did not have any more information to add at this time and the interview was then concluded, Interview of Erin Farr 2. On October 11" 2016 Detective Trooper Jacob Metayer interviewed Erin Farr at the State Police Barracks in Williston. During this interview, Metayer took a sworn recorded statement in which Farr stated that following. At approximately 2345 hours she was traveling southbound on Interstate 89 when she observed headlights approaching in the southbound lane that appeared to be cresting French Hill. Farr explained that as the headlights approached she slowed and pulled into the breakdown fane. Farr stated that she thought the vehicle looked like a small SUV and observed it accelerating. Farr stated that the vehicle was, “hammering it.” Farr estimated the speed to be approximately 80 ~ 90 miles per hour and was traveling in the passing lane. As soon as the vehicle passed, Farr dialed 917. Farr observed the time of the call to be 2345 hours. Interview with Paul Swann 3. Upon arriving at the Williston Barracks | met with Detective Sergeant Matthew Denis and Detective Trooper Cari Crick and we began to take written statements from the numerous witnesses. Detective Crick later met with and obtained a sworn written statement from Paul Swann who was driving south on Interstate 89 when he came upon the primary crash. Swann, who is an Uber driver voluntarily turned over a dashboard camera from his vehicle. Upon viewing the footage, | observed Swann come upon the primary crash with the Tacoma in the passing lane. Moments later a police car accelerates rapidly southbound. Swann wrote in his sworn statement the following: grey Toyota Tacoma and tons of debris across the road. | came close to colliding with it since the truck was dark colored and had no lights on... | parked Page 2 of 12 at the side of the road past the accident and got out to try to help. | then noticed the other vehicle... a whitish sedan with its front completely caved in, [This vehicle was later identified as a Volkswagen Jetta.] There wasn't much left. It was on fire. It appeared that there had been a wrong way head on collision. A Williston police officer was the first responder and he jumped out of his Ford Explorer with an extinguisher to attempt to put out the flames. Unfortunately, he didn't have enough to put the fire out, Then he and | noticed that his cruiser was driving off. He started shouting ‘who's in my car, someone just stole my carl! The explorer left and began to accelerate down 89 south. A minute or two later a second Williston officer arrived in a charger and very quickly took off southbound after the stolen cruiser. Several minutes later the first officer began shouting frantically for everyone to get off the highway immediately. Moments later the explorer came back up the highway going north on 89 south. | would have to estimate he was doing 90 — 100 mph. He collided with the Tacoma that had been in the original crash at full speed. This through [sic] the cruiser sideways into a line of cars and people that had stopped next to the accident to help. ... Itwas terrifying and | had frozen up, having been almost hit myself by the stolen cruiser, Interview with Keith Porter 4, On October 10" 2016 at about 1102 hours, Detective Sergeant Tara Thomas and Detective Trooper Richard Stepien met with Keith Porter (DOB:05/21/1970) and his wife (Alice Spirito, DOB:07/03/1973) at their residence in Montpelier, VT. The interview was audio recorded for reference, Porter explained that he, Spirito, and their two. sons (Leaf-11yrs old and Sage-8 yrs old) were travelling on I-89 SB when they came upon the incident. Porter advised that Spirito was driving and they drove through some debris scattered across the roadway and observed there to be a pick- Up truck in the travel lane. This truck was later identified as a Toyota Tacoma. Porter advised the lights were all off on the truck and you could not even see it. Porter stated that his wife pulled up about 100 yards south of the crash and moved off to the side of the roadway with her hazard lights on. Porter advised that he jumped out of the vehicle and ran towards the crash to check on the occupant(s). Porter observed there to be another vehicle full of young females that were in their car calling/texting 911, Porter stated he was the only one outside walking around the crash scene, Porter advised that the first thing he did was turn on his flashlight on his cell phone and attempted to flag down oncoming traffic to prevent further injuries. 5. Once southbound traffic began stopping and activating their hazard lights, Porter then noticed a male standing near the Tacoma that had crashed. Porter approached him and observed that no one else was with the Tacoma. Porter reported the male told him, | don't know what happened...| just lost control. Porter was thinking that this was a ridiculous excuse, as Porter assumed there was a head-on collision [between the Tacoma and the Jetta] based on the damage and positioning of the Vehicles. Porter believed that this was @ head on collision between the Tacoma and Page 3 of 12 the Jetta, Porter described the male as being in his 30s with facial hair (more than facial scruff, but less than full beard), tan-like color Carhartt hoodie sweatshirt, and khaki shorts. Porter descried the man as acting very distraught as the male was shaking and seemed really nervous. In Porter's opinion, he felt like this male was the operator of the Tacoma involved in the crash. 6. Porter explained that he observed there to be another vehicle, later identified as a Volkswagen Jetta, involved that was off the roadway and now on fire. Porter advised he focused his attention again towards traffic and trying to help anyway he could. Porter said that he witnessed a police cruiser arrive on scene and the officer immediately went to the burning vehicle, identified as the Jetta with a fire extinguisher in an attempt to put the fire out. During this time, Porter noticed that the scene seemed to get darker and then witnessed that the same police cruiser was now leaving the scene, but the officer was stil out battling the fire. Porter had a feeling that something was wrong but continued with trying to assist the officer anyway he could. During Porter's interview on October 12", Porter commented that he believed that the male previously standing by the Tacoma stole the police car. 7. Porter advised that soon after that, he heard the police officer yelling for everyone to get off of the interstate and he relayed the message to any of the people that may have gotten out of their cars that were parked north of the crash. Porter advised that he was looking north when all of a sudden he heard a loud engine approaching and just as he looked back south, he heard a loud bang and he jumped off the roadway into the grass embankment. Porter advised that he was no more than 100 ft away from the truck when it was struck by the police cruiser. Porter recalled the shrapnel fiying by him and some hitting him in the leg. Porter advised that he laid on the ground for a few moments to collect his thoughts and realized that he was siill alive and in one piece. Porter advised that he got up and then ran back south to check on his family to make sure they were ok. Porter advised that he did not see anything further regarding the second incident and any events that followed. 8. Porter went to the hospital in Barre afterwards and was diagnosed with one broken toe, a laceration on his right ankle which required sutures, and numerous bruises, Interview. Officer Eric Shepard 9. Detective Trooper Stepien also interviewed Eric Shepard (DOB:04/04/1987) who provided a verbal sworn statement. Shepard advised that he first arrived on scene and immediately went over to attend to the victims and their vehicle which was engulfed in fiames. This vehicle was later identified as a Volkswagen Jetta. Shepard then noticed that his police cruiser began rolling away south on |-89SB. Shepard then observed someone to be operating his cruiser. Shepard gave some verbal commands, but the police cruiser then sped away southbound on I-89. Shepard radioed in to dispatch that his vehicle had been stolen, and then returned to assisting the victims. Moments later, Page 4 of 12 Shepard was advised that his police cruiser had turned around and was now coming back north on |-89SB at an estimated 100 mph. Shepard ordered all the civilians and first responders to clear off of the highway. Shepard then witnessed the police cruiser come over the hill at a high rate of speed travelling in the middle of the highway. ‘Shepard told me that the cruiser then struck the rear of the Toyota Tacoma at full speed, and then spun/crashed into several other vehicles that were on scene while coming to a position of rest. Shepard stated that he did not observe any type of deceleration or braking and in fact noted that the engine rpm's sounded as if they were running at max. Shepard witnessed a male eject from the driver's side who then rolled onto the highway. Shepard cleared his cruiser and then began yelling verbal commands to the male. Shepard advised that he had recognized the male from a prior experience (Shepard arrested the male in a prior domestic assault incident) and assisted with taking him into custody. Dispatch later confirmed the male as a Steven D. Bourgoin (DOB 9/28/80), which Shepard identified as the same male operating his police cruiser without consent, Shepard stated that he was 100% certain that Bourgoin was the operator of the police cruiser. Shepard mentioned that Bourgoin did not say anything, but made an attempt as if he was trying to flee the scene when medical personnel were evaluating him. Lastly Shepard advised that Bourgoin suffers from PTSD. This ended Shepard's involvement with the incident. Damage to Shepard's Williston police car totaled more than $500.00. Interview of Trooper Bradley Miller 10. | later spoke with Trooper Bradley Miller who advised that upon arriving on scene he ‘observed Officer Shepard to have Bourgoin at gun point. Shepard advised that Bourgoin was the person who stole the cruiser. Upon taking Bourgoin into custody, Miller advised that he asked him his name and Bourgoin stated his name was Steven Douglas. Miller later followed Bourgoin’s ambulance to the UVM Medical Center where Miller obtained Bourgoin's Vermont Operators License and US Passport which both identified the male as Steven Douglas Bourgoin (DOB 9/28/80). Interview of Sergeant Brian Claffy 41. On October 8" 2016 Sergeant Claffy advised that he was parked at the State Police Barracks in Williston, VT. He was dispatched to a, “wrong-way driver” on Interstate 89 with Officer Shepard. While enroute, he overheard Officer Shepard arrive on scene at a motor vehicle crash. Sgt Claffy then overheard Officer Shepard report that his cruiser was stolen and was traveling southbound on Interstate 89. Sgt Claffy arrived at the incident scene and continued southbound in an effort to stop the stolen cruiser. While headed south, Sgt Claffy overheard Richmond Officer Matthew Nadeau who was staged in a u-turn just north of exit 11 reporting that the stolen cruiser tumed around and was now traveling northbound in the southbound lane. Sgt Claffy pulled to the side of the road and witnessed the stolen cruiser traveling northbound at a high rate of speed. Sgt Claffy estimated the speed of the stolen cruiser to be approximately 120 miles per hour. Sgt Claffy immediately radio Officer Shepard that the stolen cruiser was heading in his direction at approximately 100 miles per hour. Page 5 of 12 12. After processing the primary incident, it was learned that five victims had perished as a result of the impact with the Tacoma. Four victims were removed from the Jetta by Detective Sergeant Matthew Denis. A fifth victim was ejected from the vehicle. The five victims are identified as the following: 4, Mary Harris (DOB 2/28/00) 2, Cyrus Zschau (DOB 11/5/99) 3. Liam Hale (DOB 5/9/00) 4, Janie Cozzi (DOB 11/2/00) 5. Eli Brookens (DOB 3/5/00) Allfive victims were traveling inside the Volkswagen Jetta at the time of impact with the Tacoma, All five victims were transported to the Office of the Chief Medical Examiner for autopsy. As of this writing four preliminary reports of autopsy have been generated. The preliminary cause of death of Mary Harris was determined to be visceral and vascular lacerations due to blunt force trauma of torso and head. The preliminary cause of death of Liam Hale was determined to be diffuse brain injury due to blunt force trauma of the head. The preliminary cause of death of Eli Brookens was determined to be skull fractures and brain injury due to blunt force trauma of head. The preliminary cause of death of Janie Cozzi was determined to be visceral and vascular lacerations due to blunt force trauma of torso and head. Subsequent Investigation Examination of Bourgoin’s vehicle and follow up 18. On Sunday October 9", | applied for and was granted a search warrant for Bourgoin’s residence and vehicle to include the data contained within the vehicle's airbag control module (ACM). On Monday October 10" the crash reconstruction team along with the crime scene team processed Bourgoin's vehicle. During the examination, Sergeant Owen Ballinger explained to me that he observed an indication that the webbing of the operator's seatbelt was stretched in a manner consistent with being used by an operator. Furthermore Sgt. Ballinger explained to me the position of the stretch mark on the belt indicated to him that it was worn by the operator at the time of the collision, as the belt was not retracted. Sgt. Ballinger successfully imaged the airbag control module with the Bosch Crash Data Retrieval (CDR) system. The CDR report indicated the safety belt status of the driver was “on’ and the front passenger status was “off”. The CDR report contained Pre-Crash data to include vehicle speed, accelerator pedal %, Engine RPM, service brake ON/OFF, as well as other data. The data was recorded in one half second intervals. The vehicle speed was reported at 78.9 mph 4.8 seconds prior to the airbag deployment. At this time, the accelerator pedal % was 100 Page 6 of 12 and engine RPM was at 4800. The vehicle's speed increased to a maximum recorded speed of 87 mph at sample time -2.3 and time -1.8. The engine RPMs increased to 5200 and the service brake was listed as being off. At time -1.3 seconds, vehicle speed was recorded as 83.9 mph, the accelerator pedal % is 0, the Engine RPMs are 4400 and the service brake is on. The vehicle slows, with the service brake listed as being on, to a speed of 75.8 mph at time 0. 14. The truck was also processed by the Vermont State Police Crime Scene Search Team. | later spoke with Sergeant Owen Ballinger who explained to me that the passenger side air bag in the 2012 Toyota Tacoma did not deploy. Based my experience with crash investigations this is indicative of there being no passenger in the front passenger seat at the time of the crash. Sergeant Ballinger further advised the CDR Report indicated the front passenger seat was not occupied. Additional findings show that the steering wheel (driver) air bag, and both the drivers and passengers side curtain air bags, and the driver side torso airbag all deployed. 15. On October 10, 2016, Det Lt Lance Burnham and | visited the medical intensive care unit at the University of Vermont Medical Center. While waiting at the nurse's station to speak with the Attending Physician, Bourgoin’s nurse indicated that Bourgoin had bruising caused by a seatbelt. The nurse motioned with her hand indicating the bruising was on Bourgoin’s left shoulder down to his right hip. This information is consistent with Bourgoin being in a vehicle involved in a significant crash and sitting on the operator's side. Det Lt Lance Burnham then witnessed the bruise to Bourgoin. Lt Burnham witnessed @ bruise on Bourgoin's left shoulder. The bruise was consistent in size of the width of a seat belt. Lt Burnham also witnessed bi-lateral injuries to Bourgoin's hips indicative to the lap portion of a seat belt. 16. On October 11" 2016 | applied for and was granted a search warrant to photograph Bourgoin’s left shoulder, torso, and hips. Detective Troopers Stepien and Cota went to the UVM Medical Center at approximately 1700 hours. Detective Trooper Cota subsequently photographed Bourgoin’s bruising which was consistent with wearing an operator's side shoulder and lap belt. 17. A sample of photographs of Bourgoin’s injuries were sent to Dr. Steven Shapiro, Chief Medical Examiner for the State of Vermont. Dr. Shapiro stated that Bourgoin’s injuries are consistent with seatbelt injuries. He further advised that the pattern of injuries are consistent with Bourgoin being seated on the operator's side of a vehicle. Examination of Williston Officer Shepard's Police Cruiser 18. Also on October 11" 2016 both the crash reconstruction team as well as the crime ‘scene search team examined the 2015 Ford Explorer Police Interceptor which belongs to the Williston Police Department. Sergeant Ballinger examined the airbag control module (ACM) on this vehicle as well. Sergeant Ballinger advised the driver safety belt status was listed as not buckled, The CDR report recorded Pre-Crash Data from § seconds prior to the airbag deployment, The data was recorded in half second Page 7 of 12 intervals. The data contained vehicle speed, accelerator pedal %, service brake ON/OFF, and Engine RPM, along with other information. The vehicle's speed was increasing from 95 mph (at time -5 seconds) to 107 mph (at time 0). The accelerator pedal % was 100% except for the last recorded data point when the accelerator pedal % was 95% (time 0). The engine RPMs increase from 5394 (at time -5) to 5916 (at time 0). The service brake is listed as being off throughout the event. Search of Bourgoin’s residence 18. During the course of the search of Bourgoin’s residence on Sunday October 10", numerous financial statements were observed by the Troopers searching the residence. Detective Trooper Jacob Metayer observed a notice of foreclosure on the residence, a notice from the gas department alerting Bourgoin to the fact that the gas would be tured off for lack of payment, numerous medical bills for laboratory and x-rays, and lastly legal paperwork regarding domestic and child custody issues. Lastly Metayer observed a notice from the homeowner's association detailing a lien that will be placed on the residence for nonpayment of association dues. Background Interview of Anila Lawrence 20. Detective Crick later spoke with Anila Lawrence who is Bourgoin's ex-girlfriend who he has a two-and-a-half-year-old daughter with. Lawrence explained how her relationship with Bourgoin changed after the birth of their daughter in Februray 2045. Lawrence described Bourgoin as being angry and having mood swings. In September 2014 Lawrence contacted the police while in Massachusetts to report a domestic assault. Bourgoin received probation and parole and was ordered to attend domestic Violence and anger management courses as a result of this incident. In October 2015 Lawrence and Bourgoin moved back to Vermont. During the month of May 2016 Lawrence reported another domestic disturbance to the Williston Police Department. Lawrence disclosed in a sworn written statement to Detective Crick that during the incident, Bourgoin told her to “get out of our house and take our daughter. He was pushing me and hitting me in the head.” While Lawrence was attempting to leave, Bourgoin entered her vehicle and began to drive her vehicle. Lawrence stated that he, “whipped out of the driveway" and was "grabbing at me and almost swerved off the road.” For the next hour, Lawrence stated that he drove through local roads in Essex, Williston, and South Burlington speeding and slamming on the brakes. Lawrence later stated that Bourgoin, “threatened to drive us all off into a pond.” Lastly, Bourgoin stated, “When he gets in his moods, he does not think clearly, and has no regard for those Page 8 of 12 around him, even loved ones. When Steven is in these moods, it is usually because he ran out of marijuana which he used to stabilize his mood swings. It was always very evident when he was out [of marijuana], as he would be more angry and violent during those times.” Lastly Lawrence stated that she and Bourgoin co-own a residence at 103 Madison Drive. This is the same address listed on his Vermont Operator's License. | should note that Bourgoin has pending domestic assault and unlawful restraint charges in Chittenden County 21. Detective Crick also asked Lawrence about the Tacoma involved in the primary crash. Lawrence explained the truck, which she identified as a brown Toyota Tacoma, was registered to her father, Joe! Najman (11/10/1944). She explained that Bourgoin previously worked at a Toyota dealership and leased the truck himself. She explained when the lease was up, they did not have the money to buy the truck so her father bought the title to the truck. Lawrence said while the truck was in her father’s name, it was Bourgoin’s truck; that he made payments and the insurance was in Bourgoin's name. She said she did not know of Bourgoin driving any other vehicle, Interview with Joel Najman 22. Detective Benjamin Patnode later spoke with Joel Najman, father of Bourgoin's ex- girlfriend, Lawrence. During this interview Patnode obtained a statement in which, Najman stated that he was a co-signer for the Tacoma and that he has never even sat in the truck. Najman stated that to his knowledge he was not aware of anyone else operating the vehicle other than Bourgoin. Interviews of Bourgoin’s co-workers 23. On October 11" 2016 Detective Trooper Patnode and Cota as well as Detective Sergeant Julie Scribner interviewed multiple former co-workers at the Champlain Chocolates warehouse in Williston. During these interviews it was learned that Bourgoin clocked out of work at 1204 hours on October 7". He was subsequently contacted by the site manager, identified as, Christine Fabian who stated that Bourgoin told her that he was sick to his stomach after lunch and that he was resigning due to the fact that he needed more money due to his situation. Fabian stated that earlier on Friday October 7, Bourgoin was acting strange and seemed really down. Fabian stated that recently, Bourgoin began parking his truck further from other employees and would be talking on his cellphone and pacing. Fabian also stated that from May 2016 through October 2016, Bourgoin missed a lot of work due to unknown medical issues. At this time Fabian advised that he worked for Champlain Chocolates for approximately one year. Lastly, Fabian advised that an unknown employee witnessed Bourgoin return from lunch but then abruptly leave the property operating his truck in an aggressive manner, never to return, Page 9 of 12 24, I later spoke with Detective Stepien who advised me of his interview with Alen Cosabic. Cosabic stated that he is a good friend of Bourgoin. Cosabic told Stepien that he last saw Bourgoin at lunch on Friday, October 7th, 2016. Cosabic stated that they had lunch at Five Guys in Burlington, VT. Cosabic advised that Bourgoin was really stressed out between work and his current divorce/child custody battle with his ex- girlfriend. Cosabic said that he had been speaking a lot to Bougoin about these issues because Bourgoin was always bringing them up. After lunch, Cosabic said that Bourgoin and him departed and went back to work. Later that evening (~2100 hours) Cosabic stated that Bourgoin randomly stopped by Cosabic's residence wanting to talk. Cosabic advised that Bourgoin spoke more about the issues of the child custody battle and then went into how that was effecting his work. Cosabic told Bourgoin that he needed to get to sleep because he had to travel the next day, but told Bourgoin that he was more than welcome to stay the'night and watch TV. Bourgoin advised he would be fine and then departed. Cosabic told me that he texted Bourgoin early morning Saturday advising that Bourgoin should have just stayed the night since he was up late, and advised this was the last time he heard from Bourgoin. Lastly, Cosabic told Stepien that Bourgoin was supposed to have a visitation with his child at some point Saturday morning October 8", but wasn't sure how the meeting went. Cosabic also mentioned that Bourgoin had lost his father to cancer about a year ago and knew that loss within Bourgoin’s family certainly took a toll on Bourgoin's well-being. Cosabic said that Bourgoin never made any suicidal comments (jokingly or not) and that Bourgoin never showed any signs indicating suicidal thoughts. UVM Medical Center Security Surveillance Footage 28. | learned that security guards observed Bourgoin visit the UVM Medical Center Emergency Room between the hours of 0849 and 1105 on October 8 2016. | later viewed video surveillance of the parking lot and entrance into the emergency room and observed Bourgoin on two separate occasions entering the emergency room. These times are identified as, 0845 — 0849hrs, 0939 — 1105 hrs. It should be noted that the surveillance video provided produced vantage points from two separate cameras, identified as cameras 10 and 16. In viewing Bourgoin | observed him to be wearing an orange colored sweatshirt similar to the one taken from his body after the crash. Lastly Bourgoin's Tacoma can be seen on camera 10 at 0845 hours to 0849 hours with his license plate clearly visible. 26. Detective Sergeant Mark Potter interviewed Chris Page who lives across the street from Bourgoin at 106 Madison Drive. Page advised in a swom recorded audio statement that Bourgoin is his neighbor who he has-known for a couple of years. Page explained that he believes that the accused separated from his wife around May 2016 as Page has not seen her around the residence. Page stated that he contacted the Vermont State Police Williston Barracks regarding information about Bourgoin related to the crash. Page continued that on October 8" at 1730 hours he returned home with his two year old son and observed Bourgoin’s Tacoma in Bourgoin’s driveway. Page Page 10 of 12 explained that he stayed home at his residence for the remainder of the night and specifically recalled hearing Bourgoin’s vehicle start and leave the residence at approximately 2330 hours. When questioned about how he knew the vehicle he heard was Bourgoin’s, Page stated that Bourgoin's truck has a distinct sound and explained that he can tell that truck from other vehicles. Page continued that he was in bed around 2330 hours and recalled hearing Bourgoin's vehicle leave the area. Page explained that he assumed that Bourgoin drove around the block and returned as he heard the truck drive around the block. Page continued that he got out of bed and looked out the window. At this point, Page observed Bourgoin exit his truck and enter Bourgoin's. residence. When asked about a clothing description, Page stated that he knew that the operator was Bourgoin but that he could not tell what he was wearing. Page explained that Bourgoin was inside his residence for a brief amount of time whereupon Bourgoin exited the residence and got back into his truck. Page described how Bourgoin, "backed out of his driveway aggressively.” When asked to describe aggressively, Page explained that it was something out of the ordinary and that he heard tires squealing and the acceleration of the vehicle. Potter asked if Page had ever witnessed Bourgoin drive in such a manner and Page said no. Page also explained that he has had previous conversations with Bourgoin relative to others operators aggressive driving habits within the area and Bourgoin expressed concern as wall. Lastly Page stated that he observed Bourgoin travel south on Madison drive and tum left in such a manner that Page thought the truck was going to, “flip.” Page concluded that he remembered thinking to himself that Bourgoin was either going to hurt himself or someone else. Page stated that he continued to hear Bourgoin's vehicle and that not soon after he heard the sounds of emergency sirens. Conclusion 27. The investigation determined that on October 8!" at 2345 hours, Steven D. Bourgoin was traveling southbound on Interstate 89 in his Toyota Tacoma when he stopped and turned his vehicle around near mile marker 76. Bourgoin then proceeded northbound in the southbound lane accelerating as he passed numerous vehicles, U-turns, and the Richmond exit. Bourgoin continued northbound until approximately mile marker 80.8 in ‘the town of Williston where his Tacoma collided with a Volkswagen Jetta that was occupied by five teenagers. All five occupants died as a result of the collision with the Tacoma. Bourgoin's Tacoma and the Jetta collided forcing the Jetta into the median where it became engulfed in flames. Bourgoin's Tacoma came to a position of uncontrolled rest in the passing lane. An individual wearing clothes that were similar to ones that Bourgoin had on when he was later identified, was encountered by a witness at the crash site by the Tacoma stating, | don’t know what happened. | just lost control. Upon police arrival on scene Bourgoin is witnessed moving towards a Williston police cruiser. Bourgoin then entered the cruiser without consent and began to operate it, traveling southbound on Interstate 89. Prior to reaching the Richmond exit, Bougoin Page 11 of 12 turned the vehicle around and began traveling northbound in the southbound lane. Bourgoin rapidly accelerates to a maximum speed of 107 miles per hour and collides with his Tacoma and numerous other vehicles causing injuries to others. Bourgoin was ejected and taken into custody by police and administered first aid. He was subsequently transported to the University of Vermont Medical Center for treatment. Based on the aforementioned facts and circumstances this Trooper believes that probable exists to charge Steven D. Bourgoin with five counts of second degree murder for the deaths of the victims in the Volkswagen Jetta ‘Subsoribed and sworn to before me on Thursday, October 13, 2016. (Benjamin D. Katz) Thursday, October 13, 2016 (Date) Page 12 of 12

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