STATE OF MAINE UNIFIED CRIMINAL COURT CUMBERLAND, ss. CRIMINAL ACTION {7 DOCKET NO. CR-I6- 3} STATE OF CRIMINAL FOR V. VIOLATION OF 17--A M.R.S. 0R KNOWENG MEIRDER DAVID PINKHAM DOB: Addxess: \7 Bfidgton, ME Height: 5'07" Weight: 145 Hair: Gray Eyes: Blue ATN NOT 167061B CTN No. 001 Ssqucncc No. 000621 John L. KyleIl 11, Maine State Police Dflecfive. Major Crimes Unit, being first duly sworn, deposes and shat/as upon informafi an and belicfthat: mm M1311 On or about March 5, 2016, in me Town of Sebago. Cumberland County, sum of Maine, DAVID PINKHAM - did intentionally or knowingly cause death of CHARLES CROSS --, an in violafinu of17vA M.R.S. If Co am Sworn to before me this 7 day of March, 2016. STATE OF MAINE UNIFIED CRIMINAL COURT CUMBERLAND, ss. CRIMINAL ACTION DOCKET NO. CR-16 STATE OF MAINE v. PROBABLE CAUSE SUPPORT OF ARREST 0F DAVQD DAVID PINKHAM 4A initial determination of probable cause'j: i TO: Any Iudge of the Unified Criminal Docket: l, Detective John L, Kyle 11, having been duly sworn, depose and say as follows: 1. 1 am a Detective with the Major Crimes Unit of the Maine State Police and have been assigned as primary investigator regarding the investigation of the death of CHARLES CROSS, _ccurring on or about March 5, 2016, at approximately 1155 am, 2. The facts herein stated are based on my personal firsthand knowledge or have been related to me by other law enforcement officers involved in the investigation. 1 My conclusion that such probable cause exists is based on the following factual information: 4. on 3/5/16 at 1242 hours I was contacted by Sgt. CHRISTOPHER of the Maine State Police A Major Crimes Unit. with a report ofa Homicide in Sebago. The case involved a CHARLES and DAVID w. . CROSS was shot while standing in the driveway ofhis home and the suspect, DAVID W. PINKHAM -- had just fled the scene. 5 On 3/5/2016 at 1 155 hours Cumberland County Sherrifi's Office received a 911 call from 311 HANCOCK POND ROAD, The female caller stated that CHARLES CROSS had just been shot in his driveway by DAVID PINKHAM and that PINKHAM had just fled the scene in 13 Purple 2 door, Plymouth Neon driving towards Bxidgton. 6. On 3/5/2016 at approximately 1205 pm. Officer Donald McCormick of Bi-idgton Police Department stopped 3 Purple 2 door Plymouth Neon, bearing Maine registration 7055UW, being operated by DAVID PINKHAM In plain view on the front passenger seat of the Plymouth ms 3 "38 special" revolver type handgun. Officer McCormick took PINKHAM into custody without incident. 10. On 3/5/2016 at 1449 hours I met with DAVID PINKHAM at the Bridgton Police Department. I began a brief interview with in an attempt to discuss the events which had just occurred. After having had his Miranda rights read to him by me PINKHAM declined to answer any further questions and the interview was concluded. was arrested by me and transported to the Cumberland County Jail by Sgt. James Estahrook of the Cumberland County Sherriffs Office. Detective Lauren Edstrom told me the following: On 3/5/ 16 at 1416 hours, I interviewed longtime girlfriend, PAULA SIMONDS. She told me the following: On 3/5/16 at 1130 hours, she was sitting in her living room with CROSS and her grandson} ZACHARY CROSS, age 7. She heard a Car idling so she got up to look out the window. She saw a purple car backed in next to her white car in the driveway with a male known to her as DAVID walking in the driveway smoking a cigarette. She also recognized the car to be PINKHAM's as she had seen him driving it two weeks ago. She told CROSS that PINKHAM was there and went back to her seat in the living room CROSS Waiting for him to come to the door and let him in CROSS and chatted in the kitchen. The house has an open floor plan so SEMONDS could see and hear CROSS and PINKHAM talking in the kitchen while she sat in the living room. She heard them making idle conversation about cars and apartments. She said they spoke in their normal, low voices and that nothing was unusual about his visit. After approximately five minutes, PINKHAM left and CROSS followed as he always does with their guests to walk them outside. She said shortly thereafier she heard a noise that sounded like "pop-pop". She looked out the window and saw CROSS laying in the snowhank. At the same time, she saw PINKHAM get in the driver's seat and drive off towards Bridgton. She did not see anyone else in or around the vehicles. SIMONDS said CROSS is ex-brother-in-law as CROSS was married to sister for over 20 years. They divorced over 20 years ago but PINKHAM and CROSS remained friends. CROSS also maintained a close relationship father, LESLIE ex~farhenlnlaw) until his death four years ago. SIMONDS could give no reason why PINKHAM would Want to kill CROSS On 03/05/16 at i708 hours Det, Michael Chavez spoke to DYLAN DESOUSA- formerly of 1 16 High Street apartment 2 who advised that he was familiar with DAVID PINKHAM. DESOUSA said that two days ago he met with PINKHAM within his apartment to engage in casual conversation. told DESOUSA that he had recently purchased a handgun from a gun shop in Naples about a week and a half ago and then showed it to Desousa. DESOUSA said that the gun was a 38 caliber and held five shells, which PINKHAM removed prior to giving it to DESOUSA. DESOUSA also indicated that PINKHAM felt that people were out to get him and that he carried the handgun everywhere he went. Based on the above facts, I have probable cause to believe that DAVID PINKHAM DOB: 8/17/1948 has committed the crime of intentional or knowing murder, 17-A MRSA 201 (1) (A). I, Detective John L. Kyle II, hereby swear under oath that the information set forth in this af?davit is true and correct to the best of my knowledge, information and belief, and that I make this oath under pains and penalties of perjury. Dete I ive {ohm L. Kyle 11 Mai State Police Maj or Crimes Unit March 2 ,2016 State of Maine Cumberland, SS. The above named, Detective John L. Kyle II, personally appeared before me and made oath as to the truth of the foregoing af?davit Signed by John L. Kyle II. On the basis of the af?davit and materials incorporated herein, I find probable Signed and sworn to before me this date, March 7 Time/0:720a a cause.