David Diaz-Perez arrest warrant

ARREST WARRANT APPLICATION

For Court Use Only

STATE OF CONNECTICUT SUPERIOR COURT

JD-CR-64b Rev, 3-11 C.G.S. § 54-2a Pr. Bk, Sec. 36-1, 36-2, 36-3

Supporting Affidavits sealed

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www.jud.ct.gov

Police Case number

I148

IWallingford

2020-11341

IWallingford

Name (Last, First, Middle Initial)

Residence (Town) of accused

Diaz-Perez, David

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Yes

No

Agency number

Agency name

IMeriden

Court ID be held al (Town)

I

Geographical Area number

7

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 set forth in the: 1ZJ Affidavit Below.

A avit(s) Attached.

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Date

5//l'(?,O Affidavit The undersigned affiant, being duly sworn, deposes and says:

1. The undersigned, Detective Michael Friello, being duly sworn, does depose and state that he is a member of th_e Wallingford Police Department, and has been a member of said department for approximately (6) six years, and at all times mentioned herein was acting as a member of said department. The following facts and circumstances are stated from the personal knowledge and observations as well as information received from fellow officers in their personal capacities.

2. That on Saturday, April 25, 2020 at approxima~ely 1:15 PM, the Wallingford Police Department received a complaint of a missing person. Juana Perez-Diaz reported that her seventeen-year-old nephew, had gone missing from their Wallingford residence. Perez-Diaz stated that he was last seen at their residence on Thursday, April 23, 2020 ?tt approximately 8:3·0 PM, by a housemate they reside with. The initial investigation revealed thata■■aleft the residence without a sup ly of clothing, money, or other personal belongings. Perez-Diaz related that had changed his cellular telephone number from j his new number of on or around the day he went missing. It is believed he took the phone answering to the phone number of -■■■■-lwith him. Sh,~ related that moved from Guatemala to the United States approximately one year earlier. Fur°ther investigation revealed that J j h.ad very few friends or associates,. worked at a local diner and did not socialize outside of the family much.

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ff whereabouts, members of the 3. That during the course of the investigation into£ patrol unit and detective unit conducted interviews with his employer, family members .and friends. ■■■-lcellular telephone locations were also traced through an Exigent Circumstance request made to Metro PCS, however the new phone was non responsive based on having been turned off.

4. That on Sunday, May 03, 2020 at approximately 1:00 PM, two individuals were kayaking in the Quinnipiac River, west of the Wallingford Senior Center located at 238 Washington (This is page 1 of a 4 page Affidavit.)

Date

before me on (Date)

Jurat

Fi_nding The foregoing Application for an arrest warrant, and affidavit(s) attached to said Application, having been submitted to and considered by the undersigned, the undersigned finds from said affidavit(s) that there is probable cause to believe that an offense has been committed and that the accused committed it and, therefore, that probable cause exists for the issuance of a warrant for the arrest of the above-named accused.

ARREST WARRANT APPLICATION JD-CR-64a Rev. 3-11 C.G.S. § 54-2a Pr. Bk. Sec. 36-1, 36--2, 36-3

STATE OF CONNECTICUT SUPERIOR COURT www .jud.ct.gov

Name (Last, First, Middle Initial)

Residence (Town) of accused

Court to be held at (Town)

Diaz-Perez, David

Wallingford

Meriden

Geographical Area number

7

Affidavit - Continued Street Wallingford, Connecticut. While in the area, they stopped to rest and observed what was determined to be a deceased Hispanic male in an adjacent body of water later determined to be Community Lake. The male was partially submerged in the water and had what appeared to be a belt around his neck. Wallingford Police, EMS Personnel and a death investigator from Medical Examiner's Office responded to the scene to investigate.

5. That upon examining the body, the death investigator located what appeared to be multiple stab wounds on the head of the male. She believed that the manner of death could be a homicide and that the body was in its current location for less than 48 hours. The body had a white electric cord tied around its waist to a white garbage bag filled with an unknown substance that appeared to be used to submerge the body under the water. The Connecticut State Police Central District Major Crimes Onit responded to process the scene as it was believed that a criminal act had occurred. The body was later removed from the scene and brought to the medical examiner's office in Farmington, Connecticut for an autopsy.

6. That based on the male's description as well as photographs provided during the investigation, it was believed that the deceased male was.111■■■■1 Detective Sergeant Nowek, Detective Fraenza and Officer Gonzalez responded to Diaz-Perez's residence and met with her in the kitchen. Detective Fraenza provided Diaz-Perez with a photograph of the deceased male. She positively identified the deceased male as Nolvin Diaz.

7. That on May 4, 2020, an autopsy was conducted by the Office of the Chief Medical Examiner. The cause of death was certified as Blunt Injuries of Head, Sharp Force Injuries of Head and Neck, and Ligature Strangulation. The manner of death has been certified as Homicide.

8. That on May 11, 2020, in an attempt to gather further information into the death and disappearence of-■■- interviews of his roommates were conducted. These interviews consisted of his aunt, a female roommate, and his uncle David. During the interviews of the two female roommates, they reported past abnormal behavior of David prior to disappearence. One female reported David asking j how he wanted to die.

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9. That on May 11, 2020, Meriden Detective Sergeant Hector Cardona Jr. and I conducted an audio and visually recorded interview with David Diaz-Perez. I explained to David that he was here at the police department voluntarily. David said that ■■■-was his nephew and b resided with him, his sister, and a family friend. David said that he last saw on Thursday April 23rd at around 6:00 PM. David told me that he left to go to the walking tr.ail at Community Lake in Wallingford around 6: 00 PM and when he left the house, &was still there. David said that he came home around 9:00 or 10:00 PM on April 23, 2020 and did not know£ was not home. David said that was the last time he saw ■■■• He said on May 3, 2020,· he was at the laundromat and came home to hear the news a b o u t - being found dead.

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10. That I asked David what his phone number was and he told me that he had two cell phones in his possession. David told me that one of the cell phones he found on the walking trail at Community Lake and has been using it for about two months to watch videos. I (This is page Z of a 4 page Affidavit.)

Date

5 /1 t /').(;w

Signed (Affianl)

De.1.

ARREST WARRANT APPLICATION JD-CR-64a Rev. 3-11 C.G.S. § 54-2a Pr. Bk. Sec. 36-1, 36-2, 36-3

ST ATE OF CONNECTICUT SUPERIOR COURT www .jud.ct.gov

Name (Last, First, Middle Initial)

Residence (Town) of accused

Court to be held at (Town)

Geographical

Diaz-Perez, David

Wallingford

Meriden

Area number

7

Affidavit - Continued asked David if I can look through the phone and he said that I could. Upon observing this cell phone, it appeared that David was watching gay male pornography. When asked whether or not David was gay he said that he was not and hstrai ~ht s pornography on his personal cell phone in which he said his phone number was . I asked David if I could look at this cell phone. David said I could and provi e me with his password. On this cell phone, I observed gay male pornography and screenshots of Google Map images of a driveway of the old Choate Boat House which has 'since been torn down and was used to access t ~ t h a t - - w a s found in. I also found screenshots of the overview of the l a k e - w a s ~ n and news articles o f - - d e a t h . The images were -recently deleted and still able to be viewed in the d e l e ~ r .

11. That David continually denied any i n v o l v ~ n - death while speaking with me.

I asked David multiple times if he k i l l e d - and he said that he did not. At this point I left the room and Detective Sergeant Cardona proceeded with this interview in Spanish, David's primary language.

12. That during theil!t:'n · w with Detective Sergeant Cardona Jr., David said he was responsible for death. David stated that on Thursday April 23, 2020, he agreed to meet N - l v i Comm.unity Lake in Wallingford upon Nolvin's request. When they arrived, attacked David with a piece of wood. David stated that he picked up his own piece o wood, swung it and s t r u c k - - David stated that he continued to strike with a piece of wood until he w ~ n l e s s . David then left the area and ed home to 37 Meadow Street. David stated that w h e n - did not return home after several days, he returned to the scene with an extension cord and a plastic garbage ba that e brought from his residence. Upon returning to the scene, David discovered s still there and deceased. David proceeded to tie the extension cord aroun waist and attached the plastic bag, which he filled with dirt.

David said he then p u l l e d ~ e l t off of his b eloo - t secured it a r o u n d neck and dragged him to t ~ a v i d then dropped body into the lake and left the area. David agreed to show Detective Sergeant ar na Jr. the location where - w a s killed.

13. That on May 11, 2020, once David confessed to k i l l i n g - he was read his Miranda Rights by Detective Sergeant Cardona Jr. David i n i t i a l ~ i g n e d his waiver of rights and stated that he wanted a lawyer. David then stated he would still show us where· was killed. He was advised that since he asked for a lawyer we could not bring ere.

Detective Sergeant Cardona Jr. then re-issued the Miranda Rights to David to clarify since it was determined that David was under the impression a lawyer was going to show up immed-'atel. David again said he wanted a lawyer but still insisted on showing us where died. Approximately thirty minutes later, Detective· Sergeant Cardona Jr. sougli o clarify with David if he in fact wanted a lawyer. Detective Sergeant Cardona Jr. told David he could have a lawyer however, would not be able to talk any further or show us the location of where Nolvin was killed. At that point, David indicated that he did not want a lawyer at this time because he wanted to show the location where this occurred.

14. That on May 11, 2020, David showed Detective Sergeant Cardona Jr., members of the (This is page 3 of a 4 page Affidavit.)

Date

S/11/2-(71--0

ARREST WARRANT APPLICATION

STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov

JD-CR-64a Rev, 3-11 C.G.S, ยง 54-2a Pr. Blc. Sec, 36-1, 36-2, 36-3 Name (Last, Firs~ Middle Initial)

Residence (Town) of accused

Court to be held at (Town)

Diaz-Perez, David

Wallingford

Meriden

Geogr..phicai Area number

7

Affidavit - Continued Wallingford Detective.'vision, and members of the New Haven State's Attorney's Office the location of where was killed and then put in the water. David showed them the driveway of the old Choa e oat house which is consistent with the Google Map image on his cell phone. David entered the area from that driveway and circled the perimeter of the lake towards the area where the body was recovered. David showed them the location where-was killed on April 23, 2020 and then the area where he dragged the body into ~ r on May 2, 2020. This location is the exact location where the body was discovered on May 3, 2020.

15. Wherefore the undersigned, Detective Michael Friello *219 states he has probable cause to believe that said David Diaz-Perez (DOB 2/11/99), did commit the crime of Murder in violation of Connecticut General Statutes 53a- 54a in Wallingford on or about April 23, 2020.

(This is page 4 of a 4 page Affidavit.)

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