16 17 18 19 23 24 FILED KING COUNTY, WASHINGTON JAN 10 2017 DEPARTMENT OF JUDICIAL ADMINISTRATION SUPERIOR COURT OF WASHINGTON FOR KING COUNTY THE STATE OF WASHINGTON, Plaintiff, . v. No. 16-1-05400-1 SEA . MICHAEL-J ON MATTHEW HICKEY, . Defendant. AMENDED INFORMATION 1, Daniel T. Satterberg, Prosecuting Attorney for King County in the name and by the authority of the State of Washington, do accuse MICHAEL-J ON MATTHEW HICKEY of the following crime[s], which are of the same or similar character, and which are based on the same conduct or a series of acts connected together or constituting parts of a common scheme or plan: Rape In The Second Degree, Rape In The Second Degree, Rape In The Second Degree, Rape In The Second Degree, committed as follows: Count 1 Rape In The Second Degree That the defendant Michael-J on Matthew Hickey in King County, Washington, on or about October 14, 20_ 13, did engage in sexual intercourse with another person named C.W. (DOB under circumstances where C.W. (DOB 10-26-83) was incapable of consenting to sexual intercourse by reason of being mentally incapacitated; Contrary to RCW and against the peace and dignity of the State of Washington. Count 2 Rape In The Second Degree That the defendant Michael-J on Matthew Hickey in King County, Washington, between February 1, 2014 and February 28, 2014 did engage in sexual intercourse with another person named J.J. (DOB 8-8-81), under circumstances where .J . (DOB 8-8-81) was incapable of consenting to sexual intercourse by reason of being mentally incapacitated; Contrary to RCW and against the peace and dignity of the State of Washington. Daniel T. Satterberg, Prosecuting Attorney CRIMINAL DIVISION W554 King County Courthouse AMENDED INFORMATION - 1 516 Third Avenue Seattle. WA 98104-2335 (206) 477-3742 FAX (206) 205-6] 04 Count 3 Rape In The Second Degree That the defendant Michael-J on Matthew Hickey in King County, Washington, on or about August 14, 2014, did engage in sexual intercourse with another person named M.F. (DOB 10-25-96), under circumstances where M.F. (DOB 10-25-96) was incapable of consenting to sexual intercourse by reason of being mentally incapacitated; Contrary to RCW and against the peace and dignity of the State of Washington. Count 4 Rape In The Second Degree That the defendant Michael-J on Matthew Hickey in King County, Washington, on or about October 10, 2009, did engage in sexual intercourse with another person named H.R. (DOB 1-29-83), under circumstances where H.R. (DOB 1-29-83) was incapable of consenting to sexual intercourse by reason of being mentally incapacitated; Contrary to RCW and against the peace and dignity of the State of Washington. DANIEL T. SATTERBERG Prosecuting Attorney By: C's/eta Carla B. Senior Deputy Prosecuting Attorney Daniel T. Satterberg, Prosecuting Attorney CRIMINAL DIVISION - W554 King County Courthouse INF RMATION - 2 516 Third Avenue AMENDED 0 Seattle, WA 98104-2385 FAX (206) 205-6104 CAUSE NO. 16-1-05400-1 SEA SUPPLEMENTAL PROSECUTING ATTORNEY CASE SUMMARY The State incorporates by reference the Certi?cation for Determination of Probable Cause prepared by Detective Michelle Gallegos of the Seattle Police Department for case number 2016-192913. Subsequent to the ?ling of original charges in this case, H.R. (DOB 1-29?83) was interviewed by law enforcement and reported that in 2009, the defendant had sex with her when she was incapacitated from alcohol. She states that -she met the defendant at a bar, he bought her a drink, and she remembers very little after that other than being at the defendant?s house, vomiting, and the defendant putting his penis in her mouth. She made a police report a few days later but it appears it was not further investigated at the time. REQUEST FOR BAIL The State requests bail remain set in the amount of $200,000.00. Signed this day of January, 2017. 6&1, x3. CAL Carla B. WSBA #27521 Senior Deputy Prosecuting Attorney Daniel T. Satterberg, Prosecuting Attorney CRIMINAL DIVISION W554 King County Courthouse Supplemental Prosecuting Attorney Case Summary - 1 515 Third Avenue Seattle, WA 98104-2385 (206) 477-3742 FAX (206) 205-6104 1CAUSE NO. 16-1-05400?1 SEA SUPPLEMENTAL PROSECUTING ATTORNEY CASE SUMMARY The State incorporates by reference the Certi?cation for Determination of Probable Cause prepared by Detective Michelle Gallegos of the Seattle Police Department for case number 2016-192913. Subsequent to the ?ling of original charges in this case, H.R. (DOB 1-29-83) was interviewed by law enforcement and reported that in 2009, the defendant had sex with her when she was incapacitated from alcohol. She states that she met the defendant at a bar, he bought her a drink, and she remembers very little after that other than being at the defendant?s house, vomiting, and the defendant putting his penis in her mouth. She made a police report a few days later but it appears it was not further investigated at the time. REQUEST FOR BAIL The State requests bail remain set in the amount of $200,000.00. Signed this day of January, 2017. @6119, M. Carla B. WSBA #27521 Senior Deputy Prosecuting Attorney Daniel T. Prosecuting Attorney CRIMINAL DIVISION . W554 King County Courthouse Supplemental Prosecuting Attorney Case Summary - 1 515 Third Avenue Seattle, WA 98104-2385 (206) 477-3742 FAX (206)205-6104 CAUSE NO. 16-1-05400-1 SEA SUPPLEMENTAL PROSECUTING ATTORNEY CASE SUMMARY The State incorporates by reference the Certi?cation for Determination of Probable Cause prepared by Detective Michelle Gallegos of the Seattle Police Department for case number 2016-192913. Subsequent to the filing of original charges in this case, H.R. (DOB 1-29-83) was interviewed by law enforcement and reported that in 2009, the defendant had sex with her when she was incapacitated from alcohol. She states that she met the defendant at a bar, he bought her a drink, and she remembers very little after that other than being at the defendant?s house, vomiting, and the defendant putting his penis in her mouth. She made a police report a few days later but it appears it was not further investigated at the time. REQUEST FOR BAIL The State requests bail remain set in the amount of $200,000.00. Signed this day of January, 2017. CA .5. CA Carla B. WSBA #27521 Senior Deputy Prosecuting Attorney Daniel T. Prosecuting Attorney CRIMINAL DIVISION W554 King County Courthouse Supplemental Prosecutlng Attorney Case Summary - 1 516 Third Avenue Seattle, WA 98104-2385 (206) 41'7-3'r'42 FAX (206) 205-6104 CAUSE NO. SEATTLE - GENERAL poucrs CERTIFICATION FOR DETERMINATION 2016-192913 DEPARTMENT OF PROBABLE CAUSE That Michelle Gallegos is a Detective with the Seattle Police Department andhas reviewed the investigation conducted in Seattle Police Department Case Number 2016-192913; There is probable cause to believe that Michael-Jon ?Matt" Hickey (DOB 03-17-1976) committed the crime(s) of Rape in the Second degree (RCW 9A.44.050ii) within the City of Seattle, County of King, State of Washington. ., This belief is predicated on the following facts and circumstances: The following facts are based on the General Offense Report, statements, interviews and investigations related to Seattle Police Report 2016-1929123 (master case), 2016-192956, 2016- 192977, 2016-193983, 2016-21135? and 2009-361339. I was assigned this case on 06-01-2016. At that time, I worked in the Sexual Assault and Child Abuse Unit (SAU) at the Seattle Police Department. Sgt. Bair informed SAU Detective Hatzenbuehler, Detective Jones and myself that she would be assigning us cases that were related. She stated a female complainant, CM (date of birth was reporting sexual assaults to several women in the Seattle area. She stated she was not a victim. She stated a male identi?ed as ?Matt Hickey? was posing as a ?porn? recruiter. CM stated women believed they were auditioning for a porn ?lm. The women were given alcohol and some allowed pictures to be taken of them under the guise that the pictures were for legitimate porn producers and not for distribution and would lead to paying jobs. It was also stated by CM that some of the women may have had sexual contact with Hickey. Sgt. Bair stated there were at least three women identi?ed by CM. She was going to write a general offense (G0) report and assign those three cases to myself, Detective Jones and Detective Hatzenbuehler. 'On June 8th 2016, I learned that the newspaper, The Stranger, had printed an article regarding these stories. The article was about a male, ?Matt Hickey?, who had posed as a female pom recruiter to lure six women to his apartment. The females were told they would audition with Matt Hickey, a photographer. They were also told they would have to have sex with Matt Hickey in order to prove they could do the ?job?. Three of the six women had sex with Matt Hickey. The other three did not. Throughout the investigation, eleven females reported that Hickey had sex or attempted to have sex with him under false pretenses or stated Hickey had sex with them. when they were too intoxicated to give consent. I completed a pc cert on October 2016 which is attached and incorporated herein. A warrant was issued for Hickey?s arrest for three counts of Rape in the second degree. HR is a 31-year-old white female (date of birth 01-29-1983). HR called Sydney Brownstone, the author of the news article about Hickey. HR stated she had reported an incident in 2007 or 2008 about a time when she was at bar and possibly was drugged. Ms. Brown'St?cne- provided my contact information to HR and HR contacted me. Fcrm34.01i06 PAGE 1 OF 3 SEATTLE (6) pence CERTIFICA non FOR DETERMINATION DEPARTMENT OF PROBABLE CAUSE INCIDENT NUMBER 2016-1929 13 UNIT FILE NUMBER I researched and did locate a Seattle Police Department general offense (GO) report listing HR as a complainant. The GO report number was 2009-361339. This incident was reported on 10-13- 2009. The notes for the call was ?meet female on lobby re rape drugged.? The report stated the incident took place at the LoFi bar in the city of Seattle, King county, Washington state on 10-10- 2009. The report was listed as a suspicious circumstanced was not assigned for any follow-up investigation. HR emailed me and later came to the Seattle Police Department headquarters for an interview. She said she met Matt Hickey through an ex-boyfriend. Her boyfriend was a bartender and knew Hickey through the bar scene. She said she recently saw the post about Hickey?s ?audition? story. She said she believed Hickey was ?creepy? but at ?rst was not sure if she wanted to share her story. She decided to come forward. HR told me she had been going to school at Washington State University (WSU). She was introduced to Hickey she believed in 2007 or 2008. In 2009, HR saw Hickey more in group settings. She believed Hickey and another male friend from the group was interested in her, but she was not interested in either one of the males. HR stated one night she was at the Cha Cha bar. There was a group of friends there. Hickey was also there. HR said she noticed Hickey was more ?irtatious with her. He tried to talk her into going to his place. She also said at one point, they were walking and he grabbed her and kissed her while they were in the bar. HR said she was uncomfortable with this and said something like, ?What are you doing?? HR said she was not interested in him and remembered pushing him away. She stated unfortunately, she was very ?con?ict averse? and rather than telling him to ?take a hike and getting out of there? she chose just to be uncomfortable and try to pass of his unwanted advance as a stupid, drunk gesture. HR said she believed that same night after the bar closed, a female (ST date of birth 07-21-1987) came up to HR and told her Hickey was ?dangerous.? HR said in October 2009, Hickey told HR he was going out to a bar called LoFi. HR said in retrospect, she was horri?cally naive. She assumed mutual friends would be there and everything would be ?ne. She stated she knew Hickey was ?irtatious but since she was not interested she did not think she had anything to worry about. So, HR said yes and said she would meet him there. She parked in the Capitol Hill area and went to The Saint and ordered a drink. She was only there for about ten minutes and did not ?nish the drink. Hickey texted HR and said he was almost at the LoFi. HR left The Saint and walked to the LoFi. HR said the event! theme was ?Soul Night?. HR said when she got to LoFi she saw a male she recognized (unknown name). HR said she thought this male was interested in her. They had a brief conversation at the front bar. HR then met Hickey at the back bar, Hickey bought her a drink. She said it seemed like Hickey knew the bartender. said she started drinking that drink and then lost her memory afterwards. (HR said she only had 1-3 drinks that night and she believed that would not have had this effect on her.) HR described some ??ashes? of memory. She said she remembered leaving the bar. She did not have her coat and people were trying to help her. The next ?ash of memory was outside the Form 34.05 area SEATTLE poucg CERTIFICATION FOR DETERMINA no~ DEPARTMENT OF PROBABLE CAUSE NUMBER 2016-192913 UNIT FILE NUMBER getting put in a car. The next ?ash of memory was being in Hickey?s apartment. She remembered hardwood ?oors in a living room. Her next memory was being in bed with Hickey. She did not have any clothes on except her ?spanx? (tight underwear). The bed was against the window and she and Hickey was on half of the bed. HR said the other half of the bed had a towel covering it. Hickey later admitted the towel was covering vomit. Hickey was laying length wise with his head on his pillow. She believed she-remembered he was naked. HR was facing Hickey and Hickey was pushing her head down towards his groin area._ HR said Hickey was touching her sexually at the time. HR realized that momentarily Hickey?s penis was in her mouth. HR said she was disoriented and felt like she was not ?in her body?. She felt dizzy and sick. HR got up and said she wanted to leave. She had to ?nd her clothes and get her clothes on. She saw she had vomited on the bed, on the ?oor and in the bathroom. She said physically it was very hard to walk to her car. She said she felt like a zombie. She said when she got to the car, she knew she could not drive. She sat there for a while. She said she eventually got home and got into bed. She could not even keep water down; she was so sick. She said she was sick for 2-3 days afterwards. HR eventually told her sister what happened. Her sister encouraged her to go to the police to make a report. HR said at some point she told Hickey she felt she had been drugged that night. Hickey said he saw some guy taking her out of the bar and he helped her get away from that male. HR also described Hickey asking her to pose for pictures for him. He said she wanted to take ?artistic? pictures of her. I interviewed several people that'knew HR before this incident, at the time of the incident and after the incident. Their statements were consistent with "statement. Based on the above information, I believe there is probable cause that Michael-J on "Matt" Hickey (DOB 03-17-1976) has committed a fourth count of felonious Rape in the Second degree (RCW 9A.44.050ii). Under penalty of perjury under the laws of the State of Washington, I certify that the fore/going "is true- nd correct to best of my knowledge and belief. Signed. and dated by me this all day of {39ft ain?t/l 2017, at Seattle, Washi ton\ ii Ole lo?l L03 VVUV g! 1 Form 34.05 5:93 PAGE 3 OF