Vernon Road Fire Affidavit

L_ _ _ _ ___ _ _ _ _ _ __

ARREST WARRANT APPLICATION

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

JD-C R-64b Rev. 10-04 C.G .S . 搂 54-2a ProBk . Sec. 36- 1. 36-2. 36-3

AGENCY NO.

AGENCY NAME

Southington Police Department

2009-1721

NAME AND RESIDENCE (Town) OF ACCUSED

COURT TO BE HELD AT (Town)

GA NO.

POTREPKA, Andrew - 1275 Mount Vernon Road, Southington CT

Bristol

17

APPLICATION FOR ARREST WARRANT TO: A Judge of the Superior Court The undersigned hereby applies for a warrant for set forth in the :

,resi2f the above-named accused on the basis of the facts

~ . AFFI?AVIT BELOW.

~ ~FFIDAVIT(S) ATTACHED.

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DATE AND SIGNATURE

. 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. 路 On December 6, 2008 at 2:48 am, the Southington Police and Fire Departments were dispatched to 1188 Mount Vernon Road (an older style home and color white) on a car fire. Upon arrival by police and firefighters, a brown 2007 Nissan Altima (CT registration 380-WHC) was found fully engulfed in flames and parked dangerously close to the home. The occupants {)fthe home, Sherri Ouellette-Owen and her teenage son, Thomas McKay, were safely out of the home. The fire was extinguished by firefighters which placed them in substantial risk of bodily arm .. The 2007 Nissan Altima was completely destroyed by the fire. Further, due to the close proximity of the fire to the home, the flames and heat from the fire caused one of the home's windows to shatter.

Also, a portion of the home's siding and shutters started to melt. Ms. Oullette stated she parked her vehicle in the driveway at approximately 5:00 pm the evening prior; the vehicle had been parked and unoccupied for nine (9) hours. She suspected the fire was intentionally I it because a 12 pack of soda she had in the vehicle's trunk had been moved to the driver side floor. Ms. Ouellette stated the value of her vehicle at the time of the fire was $16,900.00. The value of other personal property destroyed in the fire was an additional $700.00. At the time of the incident, the origin and cause of the fire was unknown so no further investigation was conducted.

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DATE

SUBSCRIBED AND SWORN TO BEFORE ME ON (Date)

., Notary Public)

JURAT

The foregoing Application for an arrest warrant, and affidavit(s) attacli d 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.

DATE AND SIGNATURE

ARREST WARRANT AFFIDAVIT INSTRUCTIONS: CONTINUATION PAGE The jurat is to be completed for each page of the affidavit.

JD-CR-64a Rev. 10-04 C.G.S. 搂 54-2a Pro Bk. Sec. 36-1. 36-2. 36-3

STATE OF CONNECTICUT SUPERIOR COURT

The prosecutorial 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

COURT TO BE HELD AT (Town)

G.A. NO.

POTREPKA, Andrew -1275 Mount Vernon Road, Southington CT

Bristol

17

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

3. On January 24,2009 between the hours of 4: 17 am and 2:20 pm, the Southington Police Department received numerous reports of overnight vandal isms, vehicle break-in thefts and four car fires, which all occurred in a small . residential neighborhood in and around Mount Vernon Road, West Center Street Extension, Vernondale Drive and Vernondale Court. This neighbtlfhbpd is within walking distance to 1188 MougLY-ernon Road and the fires appeared similar to the one started": cit this property on December 6,.20'08. All ofthese recent incidents appeared to be committed by the saine person or group of persons. In all of these incidents police responded to investigate but 路'路 the persons responsible were not located. Further investigation by the members of the Southington Police Department Detective Division determined five (5) individuals were responsible, including Andrew Potrepka (dob: 1/28/1991) and Nicholas Scarpati (dob: 3/10/1991). Arrest warrants are pending for these two individuals at the time of the signing of this affidavit.

4. During the investigation of the above mentioned incidents, Andrew Potrepka and Nicholas Scarpati confessed and provided sworn statements to being responsible for starting the car fire at 1188 Mount Vernon Road on .

December 6,2008.

5. Lieutenant Shanley and I interviewed Andrew Potrepka on February 18,2009. A portion of his sworn statement reads, "... While we were talking, Detective Suski asked me about a car fire that happened December 6, 2008 in a driveway on Mt. Vernon Road. I lit this car on fire too. The car was parked in the driveway to a small white house with a for sale sign in the yard. I think a kid by the name of Tom McKay either lives or lived there at one point. I wasn't targeting him though. That night I was with Nick Scarpati and we were walking on Mt. Vernon Road. I first lit some bushes on fire with a lighter and a can of bug spray that we had found. Nick found some paper to use near a mailbox and he put it in the bushes so a fire would start. We then walked down the road and found the car in the driveway. It was gold and was a small sedan. Nick and I were going through the car.

Inside there was a bunch of paper which I lit in the front seat. A fire started burning. I popped the trunk and found some CDs and laundry detergent. I opened the detergent and poured it over the front seats. Nick found a cardboard case of soda and put it in the front seat. He also put a blanket or towel across the seats. Both Nick and I placed these things on the fire to keep it burning. We then took off towards my house. When I last saw the car it was pretty engulfed. We heard the sirens so we looked back from my house. There was a bunch of trees in the way, so we could only see the flashing lights from the fire engines and how high the fire got."

6. On February 23,2009 at 3:00 pm, Nicholas Scarpati came to police HQ for an interview. He admitted to being involved in the car fire at 1188 Mount Vernon Road. Scarpati provided a sworn statement which states the following, "... When I got home from school today my mom told me she spoke with Detective Suski about the case

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DATE AND SIGNATURE Notary Public)

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ARREST WARRANT AFFIDAVIT CONTINUATION PAGE JD-CR-64a Rev. 10-04 C.G.S. ยง 54-2a Pro Bk. Sec. 36-1, 36-2. 36-3

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

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

STATE OF CONNECTICUT SUPERIOR COURT

NAME AND RESIDENCE (Town) OF ACCUSED

COURT TO BE HELD AT (Town)

GANO.

POTREPKA, Andrew -1275 Mount Vernon Road, Southington CT

Bristol

17

AFFIDAVIT - CONTINUED

he was working on. He told my mom that he wanted to talk with me again. My mom said Detective Suski would be coming over tomorrow at 3:00 pm, but I wanted to handle the situation now. I didn't want to have to wait until tomorrow, so I called Detective Suski and then drove myself to the police station."

6a. He further stated, "When I arrive<;t~Mhe police station, Detective Suski told meh~';,ha;d talked with Andrew Potrepka about another car fire that happ~n~d in Southington a few houses down frorri;-khere he lives. I was with Andrew the night he started this fire. It was a night in December. I remember this because it was the night before UCONN played Pitt in college football. I slept over Andrew's house that night and the two of us went out in the night doing pranks. We moved some flags on houses, moved a yard bench from one house to another and moved some lawn ornaments around. We didn't go through any other cars or damage any property."

6b. Scarpati continued, "At one point during our walk around the neighborhood, Andrew stopped at a house where there were woods on the right side of the street going towards Andrew's house. I was across the street from him looking for a place to put the flag. Andrew asked me to give him a newspaper that was in a mailbox where I was. I removed the paper from the newspaper mailbox and tossed it to him. I was still on the other side of the road from Andrew. The next thing I see is some bushes on fire where Andrew was standing. He was just watching thefire. I then went over to him and asked him why he did that. Andrew didn't say anything. The fire went out relatively quickly, so we kept walking back towards Andrew's house on Mount Vernon Road. A car was coming, so we ducked out of sight. I walked down a lawn and lied down on my stomach, so no one could see me and I couldn't see where Andrew was. I was on the opposite side of the road from Andrew. I stayed down for a few minutes. When I got up I saw Andrew inside of a car in a driveway across the street. The house was old and white and had a short driveway with a slight incline. The car was small, like a four door sedan. I called Andrew and he poked his head out of the driver side door. He then walked toward me and we met more near me in the road. He looked back at the car and then at me and murmured something like, "It went out." Andrew then walked back to the car and opened the driver side door. I was right behind him questioning why he was doing this. He was in the glove box searching for something. He found either a napkin or stack of papers and started them on fire with a lighter he had. The papers or napkins were burning on the passenger seat. Then, there was a blanket on the seat already so that caught on fire too. At that point the fire was spreading rapidly, so I told Andrew we needed to get out of there. The fire from there just spread. Andrew told me he left the door open so there would be enough oxygen so the fire "could breathe". We both then went back across the street to where I ducked out of sight from the passing car. We are both belly down on the grass where I was previously. I was trying to ask Andrew why he did this. All he kept doing was staring at the fire burning. We walked back to Andrew's house and were in his basement before the fire department got there. We could see the fire from outside his basement and heard the sirens. Andrew started talking about some CDs he'd taken from this car. One of them was from the artist Santana. He said this was the same CD that was stolen from his mother's minivan a few months ago."

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ARREST WARRANT AFFIDAVIT CONTINUATION PAGE JD-CR-64a Rev. 10-04 C.GS ยง 54-2a Pro Bk. Sec. 36-1 , 36-2. 36-3

INSTRUCTIONS:

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

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

STATE OF CONNECTICUT SUPERIOR COURT

NAME AND RESIDENCE (Town) OF ACCUSED

COURT TO BE HELD AT (Town)

G.A. NO .

POTREPKA, Andrew - 1275 Mount Vernon Road, Southington CT

Bristol

17

AFFIDAVIT - CONTINUED

7. Based upon all the facts and circumstances surrounding this investigation, this affiant has probable cause to believe the accused, Andrew Potrepka (date of birth: 1128/1991), did commit the following violations of the Connecticut General Statutes within the Town of Southington on December 6,2008: Arson in the First Degree, 53a-lll; Conspiracy, 53a-48 (Arson in the.First Degree, 53a-lll); Burglary in the Third Degree, 53a-103; '-,jf;pnspiracy, 53a-48 (Burglary in the Third Dt:;w:e, 53a-l 03); Criminal Mischief in the First~.g~gree, 53a-115; . Conspiracy , 53a-48 (Criminal Mischief in the 'Pirst- Degree, 53a-115); Larceny in the Sixth Degree, 53a-125b; Conspiracy, 53a-48 (Larceny in the Sixth Degree, 53a-125b). Therefore, it is requested an arrest warrant be issued.

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SIGNED (Affiani)

j#I.I<iiP.:I~aq.t.~Hrli1t1J':"1",." Notary Public)

ARREST WARRANT APPLICATION

'.c路 FOR COlJ~T VSE. ~k~

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

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

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SUPPORTING AFFIDAVITS SEALED

DYES

AGENCY NAME

D

NO

AGENCY NO.

Southington Police Department

2009路1464

NAME AND RESIDENCE (Town) OF ACCUSED

COURT TO BE HELD AT (Town)

G.A.NO

POTREPKA, Andrew -1275 Mount Vernon Road, Southington CT

Bristol

17

APPLICATION FOR ARREST WARRANT TO: A Judge of the Superior Court The undersigned hereby applies for a warrant for t.

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set folth inthe:

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of the above-named accused on the basis of the facts

FFI AVIT BELOW.

DATE AND 路.

SIGNATURE

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 January 24, 2009 between the hours of 4: 17 am and 2:20 pm, the Southington Police Department received numerous reports of overnight vandal isms, vehicle break-in thefts and four car fires, which all occurred in a small residential neighborhood in and around Mount Vernon Road, West Center Street Extension, Vernondale Drive and Vernondale Court_ All of these incidents appeared to be committed by the same person or group of persons_ In all of these incidents police responded to investigate but the persons responsible were not located_ Further investigation by the members of the Southington Police Department Detective Division determined the following five (5) individuals were responsible: Andrew Potrepka (dob: 1I28/1991); Nicholas Scarpati (dob: 3/10/1991); ;. _and _ The owmg detail each incident and subsequent follow up investigation_ ~ 3_ On January 24, 2009 at 4: 17 am, Officer Cassada responded to 1045 West Center Street on a larceny from a motor vehicle in progress_ The complainant, Taylor Crofton, told police she was walking her boyfriend, Chandler Hartford, out to his car when she saw two people across the street and two people going through stuff inside Hartford's car that was parked in the driveway. Crofton turned the outside light on and her father, Kevin Crofton, (This is page

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DATE

SUBSCRIBED AND SWORN TO BEFORE ME ON (Date)

JURAT

" Notary Public)

3-/"l-d9

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.

DATE AND SIGNATURE

ARREST WARRANT AFFIDAVIT CONTINUATION PAGE JD-CR-64a Rev. 10-04 C.G.S. ยง 54-2a Pr. Bk. Sec. 36-1, 36-2, 36-3

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

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

STATE OF CONNECTICUT SUPERIOR COURT

NAME AND RESIDENCE (Town) OF ACCUSED

COURT TO BE HELD AT (Town)

GANO.

POTREPKA, Andrew - 1275 Mount Vernon Road, Southington CT

Bristol

17

AFFIDAVIT

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

yelled causing them all to run from the area. Hartford said nothing was missing from his 2002 Mitsubishi. Kevin Crofton said it appeared the suspects also went through his Honda but nothing was taken. Officers checked the ' area for the suspects with negative results. ~.~ '.

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4. At 4:30 am, Sergeant Dobratz was searching the area for sU5pec~~s and found several items placed across the ,~ , ,. roadway in the area of 117 Vemondale Drive. The items consisted of a decorative wrought iron snowman, two (2) wrought iron flower planters, a watering can and two (2) snow shovels. The homeowner at 117 Vemondale Drive, David Stackpole, confinned the items were his and also checked his vehicle that was parked in a temporary carport in his driveway. Nothing was missing but there was a tear in the carport material near the zipper.

5. At 6:30 am, Officer Lowery and members of the Southington Fire Department responded to 17 Vemondale Court on a fully engaged car fire with flames rising well above the height of the vehicle. The reporting person, Joyce Cichowski of 14 Vemondale Court, stated at about 6:45 am, she looked out her front window and saw a fire on the rear passenger side of her neighbor's car. She alerted her husband, Francis Cichowski, who ran across the street to notify the homeowner. The 2007 Subaru Legacy (CT registration FREYERJ), which is owned by Jeffrey Freyer, had been parked in the driveway approximately 35 feet away from the home. The vehicle's interior and exterior were completely destroyed by the fire, as was the Thule roof mounted carrier. The fire was extinguished by firefighters, who as a result were subjected to a substantial risk of bodily injury. As part of the investigative efforts, Detective Eddie Rodriguez from the Connecticut State Police, Office of the State Fire Marshal, responded to the scene to assist with the investigation to detennine the origin and cause of the fire. Based on the investigation by Detective Rodriguez and Southington Fire investigators (Southington Assistant Chief Russell Wisner, Captain Inspector Neil Cassarella and Inspector Harold Ballard) the origin of the fire was detennined to be the right rear passenger side of the Thule roof top carrier box that was mounted on the vehicle. This investigative team eliminated all natural/accidental possible ignition/heat sources that could have started the fire; that the vehicle fire was of human hands and intentionally set. According to the property owner, Jeffrey Fryer, the value of the vehicle and its contents which were destroyed by the fire are estimated at $23,902.75. There was also fire damage to the driveway and mailbox which cleaning and replacement was estimated at $4,027.38.

6. At 7:45 am while investigating the car fire complaint, Officer Lowery was approached by Heather McDonough of III Vemondale Drive who reported her vehicle was set on fire during the night. The 2001 Dodge Durango (CT registration 542-HVY) was parked in the driveway approximately five (5) feet from the home. The interior of the vehicle sustained heavy fire damage. As part of the investigative efforts, Detective Eddie Rodriguez from the Connecticut State Police Office of the State Fire Marshal, responded to the scene to assist with the investigation to detennine the origin and cause of the fire. Based on the investigation by Detective Rodriguez and Southington (This is page

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" Notary Pubfic)

ARREST WARRANT AFFIDAVIT CONTINUATION PAGE JD-CR-64a Rev. 10-04 C.G.S. ยง 54-2a Pro Bk. Sec. 36-1. 36-2 , 36-3

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

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

STATE OF CONNECTICUT SUPERIOR COURT

NAME AND RESIDENCE (Town) OF ACCUSED

COURT TO BE HELD AT (Town)

G.A. NO.

POTREPKA, Andrew -1275 Mount Vernon Road, Southington CT

Bristol

17

AFFIDAVIT - CONTINUED

Fire investigators (Southington Assistant Chief Russell Wisner, Captain Inspector Neil Cassarella and Inspector Harold Ballard) the origin of the fire was determined to be the rear passenger floor area, rear passenger seat and console. This investigative team eliminated all natural/accidental possible ignition and heat sources that could have started the fire; that the vehicle fire was of human hands and intentionally set. McDonough told Officer Lowery she parked her DUl'(1)lgo in the driveway on January 23, 2009 at 10,:00 pm . Officer noticed there were piles of snow inside the vehi'd e. Also, two (2) drinking glasses were takel" from a cardboard case from the vehicle's rear hatch area. These glasses were later found strewn about the neighborhood. According to the property owner, Heather McDonough, the value of the vehicle and its contents which were destroyed by the fire . are estimated at $10,000.00.

7. At 10:47 am while investigating the car fire complaints, Officer Lowery was approached by another person, Geraldine Boucher of 147 Vernondale Drive, who reported someone tried to start the inside of her car on fire during the night. While Boucher' s 2006 Chevrolet Malibu (CT registration EV-428) was parked in the driveway overnight, someone entered it and lit some newspaper on the front passenger seat. There was also a small bum mark on the steering column under the ignition. As part of the investigative efforts, Detective Eddie Rodriguez from the Connecticut State Police Office of the State Fire Marshal, responded to the scene to assist with the investigation to determine the origin and cause of the fire. Based on the investigation by Detective Rodriguez and Southington Fire investigators (Southington Assistant Chief Russell Wisner, Captain Inspector Neil Cassarella and Inspector Harold Ballard) the origin of the fire was determined to be sections of newspaper located on the front passenger seat and on the carpet floor area located on the driver side. This investigative team eliminated all natural/accidental possible ignition and heat sources that could have started the fire; that the vehicle fire was of human hands and intentionally set. Boucher also reported several unknown music CDs were taken and a Bluetooth type headset valued at $60.00. According to the property owner, Geraldine Boucher, the value of the vehicle and its contents which were destroyed by the fire are estimated at $500.00.

8. At 11 :07 am, Officer Lowery was advised of another attempt at a car fire at 1190 West Center Street. Don Hagstrom reported that sometime during the night, someone entered his 1997 GMC Sierra pickup truck, color green (CT registration 6C5172) and ignited his eyeglass cover which was in the center console. The eyeglass cover was burnt and the fire did not spread any further. As part of the investigative efforts, Detective Eddie Rodriguez from the Connecticut State Police Office of the State Fire Marshal, responded to the scene to assist with the investigation to determine the origin and cause of the fire. Based on the investigation by Detective Rodriguez and Southington Fire investigators (Southington Assistant Chief Russell Wisner, Captain Inspector Neil Cassarella and Inspector Harold Ballard), the origin of the fire was determined to be an eyeglass case located on the center storage area on the dash console. This investigative team eliminated all natural/accidental possible ignition and heat sources that could have started the fire; the vehicle fire was of human hands and intentionally (This is page

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ARREST WARRANT AFFIDAVIT .CONTINUATION PAGE JD-CR-64a Rev. 10-04 C.G.S. § 54-2a Pr. Bk. Sec 36-1, 36-2, 36-3

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

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

STATE OF CONNECTICUT SUPERIOR COURT

NAME AND RESIDENCE (Town) OF ACCUSED

COURT TO BE HELD AT (Town)

GA NO.

POTREPKA, Andrew - 1275 Mount Vernon Road, Southington CT

Bristol

H

AFFIDAVIT - CONTINUED

set. Hagstrom further reported that someone removed several cinder blocks from the bed of his truck and placed them across West Center Street. There was no damage to the vehicle.

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9. At 11:15am, Robert Dellavecchia of 10 Vernondale Drive reported that sometime during the night someone entered two vehicles that werepa[J~~d in his driveway and removed items. These: items were found in his yard.

Dellavecchia stated someone entered: his unlocked 2008 Ford Edge and removedxStyrofoam to-go container and · a pair of Steve Madden sunglasses.· Both items were found nearby the ,v·ehicle. Someone also entered his unlocked 1989 Chevrolet pickup truck and removed a plastic Gatorade bottle, a plastic quart bottle of motor oil and a bungee cord. All of these items were found in the snow a short distance from the pickup truck.

10. At II: 16 am, Gail Verderame of 1103 West Center Street reported her outdoor wooden bench/chair was found

in Robert Dellavecchia's driveway across the street at 10 Verderame Drive. The bench/chair was not damaged but

placed in a location where there was a danger to it being damaged. That morning, Dellavecchia saw the bench/

chair and knew it belonged to Verderame but was unsure how it got there.

II. At 1:35 pm, Officer Schneider was dispatched to 1093 West Center Street on a theft from a motor vehicle.

The victim, Lenora LaForge, learned of the vandal isms and thefts in the area so she checked her 2000 Chevrolet

Malibu that was parked and unlocked in her driveway. LaForge discovered a Comcast Digital Cable DVR box

and modem was stolen from the back seat. (On February 12,2009 at 8:43 am, the resident at 1085 West Center

Street, Maryann Adams, found a Motorola Dual Tuner DVR, an Arris cable modem and a pair of Swift 7x50

binoculars on her neighbor'S front lawn. Officer Wilk responded and recovered these items for identification.)

12. At I :36 pm , Officer Schneider responded to 1085 West Center Street on a report of a motor vehicle theft that

occurred overnight. The victim, Mark Adams, stated he went out to his 2006 Chevrolet Trailblazer and found the

glove box open. Someone had rummaged through the center console and a plastic cup filled with coins was left

on the driver seat. Adams stated nothing appeared missing from his vehicle.

13. At 2 :20 pm, Officer Vose responded to 24 Verderame Court on a larceny from a motor vehicle complaint. The

victim, Lewis Schassler, stated sometime overnight her two vehicles were entered and items were stolen.

Schassler's 2003 Ford Taurus was parked and unlocked in his driveway and a Kenwood Here-2-Everywhere

Satellite Radio was taken. A second Kenwood Here-2-Everywhere Satellite Radio was taken from his 2007

Dodge Caravan while it too was parked and unlocked in the driveway. The model number for both radios is KTC­

H2EC and the serial numbers are 003415586056 and 004478379912.

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ARREST WARRANT AFFIDAVIT CONTINUATION PAGE JD-CR-64a Rev. 10-04 C.GS. § 54-2a Pr. Bk. Sec. 36-1, 36-2, 36-3

INSTRUCTIONS:

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

The prosecutorial 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

POTREPKA, Andrew - 1275 Mount Vernon Road, Southington CT

STATE OF CONNECTICUT SUPERIOR COURT

COURT TO BE HELD AT (Town)

GA NO.

Bristol

17

AFFIDAVIT - CONTINUED

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14. That during the on-scene investigation, members of the Southington Police Department Patrol Division processed the incident scenes with photographs, sketch maps and collecting evidence. Several items of evidentiary value were located and seized within the area where the aforementioned incidents took place. Among the items seized were the following: one (1) pair of Steve Madden eyeglasses, one (1) white Styrofoam food container, 320z plastic Gatorade bottle, f1illstic quart bottle of Penzoil motor oil (all similar to those reported stolen

by Robert Dellavecchia as described in pai'agraph 9); two (2) clear drinking glasses (similarto those reported

stolen by Heather McDonough, as described in paragraph 6); two (2) Kenwood Satellite Radios, model KTC­

H2EC with serial numbers 003415586056 and 004478379912 (both radios positively identified as the ones

reported stolen by Lewis Schassler in paragraph 13).

15. The investigation was turned over to the Detective Division for follow up and this affiant was assigned all the cases. The following infonnation was obtained during the course of this affiant's investigation: On January 26, 2009, I spoke with Dean Boucher of 1191 Mt. Vernon Road. He stated over the weekend someone removed a flag from his property and placed it next door. Boucher further stated there were several footprints found that lead to his home. These footprints come up a wooded access road in the rear of his property. I traveled to this area and located the footprints Boucher was speaking of. These shoe impressions were similar as the ones located at the crime scenes. I followed these shoe impressions into the woods behind 1191 Mt. Vernon Road all the way to the neighborhood of Deerbrooke Circle. The shoe impressions were found to have originated entering the property of 73 Deerbrooke Circle. They continue to a shed at the rear of this property, enter the woods and end at 1191 Mt. Vernon Road.

16. A reward with the Connecticut Arson Tip-Hotline was set up and on 2/13/09, Lt. Michael Shanley and Detective Eddie Rodriguez of the Connecticut State Police Fire Marshal's Office, met with an individual who claimed to have knowledge of who committed the acts in this neighborhood. This individual, who wished to remain anonymous, provided details on the incidents that wo~ been known by investigators or persons involved. The anonymous person stated Andrew P o t r e p k a , _ and Nick Scarpati were the kids responsible for the acts of vandal isms, thefts and car fires. All are seniors at the Southington High School and play football together.

17. On February 17,2009 at approximately 12:30 pm, Lt. Shanley and I arrived at 65 Hidden Hills Drive, the home of Nicholas Scarpati. We were met by his mother, Beth Scarpati, who stated her son was not at home, but she phoned him and he arrived a few minutes later. During our interview with Nicholas Scarpati, he admitted being with a group of other .teenswho were responsible for the thefts, vandalisms and car fires. Nicholas Scarpati then provided a sworn statement to this affiant in the presence of his mother. According to Scarpati's statement, "A few weeks back I was with some friends; Andrew Potre]pkl• • • (This is page

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ARREST WARRANT AFFIDAVIT CONTINUATION PAGE JD-CR-64a Rev. 10-04 C.G.S. § 54-2a ProBk. Sec. 36-1. 36-2. 36-3

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

The prosecutorial 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

POTREPKA, Andrew -1275 Mount Vernon Road, Southington CT

STATE OF CONNECTICUT SUPERIOR COURT

COURT TO BE HELD AT (Town)

GANO.

Bristol

17

AFFIDAVIT - CONTINUED

. ..

We were all sleeping at Andrew Potrepka's house on Mt. Vernon Road. We were all hanging out in the basement playing video games. Sometime after midnight, some of us decided to go out. Andrew said he wanted an 'adventure'. It was me, Andrew,.an<Wlt: We took a left out of Andrew's house on Mt. Vernon Road. The '. first thing we did was switched flags on two houses. Actually, it was. who did this to a house on Mt. Vernon . . .Ift~ wl While we were walking around, AndreW-~fld'" started going into cars and takingtliings . • and I didfl ~ tJike what Andrew andD were doing, sO"'We just hung back and didn't get involved in thk Wejust stayed with them while walking aroulid the neighborhood. At one point while in a neighborhood; Andrew started a car on fire. I was standing in the streetwith-' and" There was a car on fire in a driveway and Andrew was jogging away from the car towards us. We asked Andrew what had just happened; did he start that car on fire? Andrew said yes. I started to panic and wanted to put the fire out, so me'" and. . . .went back to this car to try to put it out. Andrew was very mad that we were putting the fire out; he just stood in the road and didn't help us. I remember the car was an SUV and possibly a Dodge Durango. It was dark color. I believe we put the fire out with snow. I was very unfamiliar with the neighborhood; I think it was a big loop. Andrew wanted to start more fires; but the rest of us just wanted to go back to his house. Andrew kept going into more cars. At one of the houses, someone came out and started [yelling at] us. He yelled at us so we took off running and ended up back at Andrew' s house.

18. On February 17,2009 at approximately 4:00 pm, Lieutenant Shanley and I arrived at the home of & S . We were met by his mother, who stated her son was not at home, but she phoned him and he arrived a few minutes later. During our interview with • ; he admitted being with the group of other teens who were responsible for the thefts, vandal isms and car fires. then provided a sworn statement to this affiant in the presence of his mother. According tc Ss statement, "About three weeks ago 1 was hanging Qut with my friend, Andrew Potrepka, at his house. 1 was with some other friends as well; Nick Scarpati, and It was a weekend night and we were all sleeping at Andrew's house that night. Andrew lives on Mt. Vernon Road. Sometime after midnight, close to 2:00 am, all of us went out for a walk because we were bored. We took a left out of his house. At this house on Mt. Vernon Road, I took a flag off a tree and moved it to a snow bank. (I remember that was also at Andrew's house, but he stayed and didn't go out with us.) We all then walked down West Center to the Vernondale Drive area. While on Vernondale Drive, Andrew,~and_started going into cars. They weren't stealing anything, but would remove items and throw them around the neighborhood . I never went into any of these cars. I might have opened a car door to see if it was locked, but never actually went inside. 1 remember opening the door to a Subaru and saw a Bluetooth headset, but didn't take it. At one point Andrew went off by himself. I saw Andrew about a hundred feet away from me. He Was inside the driver side door to a mid-size SUV that was parked in the driveway. A few seconds later 1 saw flames inside this SUV and Andrew was running back towards us. • Q and I were shocked that Andrew started a car on fire. All of us then ran to the car to try to put the fire out.

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DATE AND SIGNATURE ., Notary Public)

ARREST WARRANT AFFIDAVIT CONTINUATION PAGE JD-CR-64a Rev. 10-04 C.G .S. § 54-2a Pr. Bk. Sec 36-1, 36-2 , 36-3

INSTRUCTIONS:

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

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

STATE OF CONNECTICUT SUPERIOR COURT

NAME AND RESIDENCE (Town) OF ACCUSED

COURT TO BE HELD AT (Town)

GA NO

POTREPKA, Andrew - 1275 Mount Vernon Road, Southington CT

Bristol

17

AFFIDAVIT - CONTINUED

a•

I was shoving handfuls of snow on the fire . was helping me and all the others joined too. We were able to put the fire out, but it took a lot of snow. Before this fire, Andrew started another fire inside a car. This fire was much smaller. Andrew was leaning in the' driv~ side door and I remember seeing flames from inside. Andrew closed the door and the fire went out. I don't remember what kind of~afiit was, but it was still in the Vernondale Drive ~at..~,l We continued walking around and ended,tlip':JU.t.another house where a Mitsubishi was pa[!~e&in the drivewaY; ,'someofthe guys were going through the three.;parked cars while I stood in the driveway. Aguyeame . out of the house and startled us so we took off and went back to Andrew's house."

a;

19. On February 17,2009 at approximately 6:00 pm, Lieutenant Shanley and I arrived at 1 the home of • We were met by 7 smother, Kathy_ who advised her son to cooperate with the investigation. During our interview with _ he admitted being with the group of other teens who were responsible for the thefts, vandal isms and car fires. ~hen provided a sworn statement to this statement, "A couple of weeks ago on a Friday night affiant in the presence of his mother. According t o ' I stayed overnight at my neighbor Andrew Potrepka's house. There were a few other of our friends that also stayed over the house that night. They were Nick Scarpati and . . . . . .

Someone had brought beer over to Andrew's house. While we hung out in the cellar, some of the guys present did drink some of the beer. At some point after midnight, Andrew Potrepka decided he wanted to go out. At that a n d . Kenny stayed point I left Andrew's house along with Andrew, behind at Andrew's house. We walked down Mt. Vernon Road towards the ski area. We then walked up West Center Street Extension and onto Vernondale Drive. While we were in this area we did some prank stuff by switching some flags around. At one point all five of us took some blocks out of the back of a pickup truck and placed them across the road. We also took some of these blocks from a pile that was stacked next to this truck.

During the course of this night, I did open up the door to one car and looked inside of it. I did not take anything out of this car and I don't remember what type of car it was. As we were walking down the road that night, I was with UR n d - . Andrew Potrepka got a bit separated from us as he was going through different cars. At one point I saw Andrew Potrepka inside of a car on Vernondale Drive. As Andrew began to walk away from this car I saw what appeared to be a fire inside of this car.~nd I had words with Andrew as he walked back towards us about the fire in this car. _and I then went up to this car; actually it was a smaller SUV. We opened the door and began to throw snow into. this SUV and onto the fire until it was out. Shortly after this as we continued to walk Andrew was going through a car parked in a driveway on West Center Extension. As he was going through this car I was standing in the roadway. Some guy came out of a house and yelled something to us. At this point we began to head back to Andrew Potrepka's house. As we were walking, we did see the police from a distance away. To my knowledge none of the other guys or myself took anything out of a car and kept it. Andrew told me that he had lit a box of tissue that he found inside of the car and that was what caused the fire."

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~""'~~-fh...l>IJP.-'~, Notary PubliC)

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ARREST WARRANT AFFIDAVIT CONTINUATION PAGE · JD-CR-64a Rev. 10-04 C.G.S. § 54-2a Pr. Bk. Sec. 36-1, 36-2, 36-3

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

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

STATE OF CONNECTICUT SUPERIOR COURT

NAME AND RESIDENCE (Town) OF ACCUSED

COURT TO BE HELD AT (Town)

GANO

POTREPKA, Andrew" 1275 Mount Vernon Road, Southington CT

Bristol

17

AFFIDAVIT - CONTINUED

20. On February 18,2009 at II :40 am, Lieutenant Shanley and I arrived at 1275 Mount Vernon Road, the home of Andrew Potrepka. He was advised of the ongoing investigation and stated he would cooperate. He was asked to come to the police station to give a statement. Andrew stated he didn't have a car or a ride. Lieutenant Shanley and I offered to drive him to the police station and then drive him home. He was told he wasn't under arrest and that his coopetlfi'tiot;1 and statement was voluntary. He agreed~nd, understood. Potrepka was seated in thefrCiJrt,·,.,· seat of Lieutenant ~hanJey's unmarked police vehicle and he wasdtiven to police headquarters. He was broughf'h'-" into .the Detective Division interview room. He was asked if he wanted anything to drink. Andrew asked for water and he was given two cups. During the interview, Andrew was given bathroom and water breaks.

According to his statement, "About three or so weeks ago, I was hanging out at my house with several friends. , Nick Scarpati, a n d _ . Some of them There was me~ were going to sleep over in my basement and my parents were in bed. It was pretty late, maybe arouncl3:30am or . so. We had been drinking beer that we bought from a package store in Hartford where they don't card. Most of us had gone out before. We would do prank stuff and go through cars in the neighborhood. We had done this on Mt. · Vernon Road and also in the Deerbrooke Circle neighborhood. Some of the things we would do were minor. We put a trampoline in the middle of the road; we moved an inflatable turkey during Thanksgiving time. It was this sort of funny stuff; nothing harmful. After a few times we went out it got more serious. We started going through cars and taking things, I wasn't into stealing anything of value, but I have taken spare change and lottery tickets before. My other friends would look for GPS units or things they could sell.

20a. Andrew Potrepka continued, "On the night of the fires it was me, _ ,. .~ an~. We took a left out of my house and then walked down West Center Street Extension. The first thing I remember was seeing a , . and I took out some of the green truck on West Center Street with concrete blocks in the bed . • concrete blocks and placed them across West Center Street. I went into this green truck and found a lighter. I used this Iighter to light something that was in the console of the truck. A little flame started and I thought it would be funny if the owner saw smoke in his car when he went out to his truck in the morning. The flame went out and we all moved on. There was another car across the street parked in a driveway on the comer of West Center Street and Vernondale Drive . It was a Chevrolet Malibu. I went into this car and remember seeing a coffee cup and a newspaper. Detective Suski showed me some pictures of this car and I remember it. I must have started a fire in this car because no one else was starting fires, but I don't have a specific recollection of this one."

20b. He further stated, "Next, we turned down Vernondale Drive and I saw a Dodge Durango. Some of the other kids might have gone into cars along the way. I opened the driver's side door and started going through the interior. We only go into unlocked cars; the Durango happened to be unlocked. Inside there was a baby seat in the back, a tissue box in the center console and a blanket near the tissue box. I used that same lighter to light the tissue box on fire. The flame got big all the sudden and the blanket was lit. I was standing back watching the (This is page

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ARREST WARRANT AFFIDAVIT CONTINUATION PAGE JD-CR-64a Rev. 10-04 C.G.S. ยง 54-2a

Pr. Bk . Sec. 36-1, 36-2, 36-3

INSTRUCTIONS: The jurat is to be completed for each page of the affidavit. .The prosecutorial official and judgeljudge trial referee are to date and sign or initial each page to indicate that they have reviewed it.

STATE OF CONNECTICUT SUPERIOR COURT

NAME AND RESIDENCE (Town) OF ACCUSED

COURT TO BE HELD AT (Town)

G.A. NO.

POTREPKA, Andrew -1275 Mount Vernon Road, Southington CT

Bristol

17

AFFIDAVIT - CONTINUED

flames while all my friends threw snow and ice on the fire to put it out. The fire went out but there was a lot of smoke. From there we moved on down the road to Vernondale Court. I remember seeing a smaller sedan parked in a driveway on Vernondale Court. I opened one of the car doors and saw a tissue box in the center console. I used the lighter to light the tissues on fire. The paper was flaming but died down in the box, so I left. I thought . ,,{,!w.- ) the fire was out. My. o}Jwr,-friends had already moved on down Vern~~e Drive; they were looking through . ' . other cars." ;.'

20c. Andrew Potrepka said, "From there we walked further down West Center Street to another house with several cars in the driveway. I was in one car and~was in another one with someone else. I remember looking at the stuff inside the car and seeing a paycheck addressed to one of my friends, Chandler Hartford. At that point I realized what I was doing was wrong and wanted to get out of there. I told Eric to shut those doors and was yelling at him. That's when the owner of the house came out and said, "Get the fuck out of here!! The police are already on their way!!" All of us took off running through properties on West Center Street to Vernondale Drive and then to Vernondale Court. We entered the woods behind Vernonda Ie Court and came out in the Deerbrooke Circle neighborhoods. I was in the street and my friends ended up behind a shed on someone's property on Deerbrooke Circle. I met up with them behind this shed and we all walked through the woods along a creek back to Mt. Vernon Road and back to my house. We all talked about what we had done and tol~ what happened. We all eventually fell asleep in my basement and got up the next morning."

20d. Additionally, "While we were talking, Detective Suski asked me about a car fire that happened December 6, 2008 in a driveway on Mt. Vernon Road. I lit this car on fire too. The car was parked in the driveway to a small white house with a for sale sign in the yard. I think a kid by the name of Tom McKay either lives or lived there at one point. I wasn't targeting him though. That night I was with Nick Scarpati and we were walking on Mt. Vernon Road. I first lit some bushes on fire with a lighter and a can of bug spray that we had found. Nick found some paper to use near a mailbox and he put it in the bushes so a fire would start. We then walked down the road and found the car in the driveway. It was gold and was a small sedan. Nick and I were going through the car.

Inside there was a bunch of paper which I lit in the front seat. A fire started burning. I popped the trunk and found some CDs and laundry detergent. I opened the detergent and poured it over the front seats. Nick found a cardboard case of soda and put it in the front seat. He also put a blanket or towel across the seats. Both Nick and I placed these things on the fire to keep it burning. We then took off towards my house. When I last saw the car it was pretty engulfed. We heard the sirens so we looked back from my house. There was a bunch of trees in the way, so we could only see the flashing lights from the fire engines and how high the fire got.

(This is page ~ of a __ 11__ page Affidavit.)

., Notary Public}

ARREST WARRANT AFFIDAVIT CONTINUATION PAGE JD-CR-64a Rev. 10-04 C.G.S. § 54-2a ProBk Sec. 36-1 . 36-2, 36-3

INSTRUCTIONS :

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

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

STATE OF CONNECTICUT SUPERIOR COURT

NAME AND RESIDENCE (Town) OF ACCUSED

COURT TO BE HELD AT (Town)

G.A. NO.

POTREPKA, Andrew -1275 Mount Vernon Road, Southington CT

Bristol

17

AFFIDAVIT - CONTINUED

20e. Andrew Potrepka concluded, "About a week or two before Nick and I did this fire, I was out one night with Pat Riera and Tyler Calvi-Rogers. We were walking from his house down to Frost Street. We both went into a few cars along Frost Street and Mt. Vernon Road. I found a GPS unit in one of the cars and gave it to Pat Riera.

I didn't want anything to do with stolen stuff. Tyler was just there with us; I don't remember him going through any cars or taking anythingAA~a !house on the comer of Mt. Vernon Road a'fttl Frost Street I found a blue recycle bin at the end of the driveway 16 Mt.,yernonRoad. There was some cardboard irf th'e bin and I lit it with a lighter I found in one of the cars I went through. A fire started but it smoldered out; the wind blew it out. It was cold outside. I think someone saw us going through cars because the police were in the area for a little while. We ended up running back to Tyler's house on Duck Pond Crossing."

20f. That at the conclusion of the interview and statement, Andrew Potrepka' s demeanor appeared depressed.

Although he stated he felt okay, Lieutenant Shanley and I decided it would be appropriate to contact a parent to pick up Andrew at the police station and ensure he was safe. I then contacted Chet Potrepka and advised him of what transpired. Mr. Potrepka reported to the police station and he was briefed on the investigation and his son's admitted involvement. Mr. Potrepka was provided with this affiant's contact information. He and his son then left police headquarters.

21. On February 19, 2009 at 11 :30 am, Detective Wojenski and I interviewed • . a t pis home located at Southington CT. s mother, Deborah I was presentit'uring stated several weeks ago he was at Andrew Potrepka's house with this interview. 2 3 $, J 2' 5 and Nick Scarpati. At some point they all left the house after I :00 am to "go out". _ said he understood this to mean they were going to do some prank stuff because they've done this sort of thing in the past. q 'said he stayed back because he knew it was trouble and didn't remember what time they returned to Andrew's house.' 'said none of the guys said anything about it in the morning; that he found out about it several weeks later.

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22. On February 19,2009 at I :20 am, Detective Wojenski and I arrived at , the home o f e During our interview with • 2, he admitted being with the group of other teens who were

responsible for the thefts, vandalisms and car fires. provided a sworn statement which states, "A

few weeks ago I was hanging out with some friends at Andrew Potrepka' s [house]. It was me, Andrew Potrepka,

• • • • • •, Nick Scarpati, Land . There was some beer there and we might have had a couple. Later in the night we all went out; it was between 12:00 am - 1:00 am. All these kids have been "out" before in neighborhoods doing prank stuff like switching house flags or moving lawn ornaments around : , who said he was This was the first time I went out with them like this. All of us went out except

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IBED AND SWORN TO BEFORE ME ON ( ate)

3 - ):s '-0 <:j

., Notary Public)

ARREST WARRANT AFFIDAVIT CONTINUATION PAGE JD-CR-64a Rev. 10-04 C.G.S. § 54-2a Pr. Bk. Sec. 36-1, 36-2, 36-3

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

The prosecutorial 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 CONNECTICUT SUPERIOR COURT

COURT TO BE HELD AT (Town)

POTREPKA, Andr-ew - 1275 Mount Vernon Road, Southington CT

Bristol

GANO.

17

AFFIDAVIT: CONTINUED

. ~l<; . ' ,. " . Hi:,'

tired . We walked down Mt. Vernon Road and then down West Center Street. At one point we saw some concrete blocks next to a pickup truck with a cap. I grabbed a block or two and placed them across the road. From there we walked down Vernondale Drive. All of us got staggered so I couldn't see what everyone was doing. I know some kids were going through cars that were parked in driveways. I didn't se~ who went into which cars. The only car I went into was on Mt. Ve~n. RQad. I opened a car door and rea1izedw~Lwas doing was wrong, so I ' closed it and walked away. I didn'uakeanything. At one point while we were walking around, Andrew got separated from the rest of the group. When we saw Andrew he was running from a car that had flames inside. I think the car was a Dodge SUV. The rest of us were in shock and asked him what happened. I don't remember if he said anything. We all told Andrew to go put outthe fire. Andrew went and i't>oked at the fire and said there's no way we are going to put it out. All of us then ran to the car. I opened the passenger door and started throwing snow on the fire to put it out.

Illd~er@ on the driver side putting snow on the fire. I think Andrew was just standing there. The fire went out and we left toward West Center Street. We stopped at a house and some of the kids were going through cars in the driveway. A guy came out of the. house and told us to get out of there.

We all then ran back to Andrew's house.

23. Based upon all the facts and circumstances surrounding this investigation, this affiant has probable cause to believe the accused, Andrew Potrepka (date <IT birth: 1128/1991) did commit the following violations of the Connecticut General Statutes within the Town of Southington on 1I24";20~: Arson in the First Degree, 53a-111; Arson in the Second Degree, 53a-112; [2-Counts] Criminal Attempt, 53a-49 (Arson in the Third Degree, 53a-113); [4-Counts] Burglary in the Third Degree, 53a-1 03;.L2-coupts] Criminal Mischief in the First Degree, 53a-115; Criminal Mischief in the S~,cond Degree, 53a-116; Criminal Mischief in the Third Degree, 53a-117; [5­ counts] Conspiracy, 53a-48 (Burglary in the Third Degree,-.5la-103); [5-counts] Conspiracy, 53a-48 (Larceny in the Sixth Degree, 53a-125b); and Larceny in the Sixth Degre~, 53a-125b. Therefore it is requested an arrest warrant be issued.

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D7J ED AND SWORN TO BEFORE ME ON Date)

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., Notary Public)

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