SWORN STATEMENT OF DAVYDSON SOARES DATE: MARCH 27, 2009 INTERVIEW CONDUCTED AT: BROWARD GENERAL HOSPITAL FT. LAUDERDALE, FLORIDA TIME: INTERVIEW CONDUCTED BY: CORPORAL JOHN BAKER STATEMENT TRANSCRIBED BY Sylvia Brown Case Number FHP 709-1 0-013 Pam 1M Sworn Statement of Davydson DeOliveira Soares Match 27, 2009 Page. 2: BAKER: SOARES: BAKER: SOARES: BAKER: SOARES: BAKER: SOARES: BAKER: SOARES: BAKER: SOARES: BAKER: Cam Nmnl-mr I am Corporal John E. Baker of the Florida Highway Patrol conducting a criminal investigation. This interview is. being conducted at Broward General Hospital in Ft. Lauderdale. Today is March 27, 2009. The time is 6:18 AM. Persons present at this interview are Corporal John Baker and Davydson DeOliveira Source. This sworn interview is being taken in relation to a traf?c fatality. I?m going to advise you of your rights. At this time, I am advising you of your rights. Do you understand? Answer yes or no. Yes. Before I ask you any questions, you must understand your rights. Do you understand sir? Do you understand? Yes. You have the right to remain silent. Do you understand sir? Yes. Anything you say can be used against you in court. Do you understand sir? Yes. You have the right to' talk to a Yes. advice before I ask you any questions and to have him with you during question. Do you understand sir? Yes. If you cannot afford a lawyer, one will be appointed for you without cost brai?ore any questioning if you wish. Do you understand sir? Dana 1 7? Sworn Statement of Davydson DeOliveira Soares March 27, 2009 Page 3: SOARES: BAKER: SOARES: BAKER: SOARES: BAKER: SOARES: BAKER: - SOARES: BAKER: SOARES: Case Number FHP 709-1 0-013 Yes. If you decide to answer questions now without a lawyer present, you will still have the right to stop answering at any time. You also have the right to stop answering at any time until you consul a lawyer. Do you understand sir? Yes. If you could, I need you to read this information right here. I?ll hold it up for you. Can you read that? I, Davydson DeOliveira Sores had read and explained to me this statement of the rights and I tmderstand what my rights. And I am willing at this time to make a statement and to answer the questions. I do not want lawyer at this time. Any and all statements given by you be freely and voluntarily,- no promises, threats of any kind or nature my the lawyer or have him present during the interview. I . You understand? Yes. Okay, I need you to sign right here where I put a date there. on this, just the date or sign? No. I need you to sign right. there. Don?t lift your head, just hold your back. I?ll hold it up so you can sign. Okay the time was 6:20 when you sign. This will be a sworn, tape-recorded interview taken by a law enforcement of?cer pursuant to Section 117.10, Florida Statutes. Can you please raise your right hand, which is already up. You want to raise your right hand? Do you swear that the statement you are about to give will be the truth, the whole truth and nothing but the truth? Yes. Dana 17"! Sworn Statement of Davydson DeOliveira Soares March 27, 2009 Rnp4: BAKER: Okay. Will you sign right here sir. SOARES: Where, on the ?rst line? BAKER: Right there, yes. Please state your ?ll name, sir. SOARES: Davydson DeOliveira Soares. BAKER: Please state your current address sir. SOARES: It?s 2011 West Atlantic Boulevard, Pompano Beach, 333069, Florida, USA. BAKER: What?s your apartment number? SOARES: It?s 302. BAKER: Do you have a homo phone number? SOARES: No, just cell phone number. BAKER: What is your cell phone number sir? SOARES: 954-226-2244. BAKER: What is your work phone number? SOARES: Is the same thing. BAKER: SOARES: Same number, yes sir. BAKER: Please state your current occupation? SOARES: I work in the Chiropractor Clinic. Case Number FHP 709-1 0-013 Pane 128 Sworn Statement of Davydson DeOIiveira Scares March 27, 2009 Page BAKER: Where is that at? SOARES: It?s in Davie, Stirling Road, close to 441 in Davie. BAKER: Can you tell me what happened tonight? SOARES: No. I don?t know what?s going on. BAKER: You don?t know what?s going on? Do you know where you were last night? SOARES: I know I was in the club. BAKER: What club were you in? SOARES: I was in the club with the i?riends last night in Los Olas. BAKER: L03 0193. SOARES: Yes. BAKER: Do you temember what club you were in? SOARES: Yes, Automatic Limits. BAKER: Oh, Automatic Slams? SOARES: Yes. BAKER: And what time did you get there last night? SOARES: I just got there like 12:30. BAKER: How did you get there this morning or last night? SOARES: I?m drive now. Page 133 can Number FHP 709-1 0-013 Sw?om Statement of Davydson DeOliveira Soares March 27, 2009 Page 6: BAKER: Who drove? SOARES: I?m driving my car. BAKER: What car were you in? SOARES: It?s a BMW, Civil BMW. BAKER: Is it a small car or is it a big car? SOARES: It?s a big 745. BAKER: And you have that car. . .that car is yours or whose car is it? SOARES: It?s my, but it?s on the name of my boss, Dr. Peter, but the car is mine, it still under his name, that?s it. BAKER: So where did you start out last night from? SOARES: From my house, just couple f'riends come, they come to me. I said no I?m in the house and he says just come to me. Couple ?'iends, you know, the girls come to me. I say all right okay no problem; Ijust left ?'om my house like I [:30 and not drinking nothing and I drive to the club. BAKER: So what car did you get in from the house at? What kind of car did you get in from the house? SOARBS: From my house? BAKER: Yeah. SOARES: It?s my car, it?s BMW, Civil BMW 745. BAKER: Were you the only one in the car at this time when you Ie?? Rica Number 709.1 0.013 Damn I 10 Sworn Statement of Davydson DeOliveira Soares March 27, 2009 Page 7: SOARES: BAKER: SOARES: BAKER: SOARES: BAKER: SOARES: BAKER: SOARES: BAKER: SOARES: BAKER: - SOARES: BAKER: SOARES: BAKER: SOARES: Case Number FHP 709-1 0-013 Yeah, just me. When 1 was in the club, Ijust pay for the parking and I walk in the club. Soon I?m having fun with the people and you know, I just walk and got my ear and got on the way. So you got in your car and drove off when you left the club? No, no, no, I no remember nothing. You don?t remember nothing? I?m sorry, no, no, no, no. When you went to Automatic Slams, you said? Yes. Who were you with? I?m with a lot of. . .I just met a lot of people in there you know, just. . .yeah. Okay, so when you Ie?, how did you pay for your bill when you were at the club? No, it?s my friend paid for the bill. Your friend, who is your ?-iend? It?s uh. . .I don?t know if he?s still there, it?s Ricardo. Ricardo, how do you know Ricardo? It?s for the long time. Long time, where does Ricardo live? He lives in Boca. Page 131 Sworn Statement of Davydson DeOliveira Soares March 27, 2009 Page 8: BAKER: He lives in Boca; do you have Ricardo's phone number? SOARES: No. BAKER: No. SOARES: No, I know him for long time but he just pay for the bill and you know, and just having ?m together but I just left and he?s still in the club. BAKER: So you left the house around 11:30 and you jumped in your car you said, right, and you went down to Automatic Slams. You parked in the parking lot? SOARES: No, no, Ijust park my park in front of another club in Los Olas, but I just stay in the club like for 40 minutes and I walk to Automatic Limits. After that, I walk ?'om my ear with another guy. BAKER: With another guy? SOARES: Yes, another friend. BAKER: Okay, so when you left SOARES: Can I go to bathroom please? BAKER: In just a second, they?ll bring it in. They try pee-cup. SOARES: Okay. BAKER: So how much did you have to drink tonight? SOARES: How much? BAKER: Yeah. SOARES: Like uhm. drinks. Case Number FHP 709-10-013 . Page g; Swom Statement of Davydson DeOliveira Soares March 27, 2009 Page 9: BAKER: Five drinks? SOARES: Yeah. BAKER: And you said you were at another club before you went to Automatic Slams? SOARES: Yes. BAKER: How many drinks did you have at that club, what time did you get to that- club? SOARES: Just one. BAKER: Just one. SOARES: Because I know the manager of the club; I just stop by there to say hi, it's early like twelve o?clock, he said, ?All right everything?s good, just go to the club Automatic Limits, some gals in there?. I just with that drink walk and I go there. The guy outside Automatic say, ?just ?nish your drink before you get in". I ?nish my drink and that?s it. BAKER: And what club was that? SOARES: It?s uh. . .that was before the Automatic Limits you say? BAKER: Yeah. SOARES: Yes, it?s uhm. . .Oh my God, it?s easy name. . .I can?t remember manna. BAKER: So did you pay for your drink there? SOARES: Yes. BAKER: You paid for it? SOARES: Yeah. Case Number FHP 70940-0113 Page 133 Sworn Statement of Case Number FHP 709-10-013 Davydson DeOliveira Scares March 27, 2009 Page 10: BAKER: How did you pay for that drink? SOARES: Cash. BAKER: Cash, oh cash? Yeah. BAKER: And then you went to Automatic Slams? SOARES: Yeah, let me remember can?t remember the name because it?s easy name BAKER: What time did you leave that club? SOARES: What time? BAKER: Yeah. SOARES: It?s like 1:30. BAKER: One-Thirty, so you left the club? SOARES: Yes, and I know exactly time but I was thinking. . .no. BAKER: What time did you get there? SOARES: Like at twelve, because I left ?om my house like 11:30. No drink no nothing, just drive straight to Ft. Lauderdale. BAKER: So you left, you got there at twelve, you left, what time did you leave that ?rst club at? SOARES: I not exactly time, I can?t say exactly time. I was thinking like 11:30, one o?clock, something. I?m not exactly, I ?m not sure exactly. BAKER: So that?s when you went to Automatic Slams? Paae 134 Sworn Statement of Davydson DeOliveira Scares March 27, 2009 Page SOARES: Yes. BAKER: And then what time did you get to, you don?t know what time you get to Automatic Slams? SOARES: No. BAKER: What time did you leave Automatic Slams? SOARES: I?m not. . . BAKER: Not sure? SOARES: No. BAKER: How many drinks did you have at Automatic Slams? SOARES: I?m not sure. I BAKER: You're not. sure. Is that the last bar that you went to? SOARES: The last. BAKER: Where did you go from there? SOARES: Just straight to the car with the ?'iends. BAKER: Okay, and who was with you at the time? SOARES: It?s a true friend, but I can?t nothing because it?s a lot can?t remember nothing after left the club. BAKER: Okay, it?s obvious that I smell alcohol on your breath. You had some drinks last night; do you feel like you?re under the in?uence of any thing? SOARES: No, I?m had a drink last night. Case Number FHP 709:10-013 Page as Sworn Statement of Davydson DeOliveira Soares March 27, 2009 Page 12: BAKER: SOARES: BAKER: SOARES: BAKER: SOARES: BAKER: SOARES: BAKER: SOARES: BAKER: SOARES: BAKER: SOARES: BAKER: SOARES: BAKER: SOARES: case Number FHP 709-1 0-013 How many drinks did you say you had again? i don?t know sir. . You said you had, earlier, ?ve drinks? I don?t know sir. You don?t knowthe bathroom? Yes. So do you did you. . .what happened in the accident? I don?t know, that?s why I want to ask you about it. So you don?t remember anything in the accident? No. Do you remember getting out of your car or anything? No sir. No. What do you remember, if anything? Nothing. You don?t remember anything. Is there anything else that you remember from last night? Where are you originally from? Brazil. Page 136 Sworn Statemmt of Davydson DeOliveira Soares March 27, 2009 Page 13: BAKER: What part of Brazil? SOARES: Rio. BAKER: Uh? SOARES: Rio. BAKER: Rio, and do you have family that lives there? SOARES: Yes. BAKER: And what is the address over there? SOARES: In Brazil? BAKER: Yes. SOARES: It?s it?s not in Rio but it?s like a hundred miles from Rio, it?s my mom and my dad, my son. BAKER: . But how would you sent information to them if you did, what?s the address? How would you sent a letter to them? - SOARES: I don?t have address in my head, I have it at my how, the address. If I say for you I?ll gonna feel shame, I don?t want to do that, you know. BAKER: So everything that you did tonight you paid cash for? SOARES: Yes. BAKER: You said that you parked your car in the parking lot, and is SOARES: I paid ?ve dollars get my car in the parking lot BAKER: It is the structured parking lot where you go up? Case Number FHP 709-10-013 P399 92 Sworn Statement of Case Number FHP 709-10-013 Davydson DeOliveira Soares March 27, 2009 Page 14: I SOARES: Oh, I got the club; the name what?s the name of the club. It was in my head, what?s the name of the club, BAKER: So when you park in the parking lot, you parked you car in the parking lot and you paid ?ve dollars? SOARES: Five dollars. BAKER: And is that the structured parking lot where you go up stairs and park? SOARES: No, no, no, just straight, it?s one ?oor, that?s it in the ?ont of the club. BAKER: Oh, you parked on the bottom ?oor? SOARES: Yeah, bottom floor, just one ?oor. BAKER: Did somebody take your money when you went in at the very beginning? SOARES: Yes, uh huh, yes. BAKER: They did, okay, and that?s right off of Los Olas, where Riverfront is? SOARES: River?'ont, yes. BAKER: Right in that area there, okay, and that?s what on the east side or west side of Andrews? SOARES: Close to Broward Boulevard. BAKER: Close to Broward Boulevard. SOARES: Yes. BAKER: But not on the east side of Andrew Avenue, right? SOARES: No, no, no, no, no. Page 13 Sworn Statement of Davydson DeOliveira Scares March 27, 2009 Page 15: BAKER: Okay. well the time is 6:32, this you have anything else to say' that you want to say? SOARES: No, no, no, no. BAKER: No, okay, this will conclude the interview at 6:32. Case Number FHP 709-10-013 Page