Affidavit for Daniel Caban of Meriden.

FOR COURT USE ONLY

STATE OF CONNECTICUT SUPERIOR COURT VNM'.jud. state. ct. us

JD-CR-64b Rev. 10-04 C.G.S. § 54-2a Pr. Bk. Sec. 36-1 , 36-2, 36-3

SUPPORTING AFF IDAVITS SEALE

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AGENCY NAME

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AGENCY NO.

MERIDEN P.D. NAME AND RESIDENCE (ToVln) OF ACCUSED

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COURT TO BE HELD AT (Town)

DANIEL CABAN MERIDEN

G.A, I

NEW HAVEN

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APPLICATION FOR ARREST WARRANT 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

~ AFFIDAVIT BELOW,

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The undersigned affiant, being duly sworn, deposes and says:

1. The undersigned, Detective M. Etsner, being duly sworn, does depose and state that he is a membE of the Meriden Police Department. Furthermore, that I have been a member of said Department for approximately thirteen years prior to the date hereof, and at all timesmentionee-t-lerein--was-adingas-c member of said Department, and also the following facts and circumstances are stated from personal knowledge and observations as well as information received from brother officers acting .in their official capacity.

2. That on 10-06-2009 at approximately 1517 hours Meriden Fire Department personnel and Hunters Ambulance personnel were dispatched to 26 Gilbert Road r Meriden Connecticut for a medical call. UPOI arrival, there were v,f.JO maJes standing on the front porch and one was later identified as Daniel caban.

The other male pointed into the living room. The patient was located in the livi · room allone ~>n the couch. The patient was an unresponsive twenty three month old male child; .was transported to Midstate Medical Center, 435 Lewis Avenue, Meriden Con 1~1"I\"'U dead.

3. That this DeteCtive responded to Midstate Medical Center and lo'cated the child Victim and observec numerous bruises on hisbody. This Detective spoKe with Doctor Greene who had pronouncedthe chile Victim deceased after attempting life saving measures. Doctor Greene advised that the bruises on the child Victims body were at least one day old. The child Victim also had vomited dig:ested blood. Doctol Greene suspected child abuse and believed that the death was Ijlot from natural causes: /

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fiNDING . The forego ing Application for an arrest warrant, and affidavit(s) attached to said Application, having been submitted to anc considered by the undersigned, the undersigned finds from said affidavit(s) that there is-probable cause to believe that ' Em offense has been committed and that the accused committed itand, therefore, that probable cause exists for the issuance of a warrant for the arrest ofthe above-named accused.

DATE AND

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TRIAL REFEF

ARREST V'VARRANT AFFIDAVIT CONTINUATION PAGE JD·CR·64a Rev. 10-04 C.G.S. § 54·2a Pro Bk. See. 36·1, 36·2,36·3

INSTRUCTIONS:

The jurat is to be completed for each page of the affidavit.

The prosecutonaf official and judge/judge trial referee are to date and sign or initial each page to indicate that they have reviewed it.

NAME AND RESIDENCE (Town) OF ACCUSED

STATE OF CONNECTICL SUPERIOR COUF

COURT TO BE HELD AT (Town)

DANIEL CABAN, MERIDEN

G.A. N

NEW HAVEN

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AFFIDAVIT The undersigned affiant, being duly sworn, deposes and says:

4. That this Detective spoke with Daniel caban at \'1idstate, Medical Center. Daniel Caban had called S and reported the incident. Daniel Caban advised that he was the live in boyfriend of the child Victim's mother. Daniel Caban cared for the child Victim along with the child Victim's three siblings whil'e their mother worked. The child Victim's mother had not been home during this day because she was workin Daniel Caban agreed to come to the Meriden Police Department to further speak with detectives. Danit Caban was then driven to the Meriden Police Department by this Detective.

5. That this Detective read a voluntary interview form to Daniel Caban and he agreed to speak with detectives and initialed and signed the form. Daniel Caban gave a statement indicating that he had car for the child Victim on 10-06-2009. Daniel caban began detailing his time with the victim during the course of the day and stated that he was the only adult at home during the events leading up to callin~ 911 when the child Victim was not breathing. This Detective asked Daniel Caban about the bruising on the Child Victim. Daniel Caban stated that there was a bruise on the child Victims chest from playing w a broken broom handle on 10-05-2009. Daniel caban further stated that there was a small bruise on U child Victim's chin and arm from possibly falling out of bed in the early morning hours of 10-06-2009.

Daniel Caban denied any knowledge of any other bruises or injuries to the child Victim.

6. That on 10-07-2009, an autopsy was performed on the child Victim. This Detective was contacted the Office of the Chief Medical Examiner, who concluded that the cause of death of the child Victim wa~ blunt abdominal trauma. The manner of the child Victims death had been ruled a homicide. The autor report will not be available for a number of weeks.

7. That on 10-08-2009 this Detective and Detective Sgt. Walerysiak went to 26 Gilbert Road, Meriden Connecticut and located Daniel caban. Daniel caban was asked if he would be willing to further speak with this Detective at the Meriden Police Department and he .agreed. Daniel caban was then driven to Meriden Polige Department. This Detective read Daniel Caban a voluntary interview form which he initialed and signed. Daniel Caban denied the child Victim had been injured in any way while tn his can on 10-05-2009 or 10-06-2009 other then getting hurt playin·gwi.th the broken broom stick. Daniel Cab; also denied causing any bruises or other injuries to the ·child Victim.

B. That Detective Sgt. Walerysiak then spoke with Daniel Caban. After a while Daniel Caban stated

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10-05-2009 the child Victim had fallen down the stairs leading to the basement while Daniel Caban tolc him to run. After Det. Sgt.Walerysiak told Daniel Caban that that explanation did not match the medic examiner's finding, Daniel Caban then gave a different account upon further questioning. Daniel cabai (This is page DATE AND

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SIGNED (Affiant)

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SUBSCRIBED AND SWORN TO I3EFORE ME ON (Date)

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ARREST WARRANT AFFIDAVlT CONTINUATION PAGE JD·CR·64a Rev. 10·04 C.G.S. § 54·2a Pro Bk. See. 36·1 , 36·2,36·3

INSTRUCTIONS :

The jurat Is to b9 completed for each page of the affidavit.

The prosecutorial official end jUdgeljudge trial referee are to dale and sign or initial each page to indicate thet they have reviewed it.

NAME AND RESIDENCE (Town) OF ACCUSED

STATE OF CONNECTICU' SUPERIOR COUR

COURT TO BE HELD AT (Town)

DANIEL CABAN, MERIDEN

NEW HAVEN

G.A. NC

7

AFFIDAVIT The undersigned affiant, being duly sworn, deposes and says:

.8. (Cont). stated on 10-05-2009 he had washed the child Victim. The child Victim was at his own bed c Daniel Caban was dressing him when the child Victim vomited. Daniel caban admitted that he became upset over the vomiting and struck the child Victim in the head causing the child Victim to fly across the room. The child Victim's body struck a table and then fell on the floor onto toys. Daniel Caban then admitted grabbing the child Victim by the face and yelling at him over the vomiting. Daniel caban state he then picked the child Victim up and carried the child Victim into the bathroom to clean him. Daniel Caban stated he observed bruises on the child Victim's body and sent a text message to the child Victim mother asking about the bruises. Daniel Caban stated that the text message was sent in an attempt to cover up what had happened. Daniel Caban was then given a ride home at the end of the interview.

9. That upon arrival at Daniel caban's house, this Detective asked Daniel Caban if he would walk this Detective through what happened. Daniel Caban agreed and brought this Detective to the bedroom thE child Victim shared (with siblings. Daniel Caban showed this Detective a toddler bed where he stated thE child Victim had been standing when he (Caban) struck him in the head. He showed this Detective a I ilightstand and stated. that it was where the Child Victim's body had struck before falling onto toys that had been on the floor. Daniel Caban then pulled a bag from under the bunk beds in the room and sho~ this Detective the toys that had been on the floor.

10. Wherefore, the undersigned states he has probable cause to believe that said Daniel Caban did . commit the crime of Risk of Injury to Children in violation of 53':'21 (a) of the General Statutes, of the Stc of Connecticut.

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