Kevin Whalen arrest warrant

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Applicatk,n For Arrest Warrant To: A .Judge of th~ Superior Court

Thu undHrsigned hereby applies for a warrant for the arrest of the above-named accused on the basis of the facts

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

1. That, the undersigned Affiant, Trooper First Class Timothy H. Van Deventer #953, is a regular member of the Connecticut State Police Department and has been since January 20, 2006. That this Affiant is currently assigned as the Prospect Resident State Trooper under the Connecticut State Police Troop-I, Bethany, under the command of Lieutenant Michael Perry# 047, and at all pertinent times mentioned herein was acting in official capacity as such member of said department. The following facts and circumstances are stated from personal knowledge and observations as well as information received from brother or sister officers acting in their official capacity.

2. That on Saturday, 01 /12/19, at approximately 0100 hours, this affiant was dispatched to a roll-over motor vehicle accident located on I 91 Southbound between Exit 16-15 in the town of Meriden. On 01/12/19, at approximately 0105 hours, this affiant arrived at the scene and was greeted by a witness named Robert Modzelewski (DOB 11 /28/56) who stated that he witnessed a Jeep Wrangler rear-end a car in the center lane. Modzelewski stated that the car went into the woods in the right shoulder and he saw the Jeep flip over in the right shoulder. Modzelewski stated that he didn't see who was driving but he saw people laying on the ground in the area of the Jeep Wrangler.

3. That on 01/12/19, at approximately 0105 hours, this affiant spoke with the operator of vehicle# 1, Ashley (Tlr/s Is page 1 of a 1 page Affidavit) IJato

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The foregoing Application for an arrest warrant, and affldavit(s) attached to said Application, having been submitted to and considered by the undersigned, the undersigned finds from said affldavlt(s) that there is probable cause to believe that an offense has been committed and that the accused committed it a therefore, that probable cause exists for the Date and

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Whalen, Kevin, J. Wood (DOB 02/18/88). Wood was standing by the right shoulder of the highway as this affiant pulled into the accident area. This affiant asked Wood if she was ol< and she stated that her neck and back hurt but that she was alright. This affiant then asked if she was the lone occupant in the vehicle and she stated that she was and that her vehicle was stuck in the woods. This affiant informed her to stay there until more help arrived and then I went to tend to the other people involved in the collision.

4. That on 01/'I 2/19, at approximately 0106 hours, this affiant ran over into the right shoulder area and observed a male laying face-up unconscious and without a pulse. His head was facing a northerly direction and his feet were facing a southerly direction. This party was later identified as Edward L. Harris (DOB 01/02/91 ). This affiant then checked for a pulse on Harris and at the time he had no pulse. This affiant then ran over towards the Jeep which was rolled-over on it's roof area facing a northerly direction in the wood line.

This affiant observed another person lying face-down with his head facing a southerly direction and his feet facing a northerly direction. This party was later identified as Michael J. Toscano (DOB 09/20/91) via NCIC and NCIC license picture. This affiant yelled at the party to see if he was still alive asking him "are you there?" This affiant then continued to talk with Toscano, and observed he was alive and had a pulse. This affiant asked him "what's the matter, what do you feel?" Toscano then stated, "well i'm personal, drunk as shit." As this affiant was speaking with Toscano, this affiant could smell a strong odor of alcoholic beverage on his breath. This affiant asked if there was anyone else in the car with him and Toscano stated that he wasn't sure. This affiant then conducted a cursory search of the area and did not witness anyone else. This affiant then went back towards Harris and started CPR along with Tpr. Culpertson, #1239 until EMS arrived on scene and took over rendering aid. A short time later, Harris retained a pulse.

5. That on 01 /12/19, at approximately 0110 hours, during rendering aid to Harris, a Lombard Motor tow truck arrived at the scene with another party sitting in the passenger seat, later identified as Kevin J. Whalen, (DOB 09/27/92) via NCIC and NCIC license picture. Once additional help arrived, this affiant was relieved

by EMS and this affiant went back over to Toscano to ask what had happened. Toscano stated that he didn't know what happened but was adamant that he was not driving the vehicle. Toscano stated that he was sleeping and then woke up on the ground. This affiant then went over to Whalen who was located sitting in the passenger seat of the tow truck. Whalen verbally stated that they were coming back from Mezzo's in Middletown on their way to drop off his friends when they got into a car accident. Whalen stated that everyone in the vehicle was drinking at Mezzo's in Middletown before they left. As this affiant was speaking (This is page 2 of a 16 page Affidavit

ARREST WARRANT APPLICATION SlA"fE OF CONNECTICUT C,G,S § 54 -2a

SUPERIOR COURT

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CFS#: 1900018401

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with Whalen, this affiant smelled a strong odor of alcoholic beverage on his breath. Whalen stated that it was Toscano's vehicle and that Toscano was driving and that he was adamant on driving home. Whalen stated that he was sitting in the left rear seat and his buddy Harris was sitting in the front passenger seat and that Toscano was driving when they got into the accident.

6. That during the cursory search of the area, this affiant observed vehicle # 1 which was identified as a 2007 Mazda 6i bearing Connecticut registration 515WTH. Vehicle# 1 was located at an uncontrolled final rest facing a South Easterly direction in the woods of the grassy right shoulder area of I 91 Southbound approximately one-mile North of Exit 15. The vehicle had extensive damage to the entire rear-end area, front end, and right side areas. This affiant also observed vehicle# 2 which was identified as a 2016 Jeep Wrangler bearing Connecticut registration AC21690. Vehicle # 2 was located at an uncontrolled final rest on it's roof area facing a northerly direction in the grassy right shoulder area of I 91 Southbound approximately one-mile North of Exit 15. There was debris scattered throughout the right shoulder and heavy tire marks located from the center lane all the way into the right shoulder upon my arrival at the scene.

Vehicle# 2 sustained heavy damage to the entire front end, rear end, and roof areas.

7. That while at the scene, operator# 2, Kevin J. Whalen, DOB 09/27/92, Michael J. Toscano DOB 09/20/1991, and Edward L. Harris DOB 01/02/91 were all transported to Yale, New Haven Hospital via Hunters Ambulance at approximately 0135 hours for injuries sustained during the accident.

8. That on 01 /12/19, at approximately 0148 hours, TFC Perchinski #1367 took a statement from operator# 1 Ashley R. Wood (DOB 02/18/88). Wood indicated that on 01/11/19, she was in Middletown at an NA meeting around 930pm and then left with her friend Rob around 1145pm or so and traveled down Rt 66 and parked at Guidas where she had left her car earlier. She chatted with Rob until around near 1 am and then traveled onto Rt 66 to 691, and got on 91 Southbound. She was traveling home in the center lane of 1-91 South around 60-65 mph when she looked in her rearview mirror and saw headlights of a vehicle coming up behind her too fast and within a second the vehicle struck the rear of her car. The force of the vehicle pushed her car to the right and spun out. Her vehicle continued to travel into the woods backwards and finally came to a stop. Wood then walked over to a tractor trailer and saw someone walking near the other vehicle that hit her. Wood saw a person laying near the truck that wasn't moving but she did not go near them and didn't (This hi page 3 of a 1/J page Affidavit

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really see the vehicle or anyone else outside.

9. That at approximately 0157 hours, this affiant took a statement from Mohammad Khan (DOB 07 /22/87) who was a tow truck operator and a witness. Khan indicated that on 01 /12/19, at approximately 1A.M. he was operating his tow Truck on I 91 Southbound, 1-mile North of Exit 15, when he passed a vehicle flipped over in the right shoulder of the highway. Khan stated that he then continued to drive on I 91 Southbound and saw a person walking down the road. He then pulled over into the right shoulder of the highway and got out of the tow truck and started to speak with the man and saw that he was covered in blood and asked him what happened. Khan indicated that the man stated that he didn't know what happened but that he was sitting in the back seat of a vehicle and then the vehicle then flipped over. He stated that he was not driving the vehicle. Khan then asked him where the driver was and he stated that he didn't know where the driver was.

Khan asked him how many people were in the vehicle and he stated that he didn't know. He stated that his shoulder was hurt and his head was bleeding a lot. Khan then had him sit in the passenger seat of the tow truck and then at approximately 1:02 A.M. called 911.

10. That at approximately 0200 hours, Tpr. Culbertson #1239 took a statement from a witness identified as Robert Modzelewski (DOB 11 /28/56). Modzelewski indicated that on 01/12/2019 at approximately 0100 hours he was driving his tractor trailer in the right lane of three on 1-91 South, before Exit #15. Modzelewski stated that he was traveling a couple hundred feet behind a vehicle in the center lane and was driving at about 65 MPH, and he believed the vehicle ahead of him was going about the same speed as well as they were maintaining roughly the same distance apart. Modzelewski observed a dark colored SUV pass him in the center lane at a high rate of speed and crash into the back of the vehicle that was traveling in front of him in the center lane. The SUV did not brake at all before striking the vehicle. The SUV then rolled several times to the right and ended up on its roof in the grass area off the right shoulder. The vehicle that the SUV struck also traveled off the right and went into the woods. Modzelewski then pulled over and dialed 911. He then exited his vehicle to see if anyone needed help. The first person that he saw was a male (later identified as Edward Harris) that appeared to be from the SUV. He was on the grass and was unconscious. There was another male on the ground by the Jeep who was alert and able to talk with Modzelewski later identified as Michael Toscano.

(This Is pfJge 4 of a 16 page Affidavit Date

02/24/2020 i 0:57 am

ARRESl WARRAJH APPLICATION STATE OF CONNECTICUT

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11. That on 01 /12/19, at approximately 0350 hours Tpr. Culbertson #1239 obtained a written statement from Kevin J. Whalen (DOB 09/27/1992) at Yale New Haven Hospital. Whalen indicated that on 01/11/2019 he woke up around 0400 hours to go to work at Mossberg Firearms in North Haven. Whalen said that he was at work until about 1400 hours and then went home where he stayed until about 1830 hours. Whalen stated at 1830 hours he left his house to meet up with a girl named Jen at a bar called Bullseye in East Haven.

Whalen explained that he had only met Jen a few times and did not know her last name. Whalen stated that he had a few drinks and played pool at Bullseye before heading home at around 2000 hours. Whalen stated that when he got home his friend Mike Toscano picked him up in his Jeep and they left to pick up their other friend Ed Harris at around 2015 hours. From Harris's house in Northford Toscano drove to a bar called Mezzo's in Middletown. Whalen stated that at Mezzo's he had a few beers and a vodka mixer. Whalen explained that at about 0030 hours he and his friends left Mezzo's in Toscano's Jeep to head to another bar called Eli's in Branford. Whalen stated that he was sitting in the back seat of the Jeep, Harris was in the front passenger seat, and Toscano was driving. Whalen said that he was sure Toscano was driving because he was being very adamant about driving his own car. Whalen stated that he was not wearing a seatbelt and knows this because he never wears a seatbelt. Whalen said that he only remembers singing along to songs on the radio in the back seat of the Jeep and did not remember the accident at all. Whalen stated he did not know what lane Toscano was driving in or even what highway they were on. Whalen stated that the next thing he remembers was waking up outside of the Jeep, being very cold, and in a lot of pain. Whalen said he saw yellow flashing lights and ran towards them to get help. Whalen explained that it was a tow truck and the driver told him he was in an accident and to.sit in his truck to wait for an ambulance. Whalen stated he does not remember much while sitting in the tow truck other than being shook by an EMT to wake up and then moved to the ambulance.

12. That at approximately 0415 hours on 01 /12/19, Tpr. Culbertson #1239 obtained a statement from Michael Toscano (DOB 09/21/1991) at Yale New Haven Hospital. Toscano indicated that on 01/11/2019 at about 0630 hours he left his house to go to work at JJ Sullivan Propane in Guilford. Toscano said he left work at about 1630 hours and went home. Toscano stated that he went to a store quick from his house but came back to shower and eat dinner. Toscano explained that at around 2030 hours he left his house to pick up his friends Kevin Whalen and Ed Harris from their houses. Toscano said they went to a bar called Mezzo's in Middletown and he parked his Jeep in the parking lot behind the bar. Toscano said that at Mezzo's he drank about six red bull and vodkas and got pretty drunk. Toscano stated that when they left Whalen told him that he was too drunk to drive and to let him drive home. Toscano said that on the way (This Is pege 5 of a 1IJ page Affidavit .,_

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Affidavit ~ Continued home he was sitting in the front passenger seat of his Jeep and he stated that Kevin Whalen was driving and Ed Harris was in the back seat. Toscano stated that he had his seatbelt on while in the front seat and said that he then fell asleep as soon as he got in the car. Toscano stated that he did not remember the accident at all and only remembers waking up in the hospital.

13. That on 01/12/19, at approximately 0418 hours, next of kin, Jessica Dematteo (DOB 07/12/71) was notified that her son Edward L. Harris (DOB 01/02/91) was involved in a motor vehicle accident and was being treated at Yale/New Haven Hospital by Yale Social Worker Winsome Mellers. On 01/16/'19, at approximately 1447 hours, Harris succumbed to his injuries sustained during the accident. The State of Connecticut Office of the Chief Medical Examiner conducted an autopsy on Harris dated 01/19/19. The results of the autopsy for the deceased Edward L. Harris (DOB 01 /02/91) state that Harris had a blunt injury of the head with scalp abrasions, skull fractures, subdural hematoma's, and Hypoxic lshemic Encephalopathy. Harris also had a blunt impact injury of the trunk and an abrasion of the hip. The cause of death is a blunt injury of head and trunk and the manner of death is accident (passenger in motor vehicle collision). The toxicology report indicated that Harris had an ethanol level of .25g% on 01/12/19, at 0207 hours.

14. That on 01/12/19, the State Police C.A.R.S. unit was called to the scene. TFC Gorski #935 conducted on scene accident reconstruction on 01/12/19 and conducted a mechanical inspection of vehicle# 1, and vehicle # 2 on 01 /17/19 with the assistance of TFC Comstock# 775 in the secured evidence lot at State Police Troop I. The inspection consisted of examining the major mechanical components of the vehicles in an attempt to determine if there were any mechanical failures that could have caused or contributed to the crash. That the Mazda 6 had no abnormalities or mechanical defects found that would have been a causative or contributing factor in this crash. The right rear brake pad and rotor had metal on metal contact which could affect the braking ability of that wheel. The Mazda 6 was inspected for transfer patterns that were not consistent with the crash. The right rear side bumper cover had contact sideswipe type damage and the left front side had contact damage that was not associated with this crash. All the other transfer patterns were consistent with the crash sequence. The Jeep Wrangler was found to have no abnormalities or mechanical defects that would have been a causative or contributing factor in this crash. The 1st Row left and right seatbelts were buckled behind the bacl< of the occupants which was indicated by all the occupants in the vehicle being ejected from the vehicle during the rollover sequence. The Jeep Wrangler was inspected (T/1/s ts page 6 of a 16 page Affidavit

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Affidavit Continued for transfer patterns that were not consistent with the crash. All transfer patterns were consistent with the crash sequence. The manufacturer recommended tire size for the vehicle was LT255/75R17, but the vehicle was equipped with LT315/70R17 tires. The speed variance between the manufacturers' suggested wheel size and the equipped wheel size will be -6.70% too slow if speedometer was not recalibrated for the larger tires.

15. That on 01 /14/19, at approximately 1300 hours, TFC Yokley #467 obtained a second statement from Toscano as well as his girlfriend Leah Doll (DOB 11/27/91). Toscano indicated that on 1/12/19, after he was treated for his injuries he found his cell phone with Harris's belongings at the hospital. He saw that he had received 4 Snapchat video messages from Whalen and that Whalen's snapchat username was KWhalen5. Toscano had only recorded the remaining two snaps and given them to this affiant on three different recordings. Toscano viewed these videos at approximately 4:00 pm on 01/12/19 from his hospital bed at Yale/New Haven Hospital and the snaps were timestamped 15 hours prior when they were opened on Toscano's cell phone. According to Snap Inc. Law Enforcement Guide, the Snap servers are designed to automatically delete a Snap after it has been viewed by all intended recipients and that snap servers are designed to automatically delete an unopened Snap sent directly to a recipient after 30 days. These videos in question, were taken from the driver's seat of Toscano's Jeep Wrangler. In one of the two snap videos this affiant observed the Jeep passing the 1-91 Southbound Exit 17 off ramp between the left and right lanes.

The video clip is only a few seconds. There is a person that Doll believed to be Whalen singing in the videos and the radio is very loud. The second of the two snap videos, is even shorter, and shows the front dash of the Jeep with singing in the background. Doll stated that she thought it was Whalen singing in both videos but this affiant is uncertain who was singing. In one of the videos this affiant as well as Toscano heard a voice saying, "Yo, wal<e up". Toscano stated that it was not his voice saying "yo, wake up" and it is not his voice singing. Toscano stated that he had requested all of his data from Snapchat and they sent him his records. Toscano stated that he voluntarily provided TFC Yokley with the records showing that he received 4 videos from user kwhalen5 which Toscano stated was the snapchat of Kevin Whalen on 1/12/19 between 1255 am and 1258 am.

16. That on 01 /07/20, at approximately 1530 hours, this affiant obtained a signed a search and seizure warrant to obtain subscriber information for the snapchat accounts associated with the username kwhalen5.

This search warrant requested information to include the e-mail address, phone number, account creation (Tllla Is p,::,ge 7 of a 16 page Affidavit

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Affidavit - Continued date, and timestamps and IP address for account longins/logouts. On 01/08/20, at approximately 0815 hours, the signed search warrant was submitted to Snap Inc via e-mail to lawenforcement@snapchat.com and an automated reply was generated from Team Snapchat with confirmation number 63281370. On 02/04/20, at approximately 1156 hours, this affiant received an email from lawenforcement@snapchat.com regarding snapchat case #63281370. The e-mail stated that attached in a separate e-mail from no_reply@snapchat.com is a response letter and certificate of authenticity regarding the records responsive to this affiant's search warrant request. This affiant clicked on the link and a zipped file appeared from the link. This zip file was then downloaded and submitted on a JD-CR-61 back to the court. The file contained a microsoft excel document that identified snapchat account information for ID:Kwhalen5. The file shows the e-mail address listed for ID:kwhalen05 as kwhalen05@yahoo.com which was created on Friday January 4, 2013 with a phone number listed at 203-645-7071 and an IP address listed as 73.142.151.93. This phone number matches the phone number associated with Kevin J. Whalen DOB 09/27/92 who was involved in the fatal motor vehicle accident.

17. That on 01/16/19, at approximately 1409 hours, TFC Yokely, #467 took a third statement from Toscano.

Toscano indicated that he is giving another statement to provide additional information about three selfie videos that he took on his cell phone on 1/12/19 at 0024 hours. These videos were seized and placed into Troop I Evidence. The three videos were taken as selfies with himself and Ed Harris. This affiant also observed the videos and they show the Toscano and Harris walking to Toscano's vehicle after leaving Mezzo's in Middletown. In the first video this affiant can observe Toscano and Harris talking and walking outside. Toscano indicated that they were discussing the fact that Harris was kicked out of Mezzo's and at the end Toscano says, "He's driving" to Harris. The second video starts with Toscano saying "my Jeep dude" which is simply a continuation of the first video. So the entire statement was "He's driving my Jeep dude". This affiant then observed the video showing Toscano stating, "I hope he drives standard". You can then hear a person off camera state "Let's get the fuck going" and Toscano start saying "we're going ... Kevin Don't worry about it I got shotgun boy, I got shotgun what" to Harris. Harris then states "you're the one fucking driving" to Toscano and then Toscano responds by saying "Kevin's driving bitch." This affiant observed that those two statements occur in the third video which is a continuation of the second video. This affiant also heard a party off camera state "yeah" after Toscano said "he's driving." While walking away this Affiant observed in the background of the selfie video a blue neon Mezzo's sign in the left hand corner of the screen along with a building next door with a red awning. As the video plays, this affiant can observe a portion of three vehicles parked on the right side. One white SUV parked in the first parking spot, a dark colored (This /5 pag& 8 of i, 1ti page Affidavit

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Affidavit - Continued vehicle parked in the second parking spot, and a Dark colored SUV parked in the third parking spot followed by yellow painted no parking lines.

18. That on 01 /14/19, at approximately 1200 hours, TFC Yokely #467 took a statement from Leah Doll (DOB 11/27/91 ). Doll indicated that she is giving the statement in regards to things she knows about regarding a motor vehicle accident that her friend Michael Toscano (09/20/91) was involved in on Saturday January 12, 2019 at approximately 1:00a.m. On 1/12/19 at approximately 12:13 a.m. Doll spoke with Toscano for approximately 8 minutes and he stated that Whalen was going to drive home and that it was okay because Whalen was good to drive. At 12:30 a.m., Toscano called Doll's cell phone again and stated that he was leaving Middletown with Whalen and Harris. Doll stated that she heard someone in the background state "where am I going? Mike tell me which way to go I don't know where I am going." Doll stated that she knows it was not Toscano's voice that stated this but she was unsure who asked Toscano for directions. Later in the day, after finding out Toscano was involved in the accident and visiting him in the hospital Doll, Toscano's brother, and Toscano's mother went to visit Whalen in Branford to find out if he was okay. There were quite a few people at Whalen's house and Doll spoke with Whalen and his mother about the accident Whalen's mother told Doll that Whalen was in the backseat due to a longstanding game where the youngest person sits in the backseat. Doll stated that Whalen's mother said that Whalen did not remember the accident only that he was walking down the road and flagged down a tow truck and was able to call her while he was in the tow truck. Whalen's mother also told Doll that Whalen never wears his seatbelt and was very adamant about that because Whalen was saying that he never wears a seatbelt. Doll also had two videos of Toscano opening snapchat messages sent to his phone from Whalen's phone. These videos were found on Saturday afternoon because they found Toscano's phone with Harris's property at the hospital. These snapchat videos were taken and sent the night of the accident and appear to be taken from the driver's seat of Toscano's Jeep Wrangler as the driver of the Jeep is filming. You can see the vehicle passing 1-91 southbound Exit 17 in one of the videos.

19. That on 01 /24/20, at approximately 1823 hours, Toscano e-mailed this affiant a copy of his phone records from January 2019. These records indicate that they came from phone number 203-446-1404 which is Toscano's cell phone. The records show two phone calls from phone number 203-848-8181 which is Leah Doll's phone number on 01 /12/19. The first call was placed on 0013 hours and was nine minutes long and the second phone call was at 0030 hours for two minutes, These phone call logs match the sworn written statement that Doll gave to TFC Yokely regarding her phone conversations with Toscano on the night (Thi.~ is page g of a 16 page Affidavit Date

--------

02/24/2020 10:57 am

CSP TROOP I C,@i to IJe held al (fown)

MERIDEN

of 01 /12/19.

20. That on 01 /15/19, at approximately 1730 hours, this affiant met with Doll for a follow-up statement. Doll stated that after reviewing her statement, Doll did not include that she spoke with Toscano as he was leaving the bar in Middletown while they were driving away. Doll specifically remembers Toscano state that his friend Whalen was driving when they left the bar. Doll stated that she has never met Whalen before and she was not sure how they met for the first time. Doll stated that she did look at Whalen's Facebook page and she believes that he went to North Branford High School but she does not believe that they were friends.

21. That on 01 /17 /19, at approximately 0930 hours, CDMCS assisted Troop I / CARS Unit with the execution of a search and seizure warrant on Vehicle #2 (Jeep Wrangler). The reason for the search and sezure warrant was to identify who was operating the Jeep Wrangler at the time of the accident due to conflicting statements. The vehicle was processed in the Troop I garage. During the course of processing, CDMCS took photographs and seized nine (09) items of evidence. All items seized consisted of DNA swabbing's from various locations and the collection of potential hair/ fibers from the vehicle's headrests.

CDMCS packaged and labeled all evidence and later secured the evidence in the Troop I evidence room.

22. That on 01 /22/19, at approximately 0900 hours, this affiant along with TFC Yokley #467 went to the address of Kevin Whalen in an attempt to re-interview him and obtain DNA swabbing's along with consent to release medical records. Whalen stated that he was instructed by his lawyer to not discuss the case. On 01/22/19, at approximately 1000 hours, this affiant went to the address of Michael Toscano to obtain a signed request to consent to release of medical records form. Toscano gave consent and signed a DPS167-C Consent to examine evidence as well as a Yale/New Haven Hospital medical records release form.

23. That on 01 /28/19, at approximately 0900 hours, this affiant and TFC Henriques #1081 met Assistant State's Attorney James Turcotte at G.A. 7 located at 54 West Main St. Meriden CT to review and sign two search warrants for Kevin Whalen (DOB 09/27/92) to attempt to identify who was operating vehicle# 2 during the accident. The first search warrant was for a copy of Whalen's medical records from Yale/New Haven Hospital the night of the accident. The second search warrant was for Whalen to submit to Buccal (this

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Affidavit

02/24/2020 10:57 am

ARRES'I WARRAN'! ti.PPUCAnON STATE

Or CONNECTICUT

SUPERIOR COURT

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Continued

swabs, On 01 /28/19, at approximately 0930 hours, we met with Judge Grossman and the two search warrants were approved by Judge Grossman,

24, That on 01 /16/19, at approximately i 355 hours, Toscano voluntarily came to Troop I and met with TFC Yokley #467 and signed a consent to search and examine evidence form. Toscano then voluntarily gave two buccal samples. On 02/05/19 at approximately 0940 hours, Kevin J. Whalen (DOB 09/20/91) came to Troop I to provide a DNA sample, Whalen was given a copy of a signed search and seizure warrant JD-CR61 signed on 0i/28/19 for buccal samples, On 04/02/19, at approximately 1127 hours, this investigator received an e-mail from the Case Management Unit of the State of Connecticut Forensic Laboratory with the DNA Results from the executed search and seizure warrant for a 2016 Jeep Wrangler bearing Connecticut Registration AC21690, The report was inconclusive in positively identifying the seating positions of Kevin Whalen and Michael Toscano. The report indicated that the DNA for Whalen was inconclusive for the gearshift and eliminated from the steering wheel,

25. That On 01/07/20, at approximately 1605 hours, ASA Dinnon of G.A. 7 requested for the State Police Forensic Lab to test police evidence item's# 14 and 15 which were identified as samples from the driver seat headrest and front passenger seat headrest. These items were not accepted by the Forensic Lab upon the first request. On 01/08/20, Joy Reho of the Case Management Section e-mailed ASA Dinnon and stated that the State Police would be able to submit those examples for further testing. On 01/10/20, evidence Trooper Bastura #936 from Troop I submitted the evidence to the State Police Forensic Lab for testing. On 02/10/20, at approximately 1200 hours, an e-mail was sent from TFC Bastura# 936 along with this affiant with the results of the Forensic Biology Report for evidence #14, envelope with "Fiber Extraction # 3 of Front Passenger side head rest" and #15, envelope with "Fiber Extraction# 4 of Front driver side head rest." The results of the tests were inconclusive. Submission #14 was determined to be a human hair fragment with no root/tissue-like material to test. Submission# 15 was determined to be an animal hair.

26, That on 01/29/19, at approximately 0810 hours, this affiant arrived at Yale/New Haven Hospital Medical Records located at 100 Church St. S. New Haven, CT and executed the search warrant for medical records for Toscano and Whalen, This affiant then on 01 /29/19, at approximately 0942 hours, e-mailed the State of CT Forensic lab with a copy of Toscano and Whalen's medical records and a request for analysis to have a

_____

(Thie Is page '11 of a 1() page Affidavit ,..__.._.,

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Date

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7

ARR.EST WARRANT A.PPUC!\TIO.~ 11).(;I-Vi~~-,

STATE OF CONNECTICUT

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Affidavit - Continued Serum BAC Conversion completed. On 02/15/19, at approximately 1556 hours, this affiant received an email from the State of Connecticut Scientific Services Lab of the conversion of reported serum ethanol value to a whole blood equivalent ethanol value using a 1.16 to 1 serum-to-whole blood ratio. The results of Examinations concluded that Item# 2: reported serum ethanol value of Michael J. Toscano: 200 milligrams per deciliter(200 mg/dL). Item # 2: converted to whole blood ethanol value (blood alcohol content) of Michael J. Toscano: 0.17 gram percent (0.17 g% ). Item # 3: reported serum ethanol value of Kevin J. Whalen: 155 milligrams per deciliter (155 mg/dL) Item# 3: converted to whole blood ethanol value (blood alcohol content) of Kevin J. Whalen: 0.13 gram percent (0.13 g%). The report was digitally signed by analyst Lynda Dalton Forensic Science Examiner and Technical and reviewed by Robert Lockwood Forensic Science Examiner.

27. That on 01/24/19, at approximately 0921 hours, this affiant spoke with Mr. Roger Beliveau who works for the Middletown Parking Department in an attempt to identify who was operating the Jeep Wrangler at the time of the accident. This affiant gave Beliveau the make and model of vehicle# 2 (Jeep Wrangler) as well as a description of the individuals that this affiant was searching for along with a time frame around 0030 on 01/12/19. Roger stated that he would review the camera footage. On 01 /24/19, at approximately 0937 hours, Beliveau stated that he found two files showing the three individuals getting into a vehicle at 0026 hours that matched vehicle# 2's description. He stated he observed the Jeep parked in front of Middletown City Hall and observed three males leaving Mezzo's Grille walking towards the vehicle. He stated that the vehicle he observed in the video was a dark colored Jeep Wrangler and that the three individuals he observed matched the description that this affiant gave to him.

28. That on 01 /24/19, at approximately 1130 hours, a copy of the videos from the Middletown Parking Authority was sent to this affiant. The video was viewed and shows a date and time stamp of 0018 hour& on 01 /12/19 from a pole camera in Middletown. The camera faces Mezzo's Grille and shows Whalen wearing the same checkered color jacket that this affiant had observed Whalen wearing at the scene of the accident.

Whalen and Harris were seen on the video leaving the front of Mezzo's and outside smoking a cigarette. The video then shows Whalen leaving Mezzo's Grille walking down the street ahead of Toscano and Harris who walk behind him. This video is 5 minutes and 16 seconds. This affiant also observed Toscano at the end of the video pick up his cell phone and start to look at it. This affiant observed that while Toscano, Harris, and Whalen were walking away from Mezzo's, a blue neon Mezzo's sign in the right hand corner of the screen (This is page 12 of a 16 page Affidavit, Date

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ARREST WARRAlll'l APPUCATION STAlE OF CONNECTICUT SUPERIOR. COURT www.Jud.et.aov

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Affidavit • Continued along with a building next door with a red awning. This affiant can also observe three vehicle parked on the right side. One white SUV parked in the first parking spot, a dark colored vehicle parked in the second parking spot, and a dark colored SUV parked in the third parking spot followed by yellow painted no parking lines. This affiant observed that the same three vehicles, signs, and no parking lines that were in the Middletown video were the same as the selfie video that Toscano took on his cell phone where Toscano indicated that Whalen was driving.

29. That the second video is from the Middletown City Hall camera and shows the front end of Toscano's Jeep parked across the street from Middletown City Hall on Melilli Plaza. This video is time stamped 01/12/19, at 0025 hours. It is observed that Whalen walks around the back of the Jeep, unlocks the front driver's side door area, reaches inside the vehicle and unlocks the passenger door and Toscano then gets into the passenger side and moves an object. Whalen then exit's the vehicle and urinates on the sidewalk area by where the Jeep is parked. It is then observed that Harris comes up and opens the passenger side rear door and enters into the Jeep. Toscano then enters back into the passenger seat area and sits down.

Once Whalen finishes urinating, he climbs into the Jeep Wrangler's front driver's seat and sits down. It is observed that Whalen is still wearing the same checkered colored white and red sweatshirt that this affiant observed him wearing while he was seated in the front passenger's seat of the tow trucl< immediately after the accident occurred. The video shows Whalen starting the Jeep, then turning on the headlights and then driving away approximately two minutes and 10 seconds later. The date and time stamp on the video is 01/12/19 at 12:29 A.M. This video is 2 minutes and 15 seconds long.

30. That on 01 /29/19, at approximately 1542 hours, this affiant sent another e-mail request to Roger Belieau of the Middletown Parking Authority requesting camera footage from camera CH SW PTZ from 01/11/19, at approximately 2122- 2125 hours of the Black Jeep Wrangler parking in the parking spot on Melilli Plaza across from Middletown City Hall. On 01 /30/19, at approximately 1025 hours, this affiant viewed the video sent by the Middletown Parking Authority. The video starts at 2122 hours on 01 /11 /19 and shows the Black Jeep Wrangler parallel parking on Melilli Plaza directly across from Middletown City Hall. This video also shows and confirms Toscano's sworn written statement that he drove to Middletown. The video also shows that Whalen gets out of the front passenger seat and shows Harris getting out of the back seat area of the Jeep. Whalen and Harris leave the screen at 2123 hours, and Toscano is still in the driver's seat. Toscano is then seen locking his Jeep and then running towards his friends approximately thirty seconds later.

AAJh:ST WARRANT M•PUCATION STATE OF CONNECTICUT

,Jl)·CR 0411, /~(Pr :J·i1 C.G.S q 154-/a

SUPERIOR COURT www.jw:l.ctgov

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Affidavit - Continued

31. That on 02/22/19, at approximately 1430 hours, this affiant met with witness Robert Modzelewsl<i (DOB 11 /28/56) at the TA truck stop in Southington CT. Modzelewski was driving the Tractor trailer in the right lane at the time of the motor vehicle accident and caught the accident on video. Modzelewsl<i provided this affiant a thumb drive with a video on it from the night of the accident on 01/12/19. This affiant then viewed the video and the video depicted the following: The video was taken from Modzelewsl<i's Garmin G.P.S. dash camera from his Tractor Trailer while traveling in the right lane. The date and time stamp on the video is O1/12/19 at 0058 hours. The video depicts vehicle # 1 traveling in the center lane of three lanes, ahead of Modzelewski's Tractor trailer traveling in the right lane. It is also observed that vehicle# 1 was traveling approximately the same speed as the tractor trailer not passing any vehicles. The G.P.S. speed on the dash camera at the time is 65mph. The video then depicts at 0059 hours, vehicle# 2 traveling at a very high rate of speed in the center lane behind vehicle # 1 and closing the distance to vehicle# 1. This date and time stamp is one minute apart from the video that Whalen sent to Toscano via snapchat. The Garmin video then shows vehicle # 2 strike vehicle# 1 in the rear, causing vehicle# 1 to spin clockwise and travel into the grassy right shoulder and then into the tree line. The video then shows vehicle# 2 spin clocl<wise and then roll over . multiple times and come to a final rest on it's roof area in the grassy right shoulder area of the highway. The video shows an individual who was ejected, stand up and walk towards the Jeep in the grassy right shoulder area. The individual was seen in the video wearing darl< pants and a checkered jacl<et. This individual was later identified as Kevin J. Whalen. Whalen was seen wall<ing towards the Jeep flipped over and then stumble and fall. From this investigator's point of view, l<nowing where Toscano was located, it appears that Whalen was checking on Toscano. Whalen then is seen stumbling towards the roadway and wall<ing South towards Exit 15. The video also shows at 0100 hours, Modzelewski exiting the Tractor trailer and walk towards Harris and Toscano. In the background it is observed that a tow truck pulled over at 0101 hours and turned its lights on where Whalen was seen walking.

32. That based on this affiant's investigation including physical evidence, observations at the scene of the accident, witness statements, statements conducted during the background investigation, C.A.R.S. investigation report, and statements of fellow officers, the cause of the accident was operator error. It was determined that vehicle# 1 was traveling in the center lane of Interstate 91 Southbound at approximately the same speed as the witness tractor trailer, where the Garmin video system video was obtained. Vehicle# 1 was observed in the Garmin video system video drifting partially into the left lane then bacl< into the center (This Is pi,ge 14 of a 16 page Aff/davli

Datil!

02/24/2020 10:57 am

ARHCST WARRANT APPLICATION

STATE OF CONNE::CTICUT SUPERIOR COURT www.jud.et.oov

1900018401 Namo (L;_i,:;f, hn:i, fvlirlu'ft1 lnifinl)

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Affidavit~ Continued lane. Vehicle# 2 was traveling partially in the center lane and left lane on Interstate 91 Southbound at a recorded speed of 99MPH approximately 5 seconds prior to the impact with vehicle #1. The speed, vehicle indicated for the entire event may be underestimated if the vehicle speedometer systems were not recalibrated for the wheel size change and will be -6.70% too slow. The operator of vehicle# 2 (Kevin J. Whalen DOB 09/27/92) failed to maintain a sufficient separation distance from the vehicle in front of him; the rear end of vehicle# 1. The operator of vehicle# 2 (Whalen) failed to recognize the hazard in front of him, failed to apply the brakes, and/or take appropriate evasive action at the appropriate time that would have allowed vehicle# 2 to avoid colliding into the rear portion of vehicle# ·1. The operator (Whalen) of vehicle# 2 failed to maintain his established lane, and was not wearing his seatbelt; therefore, he was ejected from the vehicle. The passengers in the vehicle (Toscano and Harris) were also not wearing their seatbelts; therefore, they were ejected from vehicle# 2. It was further observed that after detailed analysis that a snapchat video was taken from Whalen's snapchat account and sent to Toscano's snapchat account that was time-stamped one minute prior to the impact with vehicle # 1, which is deemed a contributing factor in this accident. Both the Snapchat app and the Garmin device utilize G.P.S. for time, which confirms that Whalen was using a hand held mobile device prior to impact. The video was taken from the driver's seat of vehicle# 2 while driving and shows I 91 Southbound at the split with RT 15 by Exit 18/17 changing lanes between the right and left lane and then passing a tractor trailer. The audio in the background of the video has an occupant singing while the vehicle is moving. Further analysis of other snapchats shows passenger# 1 of vehicle# 2 (Toscano) leaving the bar Mezzo's in Middletown and videoing himself stating that Whalen was going to drive them home while walking to vehicle# 2. Other video obtained by the Middletown Parking Authority date and time stamped at 01/12/19 at 0025 hours shows vehicle# 2 parked across from the Middletown City Hall. The video shows Whalen opening the driver's side door of vehicle# 2, leave the door open while urinating on the sidewalk, and then getting into the driver's seat of vehicle # 2. The video shows Harris get into the back seat and sit in the middle of the back seat area and shows Toscano get into the passenger seat of vehicle# 2. Approximately 2 minutes later, the video shows Whalen turning the headlights on in vehicle# 2 and then shows Whalen drive vehicle# 2 away towards the highway.

33. That the undersigned Affiant has probable cause to believe, and in fact does believe, that on or about 01/12/19, Kevin J. Whalen (DOB 09/27/92) of 151 Foxbridge Village Rd. Branford, CT. CT committed the following violations of the Connecticut General Statutes while in the Town of Meriden under the jurisdiction of Geographical Area 7 Court: 53a-56b- Manslaughter 2nd Degree with a motor vehicle (This Is p;;ge 15 of a 16 page Affidavit Date

ARRESl W.A.RRANT APPUCAYION

STATE OF CONNECTICUT SUPERIOR COURT www.Jud.ct.gov Ho,,w (I as/, Firs/, Mic/rJ/o lnilm/)

Whalen, Kevin, J.

CSP TROOP I Court lo hâ&#x201A;Ź hi,ld at (Town)

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Affidavit ¡ Continued 53a-63-Reckless Endangerment 1st Degree 53a-56(a)(1 )-Manslaughter 2nd Degree 14-227a- Operating under the Influence of Alcohol/Drug 14-240 Following too Closely 14-296aa(b )- Operating Motor vehicle with handheld device 14-222-Reckless Driving 14-1 00a( c)(1 )-Failure to wear seat safety belt-front seat Therefore, this Affiant respectfully requests that an arrest warrant be issued for Kevin J. Whalen for this violation.

34. That this specific arrest warrant application has not been presented before any other court and has only been presented to the Judicial Authority at GA 7 Meriden for review.

(Th/11 Is p,~gc; 16 of a 16 pago Affidavit