Affidavit for Richard Egidio

~~EST WARRANT APPLICATION

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

.~O •.CR-64b Rev. 10-04

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O.G.S. § &4-2a

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AGENCY NO.

AGENCY NAME

Southington Police Department

09·14606

NAME AND RESIDENCE (Town) OF ACCUSED

COURT TO BE HELD AT (Town)

G.A.NO.

EGIDIO, Richard· 20 Michael Drive, Southington CT

Bristol.

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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

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set forth in the:

AFFIDAVIT BELOW.

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AFFIDAVIT(S) ATIACHED.

(Prosecuting Authority)

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TYPE/PRINT NAME OF PROSEC..!JTlN~~~mI.QF.rr"­

It DEARSTYNE. SENioR Atitilti lAN I

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

1. The affiant, Detective Jay Suski, being duly sworn, does depose and state that I am a member of the Southington Police Department and have been a police officer for approximately eighteen (18) years prior to this date. At all time mentioned herein, 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 credible witnesses.

2. On 8/26/09, thiS affiant was assigned to investigate a larceny complaint involving Town of Southington employee, Richard "Jiggy" Egidio, who is the sti~erintendant of the Parks Department. Egidio has been employed by the Town of Southington for the past 23 years.

3. On 8/26/09 Mark Sciota, the Deputy Town Manager/Town Attorney for the Town of Sou thing tOll received information that Michael Smith, a mechanic for the Town of Southington Highway Department, observed Egidio on the property of the Highway Department loading concrete patio blocks into a Town vehicle Egidio was driving. On 8127/09, Mr. Sciota began an inquiry into the matter and contacted Michael Smith, who confirmed his observations of Egidio removing patio blocks from behind the Highway Department The patio blocks were described as being gray in color, approximately one and a half inches thick, eight inches wide and twelve inches long. Mr. Sciota then contacted the Superintendant of the Highway Department, Steven Wlodkowski, who confirmed the report given by Michael Smith. Mr. Sciota contacted the Foreman for the Parks Department, David Lapreay, and asked if the Parks Department had any ongoing or upcoming projects that involve concrete (This

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FINDING 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 accu DATE AND SIGNATURE

l REFEREE

,-AANT AFFIDAVIT INSTRUCTIONS: /K>N PAGE The jurat is to be completed for each page of the affidavit.

,I, 10-04

The prosecutorial official and judgeljudge trial referee are to 'date and sign or initial each page to indicate that they have reviewed it.

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STATE OF CONNECTICUT SUPERIOR COURT

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ME AND RESIDENCE (Town) OF ACCUSED

/ / EGIDIO, Richard路 20 Michael Drive, Southington CT

COURT TO BE HElD AT (Town)

G.A NO.

Bristol

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

patio blocks. Mr. Lepreay told Mr. Sciota he wasn't aware of any such projects requiring patio blocks. At this time Mr. Sciota traveled to the residence of Richard Egidio which is located at 20 Michael Drive to inquire further of what was reported to him. While at the Egidio residence, Mr. Sciota observed a stack of concrete patio blocks of the same description stacked in a backyard flower garden. Mr. Sciota knocked on the door but no one answered. Believing Egidio was involved in a theft of municipal property, Mr. Sciota contacted Southington Police Chief John Daly. The matter was discussed and it was decided a criminal complaint be filed and pursued.

Mr. Sciota provided a sworn statement of what he learned through his inquiry. It was also learned that Egidio removed these patio blocks on his last scheduled day of work before his vacation started on 8/27/09. Egidio's vacation request was approved by the Town Manager John Weischel at least two days prior.

4. After receiving this information, this affiant and Sergeant William Perry traveled to Egidio's residence to interview him on this matter. On 8/27/09 at 4:40 pm, I drove my police vehicle into the driveway and immediately observed, in plain view, 24 gray colored concrete patio blocks of the same description stacked in a backyard flower garden. I knocked on the door and rang the door bell, but no one answered. Numerous attempts were made to contact Egidio by his cell phone but all were unsuccessful. Having reason to believe these were the same items stolen from the Highway Department, all 24 concrete patio blocks were seized as evidence from Egidio's backyard flower garden and transporte&t~ police headquarters.

5. On 8/28/09, Sergeant Wilson and this affiant traveled to the Southington Highway Department and located the pallet of gray concrete patio blocks behind the Highway Garage. The patio blocks on this pallet were identical to the ones located in Egidio's backyard flower garden. ...

6. On 8/28/09 this affiant interviewed Michael Smith who provided a signed, sworn statement of what he observed on 8/25/09. According to Smith's statement, "This past Tuesday (8/25109) between 10-11 am, I was in the Highway Garage when I saw Jiggy Egidio, the Parks Department Superintendant, drive in the Highway Department in his town vehicle, a small green Ford Ranger. Jiggy drove around the back of the building and backed up the truck to a pallet of patio block. I saw Jiggy then load up a number of these patio blocks into the bed of the town vehicle. When he was done, Jiggy drove out of the Highway Department lot. Maybe a half hour later I saw Steve Wlodkowski in passing so I told him what I saw Jiggy doing and asked ifhe knew about it. Steve said he wasn't aware ofanything and that he would ask Jiggy about this later in the week.

7. On 8/28109 this affiant interviewed Steve Wlodkowski, the Superintendant of the Highway Department. He has held this position for the Town of Southington for the past 12 years. According to Wlodkowski's statement, "Earlier this week one of my mechanics, Mike'Smith, approached me and said he saw Jiggy Egidio, the Parks (This is page

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STATE OF CONNECTICUT SUPERIOR COURT

INSTRUCTIONS:

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

The prosecutorial offICial and judgetJudge trial referee are to date and sign or initial each page to indicate that they have reviewed it. .

E AND RESIDENCE (Town) OF ACCUSED

/ EGIDIO, Richard - 20 Michael Drive, Southington CT

COURT TO BE HELD AT (Town)

GANO.

Bristol

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AFFIDAVIT - CONTINUED

Department Superintendant, loading his town truck with patio block from a pallet behind our building. Mike asked me if I knew if he was doing this. I said do I wasn't aware and that Jiggy hadn't asked me for the blocks previously. I said I would talk to Jiggy later in the week about this. Mike said it was odd to see Jiggy doing this because he normally sends some of his workers up here to get supplies.

7a. Wlodkowski further stated, "It has been a common practice for other town departments to ask for supplies every now and then. However, any requests are always previously approved before any material is taken. Its usually just by word of mouth. In the past Jiggy has asked for material or supplies, but he has always asked first and has always sent up some of his workers to pick up. I have never known Jiggy to come up here and take things on his own." Wlodkowski stated the cost of each patio block was 75 cents, making the total value of the 24 patio blocks at $18.00.

8. On 8/28/09, Egidio was contacted by Captain William Palmieri and asked ifhe would come to the police station for an interview. Egidio immediately asked Captain Palmeiri, "Is this about the patio blocks?" He agreed to come to the police station and arrived at approximately 9:30 am. This affiant interviewed Egidio and obtained a signed, sworn statement from him. According to his statement, "On either Tuesday or Wednesday of this week I was working at the Parks Department where I am the Superintendant. I have ,worked for the town for the past 25 years. On this day I drove the town pickup truckJ't. the Highway Department on Mulberry Street. I was on my lunch break. I drove behind the Highway Department to a pallet of concrete blocks. The blocks are 6 inches by 16 inches. I put 24 of these blocks in the back of the town vehicle and drove away. With the concrete blocks in the back of the truck, I drove through Rec. Park and then to my house on Michael Drive. I took the concrete blocks out of the truck and placed them in a flower bed in my backyard. After dropping them offI went back to work."

8a. Egidio further stated, "My intent was not to steal the concrete blocks. I was going to lay these blocks down by the gate at the Dog Park on Mill Street. I kept the blocks at my house because I didn't want them stolen if I left them on Mill Street. The Dog Park is the Parks Department's responsibility. No one else knew about this project and I never told anyone at the Highway Department I was taking these concrete blocks. I would normally buy supplies such as this at Superior Products, but since the project is so small I decided to take them from the Highway Department.

9. On 8/28/09 this affiant interviewed the Parks Department Foreman, David LaPreay. LaPreay stated he wasn't aware of any Parks Department project involving laying concrete patio blocks at the Dog Park on Mill Street.

LaPreay further stated when supplies or material is needed from any other town department, it is normally authorized before any material is taken.

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

The prosecutorial official andjudge/judge tn'al referee are to date and sign or initial each page to indicate that they have reviewed it.

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STATE OF CONNECTICUT SUPERIOR COURT

COURT TO BE HELD AT (Town)

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Bristol

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AFFIDAVIT - CONTINUED

lO. On 9/3/09 at 8:00am, Egidio arrived at police headquarters at my request for another interview. Egidio was asked why he took the patio blocks without pri0r authorization by Highway Superintendant Steve Wlodkowski.

Egidio stated he made a mistake by not asking first. Egidio was asked why he didn't tell any other Parks Department or town employee of his project to place patio blocks at the Dog Park. He stated this was a small project he was going to undertake himself and that he considered doing this while on his scheduled vacation.

Egidio was asked why he took these patio blocks the day before his vacation and not when he was scheduled to go back to work. Egidio stated he didn't want to leave the patio blocks at the Dog Park for fear they would be stolen.

Egidio was asked why he stored the patio blocks in his backyatd flower garden and not anywhere else, either at the Parks Department or anywhere else on his property. He stated he placed the patio blocks there because he didn't want them to be in the way of a landscape contractor who was coming to his home to measure for a landscaping job.

11. Based upon all the facts and circumstances surround this investigation, this affiant has probable cause to believe the accused, Richard flJiggy" Egidio (date of birth: 10/9/38), did commit the following violation of the Connecticut General Statute within the Town of Southington on or about 8/25/09: Larceny in the Second Degree, 53a-123(a)(4). Therefore, it is requested an arrest warrant be issued.

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