IN THE JUSTICE COURT/CITY COURT IN AND FOR THE COUNTY OF GALLATIN, MONTANA ************************************************ THE STATE OF MONTANA County of Gallatin, CITY OF BELGRADE, Plaintiff, V. Cause No. AFFIDAVIT AND ORDER RE: PROBABLE CAUSE/COMPLAINT Stratton, Stuart John (06/24/63), Defendant,, l,.. C) c-..; The undersigned, being duly sworn, states as follo~~ :n (n,-- ~""') --l l> - --l r.-v ftl 0_ c..:> 0 1. I, Sergeant Dustin Lensing, am a sworn officer With the m no :.-n < Belgrade Police Department, City of Belgrade, located i~ ~l~ti~ County, Montana. ::J..J ::.:: --l I <Xl --< -~ CD 2. On August 29, 2013, the defendant was arrested for the charge(s) of: Robbery-Felony M.C.A 45-5-401 3. The undersigned believes that there is probable cause to charge the defendant with said charge(s) because: On August 29, 2013, your affiant was notified of a Robbery which had just occurred at Jackpot Casino, located at 6455 Jackrabbit Lane, Belgrade, MT. 1
Your affiant is aware that at approximately 2149 hours, Gallatin County Dispatch received a 911 call from a casino attendant, identified and hereafter referred to as D.M., reporting that a male, claiming to be armed with a weapon, had just robbed the casino and left with an undisclosed amount of cash currency. D.M. described the male as having long hair. She additionally advised dispatchers that he left the scene traveling, on foot, across Jackrabbit Lane to the parking lot of the Super 8 Motel. Your affiant is also aware that Belgrade Police Officer John Owens was in the immediate area at the time the incident was dispatched. Officer Owens spotted a white, 1993 Oldsmobile minivan, bearing Montana Registration 471309A, turning northbound on Jackrabbit Lane from the Super 8. Officer Owens observed that the male driver had long hair as described by dispatchers. Officer Owens followed the vehicle and conducted a felony traffic stop with the van in the parking lot of Lee and Dad's IGA. Officer Owens subsequently gave the white male driver, who was the sole occupant of the van, instructions to exit the vehicle and lay in a prone position on the pavement. During the course of these instructions, a large sum of cash currency fell from the male's jacket pocket and began blowing away in the wind. It should be noted that the male, later identified as Stuart John Stratton and hereafter referred to as the defendant. The defendant was taken into custody and transported to the Belgrade Police Department where your affiant conducted an interview with him however the defendant invoked his rights pursuant to Miranda and requested an attorney. Your affiant noted that the defendant, an adult white male, was wearing tan shorts, a blue plaid shirt, a plaid jacket, had near shoulder length brown hair, stood approximately 5'11" tall, was unshaven, and had a stocky build. 2
After concluding the attempted interview with the defendant, your affiant traveled to the Jackpot Casino where Belgrade Police Officer Jesse Stovall and Sergeant Dave Keen were standing by with D.M. Your affiant subsequently conducted an interview with D.M. in which she recalled the following details: D.M. observed an adult white male enter the casino through the east facing doors and approach the bar which she was tending. She continued by stating that the male placed his right hand into the lower front pocket of his jacket in such a manner which led her to believe that he was pointing a pistol at her. D.M. stated the male demanded she place money on his cash card and when D.M. questioned his intent, he demanded that she empty the cash from the till drawer and hand it over to him. D.M. complied and handed him a significant sum of cash which was consistent in both denominations and amount to that of the cash recovered from the defendant. D.M. went on to state that the male exited through the same doors in which he entered, and walked across the street to the Super 8 parking lot. D.M. advised that the male appeared to enter a vehicle which was parked in the motel parking lot, though she could not articulate what type of vehicle it was at that time. She further advised that she watched as the vehicle backed from its parking space, drove around the backside of the motel, and turned northbound onto Jackrabbit Lane from Juneau Street. At this time, D.M. was able to see that the vehicle was a white minivan with a "pointy" hood. D.M. stated that she provided this information to 911 dispatchers in real time and observed a Belgrade Police car immediately begin following the van as it turned north onto Jackrabbit. D.M. described the male suspect as standing approximately 5'10" tall, weighing in excess of 200 pounds with a stocky build, having long stringy brown hair, wearing a blue plaid jacket, shorts, and as being unshaven. 3
Based on the foregoing information, your affiant believes there is probable cause to charge the defendant, Stuart John Stratton, with the offense of Robbery, a felony, pursuant to Montana Code Annotated 45-5-401, to wit: commit the offense of theft by threatening to inflict bodily injury upon any person or purposely or knowingly putting any person in fear of immediate bodily injury. The Defendant was transported to the Gallatin County Detention Center and held without bond. Dated this 3(jday ofau~v,, 2013. Signature of SUBSCRIBED AND SWORN to before me th±s~day Of~/~SZ: ~_2013. DAVID E KEEN "I",h' "'''"/111 *,' ~""'-.I\O _ E ' '. ~ ~.", '-" Notary Public _~_?' ~.' 'OT''IA'~'" ~~for the State of Montana " : ~\ _._ l: ~ Residing at: ~"t>... SEAL,:~~ Belgrade, Montana?..3~... ;;...if;s My Commlss 0\1 Expires:»'Ii~" OF.l,,~" December i 7. 2015 "'IJL..I~,,~h\l 4
ORDER Upon reading the foregoing Affidavit: IT IS HEREBY ORDERED THAT probable cause is found to charge the above named defendant with the charges: IT IS HEREBY ORDERED that probable cause is not found to charge the above-named defendant with the following charges: DATED this day of~, 2013 at p.m. JUSTICE OF THE PEACE/CITY JUDGE 5