Superior Court Of the District of Columbia W?sll) CRIMINAL DIVISION ,a oz W7 AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-02251] 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, Hispanic 7/15/65 5?9? 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 DEFENDANT ?8 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: DATE OF OFFENSE: TIME 01" OFFENSE: 5821 4?h Street NW, Washington DC On or about 2/13-16/09 Unkown CAUTION AND MEDICAL CONDITIONS (CMC): Select a valid CMC code below for wanted person when using the caution indicator. 00 Armed and Dangerous 20 Known to abuse drugs 55 Alcoholic 80 Medication Required 05 Violent Tendencies 25 Escape risk 60 Allergies 85 Hemophiliac 10 Martial Arts Expert 30 Sexually Violent Predator 65 Epilepsy 90 Diabetic 15 Explosive Expertise 50 Heart Condition 70 Suicidal 01 Other Introduction Prior to Saturday, February 14, 2009, Pamela ohnette Butler, a forty?seven year old, petite woman who was 5?3? and weighed 115 pounds, had made plans to take her elderly mother out for a Valentine?s Day dinner. Ms. Butler had planned to bring her then boyfriend, Jose Rodriguez?Cruz, the defendant, to dinner as well. Prior to Valentine?s Day, Ms. Butler had never contacted her mother to change those plans. MS. Butler never appeared for that dinner or was heard from again, despite extensive, well-publicized efforts to locate her. According to her family, this period of absence is unexplained and inconsistent with MS. Butler?s personal habits with her close -knit family. Her family reported that it was her habit to communicate with at least one family member on an almost daily basis and if she were going to leave town, she would have communicated that to her family. Notwithstanding these habits, MS. Butler has not communicated with her fan. ily since February 12, 2009. MS. Butler worked as an IT professional with the Environmental Protection Agency in Washington DC. for several years. She was last seen at her of?ce on Thursday, February 12, 2009. On Friday, February 13, 2009, MS. Butler worked from home. On that Friday, at about noon, she Spoke telephonically to a co? ?worker Thereafter, and ever since, she has been unacc ountably absent from work According to her supervisor, MS. Butler had recently applied to and been accepted In a leadership program with the EPA, and she was very excited about it. Her supervisor described her as a very dependable employee and said it was not like her to be absent from work without an explanation. T0: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: 7/ Jose Angel Rodriguez-Cruz WEI-172 CHARGED WITH: First Degree Murder Wme?t?in?ig SUBSCRIBED AND SWORN BEFORE ME THIS 7th DAY OF A ril 2017 ale/1007M . 744mm 07? 22W ?ilhvl ASSISTANT UNITED 4f 17 '7 l. 30? (DEPUTY CLERK) COURT OF THE DISTRICT or COLUMBIA Form Revision Date: 11?29-06 Page 1 of 29 Superior Court of the District of Columbia CRIMINAL DIVISION AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: 3 '4 (EN {79/7 NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-022 :51 1 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, TATC '08 Hispanic 7/15/65 5 180 BRN Bald MEDIUM ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF OFFENSE: 5821 4th Street NW, Washington DC On or about 2/13-16/09 Unkown To date, MS. Butler has no credit activity in her name, had been absent from all family functions, has not appeared at work, has not contacted her friends or co-workers, has not answered her cellular phone, and has not been heard from since her disappearance in February of 2009. According to 14 DC. Code ?701, a person is presumed legally dead after a period of time in xcess of seven years, unless proof exists that the person is alive within that time period. There is no such proof of life in this case. A sworn af?davit attached hereto as Attachment details efforts to IC cate Pamela Butler via credit reporting and other agencies. TO that end, on July 27, 2016, Judge Keary of the Superior Court of the District of Columbia granted a Petition for Presumption of the Death of a Missing Person, Pamela Ohnette Butler, and a Death Certi?cate for the decedent was issued. In January of 2017, this case was reassigned to the undersigned Detective. Your af?ant is employed as a sworn of?cer with the MPD and has been so employed for approximately 28 years. I have been investigating homicides for over 15 years, and am currently aSsigIIed to the Major Case/Cold Case Homicide Unit. In addition, I have assisted other detectives in hundreds of homicide investigations throughout my tenure as a homicide detective. Background On Tuesday, February 17, 2009, Thelma Butler, the decedent?s mother, contacted several family members after numerous attempts to contact the decedent by phone failed. A family member who used to live with the decedent and had a key to her home, (hereafter W-l) went to the decedent?s home at 5821 4th Street, NW, Washington, DC, noticed that her alarm system was not activated, the doors to the house were locked, and that both Of her ears were present. W-l assumed the decedent had gone away for the weekend with her boyfriend, Jose Rodriguez-Cruz, the defendant. W-l retrieved personal documents IT needed and left the house. Thelma Butler was concerned by W-l ?s report of what IT noticed in the house. Shortly thereafter, W-l and other family members retu] ned to the house in an attempt to determine what had happened to the decedent. The family noticed that a window shade on one of the decedent?s windows had been raised from the bottom. W-l reported that the shade was the type that could either be raised from the bottom or lowered from the top. W-l saw that the shade had been raised from the bottom exposing the lower half Of the window. Thus, the interior Of the house was visible to anyone driving or walking past the house. W-l said that it was not the habit of the T0: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: 1177 Jose Angel Rodriguez-Cruz Michael Fulton "$1272 CHARGED WITH: First Degree Murder SUBSCRIBED AND SWORN BEFORE ME THIS I 1? 7th DAY OF A Ti] 2017 As. NT UNITED 5 TE ATTORNEY 0R COURT ST 4. 77 1717 . :5 f) 0 THE DISTRICT OF COLUMBIA Page 2 of 29 Superior Court of the District of Columbia CRIMINAL DIVISION AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW N0.: i 4 a? NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-02251] 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, )3 Hispanic 7/15/65 5'9? 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 . 703-300?4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF OFFENSE: 5821 4?h Street NW, Washington DC On or about 2/13-16/09 - Unkown decedent to raise this shade from the bottom so as to expose the interior of her house to public view. The family noted that the decedent was security conscious and had a surveillance system installed, However, the Window with shade raised from the bottom, was on the one side of the house which was not monitored by any surveillance cameras. A search of the house by family members revealed that the decedent was not in the house. The of?ce area, which was in a different section of the house than where W?l had earlier retrieved lT?s documents, was in disarray with papers on the ?oor and desk. They also noticed a pair of latex gloves (one on a desk, one on the ?oor) in the of?ce. The decedent?s bed sheets and a blanket were missing from her bed. The family searched the washing machine, dryer, and other locations, but were unable to ?nd the missing bedding. The decedent?s purse was located, but her keys and cell phone were not found. W-l noted that the decedent?s ke ychain contained a house key, several other keys and a fob for her alarm system. W-l noticed that the decedent?s Jaguar was in the garage, but the windows were down and the cover ound. W-l said that it was the decedent?s habit to keep the cover on the car. Family members Viewed surveillance video footage at the decedent?s home from Valentine?s Day weekend and observed the decedent and the defendant entering the decedent? home on Thursday night, February 12, 2009. They noted that the footage revealed that the defendant left Friday morning on February 13, 2009, returned on Friday night, February 13, and then left the house on numerous occasions late at night on Friday, February 13, into the early hours of Saturday, February 14, 2009. The defendant was also observed on the surveillance video at the home several times during the afternoon of February 14, 2009 and on the morning of Monday, February 16, 2009. However, Pamela Butler was not observed leaving the house after she entered it on February 12, 2009, together with the defendant. After viewing the video footage, and noticing the condition of the decedent?s home, Thelma Butler contacted the Metropolitan Police Department (MPD) and reported that her daughter was missing and an investigation began. Initially, this investigation was worked as a missing person?s case. By the second day of the investigation, it was worked as a homicide case. The Crime Scene The decedent?s home was secured and for a period of several weeks, the house was searched and processed for evidence. Neither the decedent, nor her bed sheets and blanket, nor her cellular phone, TO: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: Jose Angel Rodriguez-Cruz . ic ton D1-1272 CHARGED WITH: First Degree Murder aneAr?'A?h?: SUBSCRIBED AND SWORN BEFORE ME THIS .mw ASSISTANT UNITED STATES ATTORNEY 7th DAY OF A ril 2017 JUDGE) (D UTY CLERK) SU OR COURT THE DISTRICT OF COLUMBIA Page 3 of 29 30pm Superior Court of the District of Columbia CRIMINAL DIVISION :5 AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: C93 ?7 NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-02251 1 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, TATOOS Hispanic 7/15/65 5 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703?300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF OFFENSE: 5821 Street NW, Washington DC On or about 2113-16109 Unkown nor her car keys, nor her house keys (which contained keys to the house and fob which controlled the alarm system) were discovered. Numerous items of evidence were recovered. Some of those items included an ADT security surveillance system, a pair of latex gloves, a piece of black plastic (consistent with a black trash bag) recovered from the lower part of the window sill on the outside of the house (not monitored by surveillance cameras) where the window shade had been raised from the bottom, black and white trash bags, car washing materials from the decedent?s driveway, and a piece of black tape on the road at Oglethorpe Street, NW. The decedent?s Jaguar was parked in the garage, but the car cover was on the ground and the windows were rolled down. The decedent?s Mercedes was parked in her driveway. Vehicle Searches In February, 2009, the defendant?s car, a bluish/greenish, small Dodge Neon, was seized and searched. Numerous items were recovered from the car, including plastic trash bags, a white bucket containing cleaning materials, a ?ashlight, and a ball of string. MPD cadaver trained dogs were used to search the defendant?s car. The K-9 cadaver dog alerted on the rear passenger seat and trunk area of the defendant?s car. According to K?9?s dog handler, the dog will only alert to human decay associated with death. A cadaver dog also alerted to the decedent?s Jaguar. Additional K-9 Cadaver Dog Alerts A K-9 cadaver dog alerted to the washer/dryer area of the decedent?s house, and on a red sheet which was draped over folding chairs in the decedent?s garage where she kept her aguar. Search of Defendant?s Home In February, 2009, searches of the defendant?s home at 5201 Seminary Road, Alexandria, Virginia were conducted. Numerous items of evidence were collected and seized, including a DVD entitled FILES EVIDENCE SPEAKS WHEN VICTIMS No keys to the decedent?s home were recovered. TO: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: Jose Angel Rodriguez-Cruz "DEtTM'I?chael Fulton 2 . CHARGED WITH- First Degree Murder Hem SUBSCRIBED AND SWORN BEFORE ME THIS WWril 2017 (JUDGE) (DEP SU ERIOR COURT THE DISTRICT OF COL UMBIA Page 4 of 29 Superior Court of the District of Columbia CRIMINAL DIVISION AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: 95 I4 CCW 4 NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-0222511 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, Hispanic 7/15/65 5 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF OFFENSE: 582l 4?h Street NW, Washington DC On or about 2/13-16/09 Unkown Cellular Phone and Cell Tower Searches A search of the decedent?s cellular phone revealed that her last outgoing phone call was on Friday, February 13, 2009, at 10:56 am and her last sent text was on the same date at 1:58 pm. Cell tower information on the decedent?s phone and the defendant?s phone was also searched and revealed that from Friday, February 13, 2009 until Sunday, February 15, 2009 at 6:18 pm, the decedent?s phone was pinging off of a tower near the decedent?s house. On Monday, February 16, 2009 (three days after her disappearance), at 8:59 am and at 9:00 am, the decedent?s phone was pinging; off of a tower near the defendant?s home at 5201 Seminary Road, Alexandra, Virginia. On Monday, February 16, 2009, at 8:58 am, the defendant?s phone also pinged off of a tower near the defendant?s home. On Tuesday, February 17 through Wednesday February 18, 2009, the decedent?s phone was pinging Off of towers in the Montgomery County, Maryland area, including Seneca Valley Park, and an area approximately one mile from the home of the defendant?s ex-girlfriend. Decedent?s Surveillance System Evidence W-l a family member of the decedent, who lived with the decedent for several years, advised that the alarm system inside of the decedent?s home was operated by a code and by a fob. Ms. Butler kept the fob on her key chain that also contained the keys to the house and a basement gate at the house. W-l said the fob was bigger than the keys and would dangle from her key chain. W?l also said that if the alarm was triggered, the alarm company would phone the decedent, and then W?l. W?l advised that IT was not noti?ed that the decedent?s alarm sounded from February 12, 20C 9 through February 17, 2009. Furthermore, the decedent?s phone records showed that her security cc mpany did not call the decedent during this time period. A check of MPD records show that the poi ice were not dispatched to the decedent?s home for any type of disturbance, including an alarm system alert, during this period. The examination of the decedent?s surveillance system revealed 5 cameras, but only 4 were working.A diagram of the house that depicts each camera is attached hereto as Attachment Camera 1 overlooks the south side of the house and has a view of a back door of the garage leading to a side patio area of the house. Camera 2 is over a back door at the top of some stairs on the back east side of the house. Camera 2 has a view of the stairs and a walk way on the east side of the house. Camera 3 consists of three cameras. Two are on the front door, on the west side of the douse, but only one was working. The third camera is at the basement door on the east side of the ho use. The two working TO: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: Mfr; Jose Angel Rodriguez-Cruz D?etTMi'cha'eFFm??T 31-1272 CHARGED WITH: First Degree Murder SUBSCRIBED AND SWORN BEFORE ME THIS i 7th DAY OF A ril 2017 (Adam Mm ASSIS ANT UNITED STA ATTORNEY (DERUTY 'CLli RK) SUPE OR COURT THE DISTRICT OF COLUMBIA Page 5 of 29 .: We. Superior Court of the District of Columbia CRIMINAL DIVISION AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: ?4 NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09?02251 1 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, TATO 35 Hispanic 7/15/65 5' 9? 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF DFFENSE: 5821 4th Street NW, Washington DC On or about 2113-16/09 Unkown cameras rotate every three seconds between the front door on the west side the house (Camera 3A) and the, basement door on the east side of the house (Camera 3B). N0 cameras. monitor the north side of the decedent?s house, which faces Oglethorpe Street. The north side of the house contains the window with the window shade drawn up from the bottom where the piece of black plastic was recovered. Photographs of each side of the house are attached hereto as Attachments #3 through #11. The system contains motion sensor lights which are automatically activated, but which can be turned off or on by light switches inside of the house. A brief synopsis of some of the activity captured by the system follows: Thursday, February 12, 2009: At 8:44 pm, the defendant is observed on Camera 2 arriving at the decedent?s home. He waits at the house for 30 minutes, until the decedent arrived at 9: 15pm. The motion sensor lights were on and cameras recorded the defendant and the decedent entering the decedent?s home at 9: 16 pm. The defendant used a key to open the gate and front door. The key does not appear to be on a bulky type key ring or chain with anything hanging from it. It appears small enough that it fits between the defendant?s ?ngers. The defendant is wearing a dark colored Windbreaker/jacket with wide white vertical stripes. At 9:48 pm, the front door opens, the decedent picks up and shuts the door. This is the last time the decedent is visible on any surveillance footage. Friday, February 13, 2009: At 9:12 am, the defendant leaves the home, wearing the same Windbreaker/jacket with wide white vertical stripes. At 11:57 am, a mailman puts mail through a mail slot in the front door. TO: WARRANT CLERK PLEASE ISSUE A WARRANT FOR: Jose Angel Rodriguez-Cruz CHARGED WITH: First Degree Murder /Prem?d [?dtfaned) SIGNATURE: Prk?r \Dee?Micliael Fulton 01-1272 SUBSCRIBED AND SWORN BEFORE ME THIS 4&qu WW gladly) ASSISTANT UNITED STATES ATTORNEY (JUDGE) (DEPUTY RK) ERIOR COURT HE DISTRICT or COLUMBIA Page 6 of 29 Superior Court of the District of Columbia CRIMINAL DIVISION 315 CW AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: NAME: NICKNAME: ALIASES: CCN: Rodriguez-Cruz, Jose Angel 09-0221511 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, TATOI Hispanic 7/15/65 5? 9? 180 Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF OFFENSE: 5821 4?h Street NW, Washington DC On or about 2/13-16/09 Unkown At 12:03 pm, the front door opens and a person bends down to pick up the mail. The face of this person is not visible, but it is presumed to be the decedent. The front door then closes. At 8: 18 pm, the defendant appears at the house, using a key that has no dangling objects. At 8: 19 pm, the defendant enters the house with what appears to be two ?owers in a clear plastic bag. At 10:32 pm, the motion sensor light on Camera 3 was activated, but no activty was observed. At 11:30 pm, the motion sensor light on Camera 1 was activated, but no activ ity was observed. At 11:50 pm, the motion sensor light on Camera 1 was activated, but no activity was observed. Thereafter, none of the sensor lights were activated again. Saturday, February 14, 2009 (Valentine?s Day): At 12:48 am, the defendant is seen on Camera 2 walking from the area of the basement door toward the comer of the house not monitored by camera. The motion sensor lights 0:1 Camera 3 do not turn on. At 12:50 am, the defendant is seen walking back toward the basement door. At 1:27 am, the defendant is seen on Camera 2 walking toward the north side of the decedent?s house (which is not monitored by a camera, and which leads to Oglethorpe Street, NW.) with a bag in his hand, coming from the area of the basement door monitored by Camera 3. 1e motion sensor light by the basement door did not turn on. At 1:28 am, the defendant is seen on Camera 2 walking back from the direction of Oglethorpe Street, in the direction of the basement door. He no longer has the bag in his hand. The sensor light at the basement door does not turn on. T0: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: ?2 a m? 5 Jose Angel Rodriguez-Cruz . ichael Fulton CHARGED WITH: First Degree Murder SUBSCRIBED AND SWORN BEFORE ME THIS 7th DAY OF A til 20 7 Await/I4 W, #:27111de #00077 ASSISTANT UNITED STA ATTORNEY 4 (JUDGE) (DEPUTY RK) OR COURT THE DISTRICT OF COLUMBIA Page 7 of 29 Superior Court of the District of Columbia CRIMINAL DIVISION AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: 25 q? NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-02 251 1 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, TATOOS Hispanic 7/15/65 5 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703?300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OI OFFENSE: 5821 4?h Street NW, Washington DC On or about 2/13-16/09 Unkown At 1:29 am, the defendant is seen on Camera 2, walking from the area of the basement door. He walks to the corner of the house not monitored by cameras and goes out of camera View. At 1:30 am, a person is seen on Camera 2, pacing around the corner of the house not monitored by cameras. This person paces for approximately 4 minutes. At 1:34 am, the defendant is seen on Camera 2, walking back toward the basement door. The motion sensor light does not activate at the basement door. At 1:36 am, the defendant is seen on Camera 2 walking away from the area (if the basement door. The sensor light at the basement door does not activate. The defendant appears to have changed his jacket and to have put on a hat. He walks in the direction of the house not monitored by cameras. At 1:36 am, the defendant is seen coming back into camera View from the area not monitored by any camera. He turns around and returns to the unmonitored area. At 1:40 am, the defendant is seen on Camera 2, walking from the unmonitori:d area of the house. He walks toward the basement door, out of view. Again, the motion sensor ligh: does not turn on. At 1:56 am, the defendant walks from the area of the basement door. He is carrying a black bag across his right shoulder. He walks out of camera view to the corner of the house that is not monitored. At 1:58 am, the defendant walks back into camera view from the unmonitored area toward the direction of the basement door. At 2:01 am, the defendant walks back into camera view from the unmonitored area in the direction of the basement door. At 2:24 am, Camera 2 captures two lights coming from the area that is not monitored. These lights appear to be headlights. TO: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: Jose Angel Rodriguez-Cruz . Michael Fulton D1-1272 CHARGED WITH: First Degree Murder SUBSCRIBED AND SWORN BEFORE ME THIS - I- 7th DAY OF A ril 2017 GE) (DEPU COURT IS ANT UNITED ST HE DISTRICT OF COLUMBIA Page 8 of 29 :77 I7 1130??) Superior Court of the District of Columbia CRIMINAL DIVISION a: 02w Vic/Or AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-02115] 1 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, TATOOS Hispanic 7/15/65 5 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: - Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF OFFENSE: 5821 4?11 Street NW, Washington DC On or about 2/13-16/09 Unkown At 2:43 pm, the defendant is seen on Camera 2, coming from the unmonitored area of the house and walking toward the basement door, carrying two bags. At 2:43 pm, the defendant is seen on Camera 3, near the basement door. He arries two bags in his hand and uses keys to open the security gate and the door. It appears that the key he is using is different than the one he used on February 12th and February 13, 2009. This time the key he is using has something hanging on it. At 4:23:08 pm, the defendant is seen on Cameras 2 and 3, leaving the decede nt?s home with a black and white plastic bag. He walks in the direction of the unmonitored area of tile house. At 4:23 pm, the defendant returns to the house and is seen on Cameras 2 and 3 entering the house. At 4:24 pm, the defendant leaves the house with two dark colored bags and walks in the direction of the unmonitored area of the house. At 4:29 pm, the defendant re?enters the house. At 4:30 pm, the defendant leaves the house carrying a blue duf?e bag and walks in the direction of the unmonitored area. At 4:32:06 pm, the defendant re-enters the house. At 4:32:54 pm, the defendant leaves the house and is carrying a white bucket full of unknown items and a vacuum cleaner, and walks to the unmonitored area. This bucket appears similar to the bucket of cleaning materials that was recovered from the trunk of the defendant?s car. At 4:35 pm, the defendant walks back from the unmonitored area and enters the house. At 5:03 pm, the defendant leaves the house carrying a pair of black boots and white shoes, and walks to the unmonitored area. TO: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: Jose Angel Rodriguez-Cruz C?Derm?haei F?I?u??-Izvz CHARGED WITH: First Degree Murder SUBSCRIBED AND SWORN BEFORE ME THIS 7th DAY OF A ril 201 AS STANT STA A TORNEY CLI. SUPERIOR COURT THE DISTRICT or COLUMBIA Page 9 29 4% x7 I . 30pm Superior Court of the District of Columbia CRIMINAL DIVISION AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: 99 If) CL ,4 Cr NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-02251] 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, TATOOS Hispanic 7/15/65 5?9? 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300?4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF OFFENSE: 5821 4?h Street NW, Washington DC On or about 2/13-16/09 Unkown At 5:04 pm, the defendant returns to the house, in the direction of the basement door. At 5:04 pm, the defendant again leaves the house, locks the door and gate. He is carrying ?owers wrapped in clear plastic. It appears that something is dangling from the keys ti 1e defendant uses to lock the gate. At 5:05 pm, the defendant walks to the unmonitored area of the house, carryirg the ?owers. At 10:28 pm, Camera 3 shows a re?ection on the front window of the house cf a person on the porch wearing a dark colored top with a white vertical wide stripe. The window shade blinds are not visible in the window. At 10:29 pm, Camera 3 shows a re?ection on the front window of the house, of the car lights of a car. At 10:43 pm, Camera 3 shows that the window blinds on the front window of the house have been closed. At 10:46 pm, Camera 3 shows what appears to be a ?ashlight emanating from the north, unmonitored side of the house. At 10:54 pm, Camera 3 again shows what appears to be a ?ashlight emanating from the north, unmonitored side of the house. At 11:27 pm, a person walks from the front yard toward the unmonitored side: of the house. At 11:35:03 pm, a dark colored cat runs across the railing on the front porch. At 11:35: 18 pm, two headlights of a car illuminate the front of the decedent?s home. TO: WARRANT CLERK PLEASE ISSUE A WARRANT FOR: Jose Angel Rodriguez-Cruz CHARGED WITH: First Degree Murder C?h?gmedt . i. UNITED TA ES ATTORNEY #7282017 If SIGNATURE: Mich'ael Fulton 01-1272 SUBSCRIBED AND SWORN BEFORE ME THIS 7th DAY OF A ril 2017 I THE DISTRICT OF COLUMBIA Page 10 of 29 Superior Court of the District of Columbia CRIMINAL DIVISION 9, Nd? AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW N0.: NAME: NICKNAME: ALIASES: CCN: Rodriguez-Cruz, Jose Angel 09-022 51 1 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, TATC OS Hispanic 7115/65 5 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF OFFENSE: 5821 4th Street NW, Washington DC On or about 2113-16109 Unkown At 11:35:19 pm, a person walks in the yard from the unmonitored area of the house toward the 4?h Street side of the house. At 11:35:33 pm, a re?ection on the front window of the house of the headlights of a car are visible for 22 seconds. Your af?ant submits that the activity of the defendant on the north side of the house (the unmonitored side) corresponds to the location where the black piece of plastic bag on the exterior window, the same side of the house which faces Oglethorpe Street, N.W., where the piece of black plastic tape was recovered. A neighbor, W-2, reported that IT thought the decedent had a ten ant because IT saw a male who consistently parked his small turquoise or blue car on the Oglethorpe Street side of the decedent?s home. In February of 2009, the defendant drove a bluish/greenish small Dodge Neon. Your af?ant submits further, that the activity recorded indicating a car pulled in and out of the decedent?s driveway is signi?cant because W-3, another neighbor of the decedent, reported that on either Thursday or Friday (February 12 or 13, 2009) during the evening to early night time, IT observed a male subject driving the decedent?s Jaguar. The male pulled in nt of the gate leading to the driveway, got out of the Jaguar, opened the gate, and drove into the decedent?s garage. Thereafter, the garage door closed. IT did not see this male again. At some point after Valentine?s Day weekend, W-3 noticed a police presence at the decedent?s home and learned Pamela BLtler was missing. had a conversation with another neighbor (who is now deceased) about their abservations of the decedent?s Jaguar. recalls the now deceased neighbor saying that IT ught it was odd when IT saw someone washing the decedent?s Jaguar so late at night and in such cold weather. The now deceased neighbor joked that maybe it was a Valentine?s Day present. Your af?ant notes that car cleaning materials were recovered from the decedent?s driveway. Your af?a it notes further that the surveillance cameras do not monitor the driveway area leading to the garage. Sunday, February 15, 2009: No cameras capture the defendant at the decedent?s home. T0: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: Jose Angel Rodriguez-Cruz Det. Mich?=13 Fulton 01-1272 CHARGED WITH: First Degree Murder I SUBSCRIBED AND SWORN 3EF0RE ME THIS MW moo?wm 7th DAY OF UNITED STATES ATTORNEY ?7 1:50pm (JUDGE) (D CLERK) SUP RIOR COURT THE DISTRICT OF COLUMBIA Page 11 of 29 Superior Court of the District of Columbia CRIMINAL DIVISION AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: 90 (a 62W {799 NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-022 51 1 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, TATO Hispanic 7115/65 5?9? 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: 402 DATE OF OFFENSE: TIME OF JFFENSE: 5821 4?h Street NW, Washington DC On or about 2113-16109 Unkown Monday, February 16, 2009: At 7:55 am, the defendant walks toward the basement, coming from the unmonitored area of the house. He appears to look at Camera 2. At 7:55 am, the defendant opens the front gate with a key. He rings the doorbell twice and waits 10 seconds. He the uses keys to open the basement door. These keys are bulky. There is something hanging from the keys. At 8: 15 am, the defendant left the house with two plastic bags and put them in a trashcan along the side of the decedent?s house. At 8: 16 am, the defendant left the house with a white Macy?s bag and a black trash bag, walking in the direction of the unmonitored area of the house. At 8: 17 am, the defendant walked toward the basement door, coming from the unmonitored area of the house. At 8:21 am, the defendant again left the house with a white bag and a painting, and then walked to the unmonitored area of the house. At 8:22 am, the defendant returned to the house. At 8:22 am, the defendant left through the basement door. He locked both the door and the security gate with keys that appear to have something hanging from them. He was hclding a white container in his hand. TO: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: . Jose Angel RodriguebCruz Mae] Fulton D1-1272 CHARGED WITH: First Degree Murder /-ch SUBSCRIBED AND SWORN BEFORE ME THIS 7th DAY OF A ril 017 I eWm ASSIS ANT ED STA SA LORNEY 4/717 [:50 Pm GE) (DEPUTY CLERK) OR OURT THE DISTRICT OF COLUMBIA Page 12 of 29 . AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: Superior Court of the District of Columbia CRIMINAL DIVISION 94 CRIN I499 NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-022 31 1 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, Hispanic 7/ 1 5/ 65 5'9? 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF OFFENSE: 5821 4'h Street NW, Washington DC On or about 2/13-16/09 Unkown At 8:23 am, the defendant walked to the unmonitored area of the decedent?s house. The Defendant?s Statements The defendant made several statements to witnesses, law enforcement officers, and the media, as summarized below. Many of the defendant?s statements are inconsistent with each other and with what is portrayed on the surveillance video footage. Relatives of Decedent W?l phoned the defendant, using a friend?s cell phone, on February 17, 2009, after W-l viewed the surveillance video of the defendant repeatedly leaving and entering the decedent?s home. The defendant answered, but the call was disconnected. Thereafter, the defendant called W-l on W-l?s cellular phone. W-l explained that the decedent was missing and asked what he knew. The defendant said that he and the decedent had broken up and that the last time he saw the decedent was on Thursday (February 12) at about 9:00 pm. The defendant claimed the the decedent was about to go jogging and the defendant left her home. W?l asked why the defendant hadn?t called him to tell him about the breakup. The defendant said that he didn?t have W-l?s phone number. W-l was unsettled by this conversation because the defendant had just called W-l so he must have dad W-l?s phone number. Moreover, W-l said that the decedent did not go jogging alone at night. She had a treadmill in her home. Your af?ant notes that crime scene photos of the decedent?s ho: ne depict what appear to be female running shoes near the decedent?s work-out equipment. Your af?ant notes further that the surveillance footage reveals that the decedent didn?t leave the house to go jogging on February 12, 2009, the defendant spent the night on February 12, 2009 and did not leave 16 house until the morning of February 13, 2009. is another relative of the decedent. Upon learning of what was recorded in the surveillance video and that the decedent was missing, W-4 phoned the defendant and told him IT needed to see him immediately. The defendant gave his address in Virginia. The defendant said that the last time he T0: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: CW Jose Angel Rodriguez-Cruz Wad Fuil?m? tar-Tm CHARGED WITH: First Degree Murder SUBSCRIBED AND SWORN BEFORE ME THIS Aibovml Maids MW .A ISTANT UNITED STATES ATTORNEY . 41:1 17 1150 pm CLE RK) UPERIOR COURT THE DISTRICT OF COL UMBIA Page 13 of 29 Ems? aim. wee-.ww .1 Superior Court of the District of Columbia CRIMINAL DIVISION 3) l/l AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW 0.: NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-022 51 1 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, TATO Hispanic 7/ 15/65 5 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF 5821 Street NW, Washington DC On or about 2fl3-16/09 Unkown saw the decedent was on Thursday, February 12, 2009, when the decedent was getting ready to go jogging. W-4 told the defendant to take his clothes off so that he could examine him for scratches or bruises. The defendant complied. did not notice any scratches or bruises on the defendant. The defendant explained that they had broken up, but that there wasn?t a ?ght. W-4 asked whether the defendant had a key. The defendant said that he did, but was unable to produce it when W-4 asked for the key. W-4 asked the defendant why the decedent?s bed sheets were missing, why the window shade was in the wrong position, and why the decedent?s of?ce was messed up. The defendant said that he didn?t know anything about the window or the office, but that the decedent probably got rid of the sheets because Shewas seeing someone else. The defendant began to cry and said, ?She treated me like shit, but I just loved her. He also said, ?Man, for some reason I can?t get Seneca State Park out of my mind. I keep seeing her in Seneca Park.? The defendant also told W-4 he had killed people when in the military, but he did not kill the decedent. Another family member, spoke with the defendant on February 18, 2009. The defendant told W-5 that the last time he saw the decedent, was on Thursday, February 12, 2009, when he was talking to her through the front door. He said she had on a jogging suit and was putting on tennis shoes. Your af?ant notes that the video surveillance footage from February 12, 2009 through February 16, 2009 does not depict the defendant and the decedent talking through the front door, The defendant told W-S that he and the decedent had an argument and they had broken up, that he found a condom in her home, and that she was probably seeing someone else besides the defendant. asked him for the key to the decedent?s home. He said he couldn?t ?nd it, but would provide it when he did. Your af?ant notes that the decedent?s house key was not recovered during a search of the defendant?s home. Likewise, a used condom was not recovered during a search of the decedent?s house. Law Enforcement On February 18, 2009, MPD Detectives interviewed the defendant. When they met him at his home, without being asked, the defendant stated that he would provide blood, DNA and allow Of?cers to check his home and car. During his subsequent interview at MPD, he said that he and the decedent had been dating for several months, and the relationship moved fast, developing into a committed relationship. He said she gave him a key to her home, but not the alarm code. He said he was familiar T0: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: 2% Jose Angel Rodriguez-Cruz et. Michae ulton D1-1272 CHARGED WITH: First Degree Murder ?rmed SUBSCRIBED AND SWORN BEFORE ME THIS k. 7th DAY April 2017 #419074? ASSI NT UNITED STATES ATTORNEY (DEPUTY RK) SUP COURT 4., f7?) 7 . 5010 0?7 OF THE DISTRICT OF COLUMBIA Page 14 of 29 Superior Court of the District of Columbia CRIMINAL DIVISION AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: 93 I NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-022 51 1 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, TATO Hispanic 7/15/65 5?9' 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Dn?ve Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF 5821 4?h Street Nw, Washington DC On or about 2113-16109 Unkown with the alarm system. He complained that the decedent was abusive and cont rolling. He alleged that she demanded power of attorney over him, access to his bank account information and his email addresses and passwords. He said he complied. He said he came to the decedent?s home on February 12, 2009, cleaned her house for her and found a used condom under her bed. He claimed he didn?t use condoms. The defendant said he did not confront her and just threw it in the trash. Your af?ant notes that no used condoms were discovered during the search of the decedent? home. The defendant also claimed that he found a condom wrapper in the decedent?s home earlier in the week, but again said that he did not confront her about it. He said he arrived at her home on Friday, February 13, 2009 at 9:00 pm and that she was abusive, cruel and angry, and confronted him about an email he had sent to his ex-girlfriend. He said she brought up every little thing that he had done. He said she ?would chop him down.? While saying this, the defendant was intensely miming slicing motions with his hands. He said he brought up the used condom and condom wrapper. He claimed that the decedent compared him to another man, telling him things like ?you?re a punk; you?re not a real man; you aren?t shit, and I need to be with a real man.? The defendant claimed he did not raise his voice and that he was very submissive. He said they decided to break up because the decedent gave him an ultimatum to cease communicating with his ex-girlfriend?s daughter. He claimed the decedent went upstairs and began throwing things he gave her into the trash. Your af?ant notes that a Valentine?s Day card from the defendant to the decedent was recovered from a trashcan in an upstairs bathroom. The defendant said he did not follow her upstairs. He said she told him to get his things out of her house and leave. He asked for his gold coins and his rare foreign money. She told him that she would give him that after he brought her things to her that she had left at his home. He said he walked outside several times during this argument to clear his head. He said he left her home no later than 1:00 am, and that the last time he saw her, she had on a sweat suit and was putting on her tennis Shoes. He alleged that she had a ?brick of weed? and a gun in the house. It should be noted that W-l rejJOrted that the decedent did not use marijuana and did not have a gun. According to W-l, the defendant had a gun and showed it to W?l and told W-l how to use it. Thereafter, W-l said IT complained to the decedent about the defendant having the gun in the house. The decedent acknowledge that the defendant had a gun in the house and assured W-l that she would make the defendant take the gun out of the house. Neither marijuana nor a gun was recovered from the search of the decedent?s house. TO: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: Jose Angel Rod?z?Cruz Det. 01-1272 CHARGED WITH: First Degree Murder SUBSCRIBED AND SWORN BEFORE ME THIS 7th DAY OF 1. April 2017 . MW M) MIC/(lemma 71s ISTANT UNITED STATES ATTORNEY GE) (DEP LE RK COURT 4/7 [7 I 2 30 THE DISTRICT or COLUMBIA Page 15 of 29 .. .4 4m. .A Superior Court of the District of Columbia CRIMINAL DIVISION 9t! 14 AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-022 51 1 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, TATOOS Hispanic 7/15/65 59' 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy DriVe Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF OFFENSE: 5821 4111 Street NW, Washington DC On or about 2/13-16/09 Unkown During his February 18, 2009 interview, the defendant said on Saturday, February 14, 2009, he went to his ex-girlfriend?s house in Maryland, spent the night and left the following Sunday. He provided. the name and address for his ex?girlfriend in Montgomery County, Maryland. He also said he returned to the decedent?s home on February 14, 2009 and returned some of her property and picked up the rest Of his things around noon. He noticed that 3 bags of trash which he had seen in the decedent?s home on February 13, 2009 were gone. He said he made 4 or 5 trips to the house to get his property and return her belongings. The defendant also said that he had serious issues from his time in the Army and he has killed people while in the Army. He stated he suffers from PTSD. He stressed that he never got "pissed" and ?did not ?ick Off? and he never raised his voice. He also said that his argument wi :h the decedent was the worse argument he ever got into. He said it made him feel like he was on the Titanic and it was sinking. He also said he did not allow people to trigger his emotions. Your a1 '?ant notes that a US. Army record for the defendant dated April 29, 1988 reveals that it was recommended that the defendant be discharged from the US. Army because he had multiple violations during a short time span of the Uniform Code of Military Justice, was enrolled in a Domestic Violence Containment Program, and because his ?Mental Status Evaluation reveals that PFC Rodriguez has a Personality Disorder of the Mixed Type (DSM 111 301,83) with histrionic, impulsive and borderline features, with unpredictable behavior, inappropriate and intense anger which lead to antisocial acts.? During a ride home from this interview, the defendant told a detective that he had a dream that he was with the decedent in a park in Montgomery County (SenecaPark) and that he thought that was where the decedent was now. Thereafter, the detective phoned the defendant and attempted to get more information about the dream he said he had. The defendant said in his dream he was driving the decedent?s Jaguar and he and the decedent were walking next to an entrance/mil at Seneca Valley Park. The defendant declined to show the detective where in the park he had dreamed he had seen the decedent. The defendant also said that he did not do anything to the decedent and that the detective would not ?nd his DNA or evidence against him. On February 19, 2009, the defendant was re-interviewed by MPD detectives. He said that the decedent belittled him in public, referred to him as a ?fucking idiot,? a punk, and said she should have stayed TO: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: Jose Angel Rodriguez-Cruz Det. Mich'?ilFult?i? [Ir-?n CHARGED WITH: First Degree Murder WA SUBSCRIBED AND SWORN BEFORE ME THIS 7th DAY OF A ril 2017 (5:32.527 vim 41m) gist? c: ML 03/? 0'77 -. ss1 TANT UNITED STATES ATTORNEY .. (JUDGE) (DEPUTY LE RK) SUPERIO OURT 3 7 3 THE DISTRICT OF COLUMBIA Page 16 of 29 7/ . pm Superior Court of the District of Columbia CRIMINAL DIVISION . a) CHEW 75/9 AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-022 51 1 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, TATO OS Hispanic 7/15/65 5?9? 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF OFFENSE: 5821 4?h Street NW, Washington DC - On or about 2/13-16/09 Unkown with her old boyfriend because he was a real man. He talked about their ?nal argument and said all he could do during the argument was ?Sit there while tears came into his eyes.? He said, ?She cut into me like a chain saw massacre.? He said she kept saying stuff and that he was numb and couldn?t process everything. He claimed he was afraid of the decedent and that she was cold. When asked about his dream, he said he and Pam Butler were jogging at Seneca Park. He reiterated that during this argument he never raised his voice, argued back with her or hurt her. He denied taking her body through the window with the raised shade. He said he was glad there was a camera system because it would show they did not leave together. He said it was odd that the sheets we re not on her bed and that the bed wasn?t made. He said the decedent was a creature of habit and did her laundry on Fridays. He was unable to produce the key that the decedent had given him. He said he 1e: her home at midnight on Friday, February 13, 2009. He said he looked at the clock on the stove when he left. Then he said it was no later than 1:00 am on Saturday, February 14, 2009. He voluntarily gave the MPD permission to search his car, his home, his phone and he agreed to provide a buccal swab of his DNA. He gave detectives contact information for his ex-girlfriend. Defendant?s Ex-Girlfriend On February 19, 2009, the ex?girlfriend of the defendant, told law enforcement of?cers that the defendant came to her home in Montgomery County, Maryland on Saturday, February 14, 2009 at 5:00 pm. At one point, she said he left on Saturday at about midnight. At another point, she said he spent one night at her apartment on either Saturday, February 14 or Sunday, February 15, but she was not sure which night. She said that on Saturday, he brought a teddy bear for her daughter and two roses for W-6. The defendant told W-6 that he found a condom at the decede 1t?s house and they got into an argument. He also told her that they argued about W-6 and daughter and that the decedent gave him an ultimatum about and her daughter. said that the defendant had not seen her or her daughter in? 6 months prior to February 14, 2009. W-6 also sad that she knew the defendant had a gun. said that the defendant phoned her several times on February 19, 2009 and told her that he was talking to the police.W-6 said that the defendant did not come to her home for the last three days (February 16, 17, or 18) prior to the February 19, 2009 interview. I TO: WARRANT CLERK SIGNATURE: . t" .7 ?c?ad Fulton [7171272 PLEASE ISSUE A WARRANT FOR: Jose Angel Rodriguez-Cruz CHARGED WITH: First Degree Murder (Fawn-lazing) ASSISTANT STATES ATTORNEY 4/7/5017 THE DISTRICT OF UMBIA Page 17 of 29 1330900 Superior Court of the District of Columbia CRIMINAL DIVISION 26 V) QQ 17 gel AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-022 511 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, TATOOS Hispanic 7/15/65 5? 9? 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF OFFENSE: 5821 4?h Street NW, Washington DC On or about 2/13-16/09 Unkown On February 20, 2009, W-6 was re-interviewed at her home. W-6 said that the defendant was at her home during this interview, in a back room. W-6 said that the defendant called her on February 13, 2009 and asked her if he could come to her home. She said that she and the defendant had broken up in June or July of 2008. She said he arrived at her home on Saturday, February 14, 2009 between 3:00 and 3:30 pm, but she was not certain about the time. She said he spent the night at her apartment on either Saturday, February 14 or on Sunday, February 15, but she could recall which night. She said whichever night he spent there, he slept on the couch. On March 9, 2009, was re-interviewed. W-6 said that she used to live with the defendant in Falls Church, Virginia until they broke up in June of 2008 because he had a problem performing sexually. She said neither she nor her daughter had seen the defendant from June of 2008 to February 14, 2009. She said the defendant arrived at her home on Saturday, February 14, 2009 in the afternoon. She said they remained in the apartment all day and night and the defendant slept on the couch. They spent the following day together and only left the apartment to go to the grocery store. She was uncertain . whether the defendant spent Sunday night at her apartment. She said the defendant slept late that Sunday. In December of 2010, gave law enforcement a log of dates and times in February of 2009 that the defendant had visited her. said that the defendant was present when she created this log and that he helped her write it. This log indicated that the defendant came to her home on Saturday February 14, 2009 at 5:30 pm and then left on Sunday, February 15, 2009 at 3:30. W?46was asked why she wrote on her log that the defendant spent the night at her house on February 14, 2009, when she told the police that she could not remember whether he spent the night on the 14th or the 15. She said she still could not remember whether he spent the night. The log also indicated iat the defendant returned to her house on Monday February 16, 2009 and left on Tuesday February 17, 2009 at 9:00 am. W-6 denied that the defendant had ever threatened her or abused her. Your af?ant notes that the con?icting statements by W-6 about when the defendant was with her were compared with the surveillance activity at the decedent?s home. The cameras depict the defendant leaving the home of the decedent at 5:04 pm on February 14, 2009, carrying what appear to be two ?owers. Thus, the defendant could not have arrived at W?6?s home on February 14, 2009 at 5:00 pm TO: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: Jose Angel Rodriguez-Cruz . ultonW CHARGED WITH: First Degree Murder /i>ne.meci SUBSCRIBED AND SWORN BEFORE ME THIS . 7th DAY OF Ari 2017 ISTANT UNITED STATES ATTORNEY UJUDGE) (DEPUT CLERK) SUPERIOR COURT - 30 or THE DISTRICT OF COLUMBIA Page 18 of 29 17 1. pm alts? Superior Court of the District of Columbia CRIMINAL DIVISION 90! [q AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-022 51 1 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, TATC OS Hispanic 7/15/65 59' 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF OFFENSE: 5321 Street NW, Washington DC On or about 2113-16109 Unkown or between 3:00 and 3:30 pm. While W-6 could-not be certain whether the defendant spent the night on February 14, or February 15, 2009, by the time the defendant helped W-6 with the log, it appears to be an attempt to give the defendant an alibi for the night of February 14, 2009. The signi?cance of this apparently orchestrated alibi evidence is that the surveillance activity at the decedent?s home on February 14, 2009 at 10:28 pm, shows a re?ection on the front window of the. decedent?s home of a person on the porch wearing a dark colored top with a white vertical stripe on it which appears to be the same Windbreaker/j acket the defendant was wearing at the decedent?s horse on February 12, 2009 and on February 13, 2009. Statements to Reporters On February 18, 2009, the defendant was interviewed on the telephone by a former reporter employed by ABC News. The defendant con?rmed that he and the decedent were supposed to take Thelma Butler to dinner on Saturday, February 14, 2009, but said that he and the decedent had parted ways and had broken up. He said he had a bad feeling that something bad had happened to the decedent. He also added that the decedent had told him, feel like going away.? Shortly after making these statements, the defendant agreed to do an on camera interview. He denied having anything to do with the decedent?s disappearance. He said he suffered from PTSD due to his prior military service, but denied ever losing his temper or ever being charged With domestic violence while he was in the military or after being discharged. In an article published in the Washington Post on November 23, 2009, the defendant said that he got PTSD while serving in the military in Peru, Columbia, El Salvador, Guatemala and Panama. He also claimed that he had been demoted from a sergeant to a private ?rst class near the end of his enlistment for having a romantic affair with a fellow serviceman?s wife, and that he had received an honorable discharge. He also alleged that an ex?wife ?falsely accused? him of abuse, it. eluding kidnapping. The defendant?s military and criminal records reveal otherwise. His army records reveal that he was stationed in the Honduras in 1986 and in Panama in late 1986 and 1987. His military records are silent about any service in Peru, Columbia, El Salvador and Guatemala. His military records also reveal that the defendant was never a sergeant in the United States Army. The highest rank he received was SPC T0: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: . Jose Angel Rodriguez-Cruz DWFM CHARGED WITH: First Degree Murder MCAWCS SUBSCRIBED AND SWORN BEFORE ME THIS AWWM ?10,112? DAY OF E?mgo ASSISTANT GE) (DEPUTY CLERK) SUPERI COURT . THE DISTRICT OF COLUMBIA Pa 19 of 29 ?7 [1?7 50 Superior Court of the District of Columbia CRIMINAL DIVISION AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: a [7 NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-0221311 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, Hispanic 7/15/65 59? 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 BUSINESS ADDRESS: 7 TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF OFFENSE: 5821 4?h Street NW, Washington DC On or about 2/13-16/09 Unkown which stands for specialist private ?rst class. An SPC is one of four junior en iisted ranks in the United States Army above private ?rst class and is the equivalent in pay grade to a cc rporal, not a sergeant. Moreover, as set forth above in this af?davit, the defendant did not receive an honorable discharge from the United States Army. He received a general discharge under honorable conditions. Indeed, he even signed a form admitting that he understood that he could ?expect to encc unter substantial prejudice in civilian life if a general discharge under honorable conditions? was issued to him. In December of 2011, TV One aired a program called Find Our Missing. The defendant appeared on this program and said, ?Post Traumatic Stress Disorder, it still says with you. You almost get a sense of paranoia, you know. And you do things, that when you come back you kind of surprise yourself.? The Defendant?s Record According to a report from the defendant?s Army records, on February 11, 1988, the defendant was placed in a Domestic Violence Containment Program with Family Advocacy after his ?rst wife, Marta H. Rodriguez, alleged that the defendant assaulted her. He was ordered to stay away from his wife and have no contact with her. According to another report from the defendant?s Army records, on February 14, 1988, the defendant violated the above-mentioned stay away order. According to a Report of Mental Status Evaluation dated April 22, 1988, from the defendant?s Army records, a wrote, ?It has been evident that there have been recurrent situational crises, impulsivity and chronically unstable interpersonal relationships and unprediCLable behavior which is potentially physically self-damaging. mood, inappropriate and intense anger and lack of control of anger. Antisocial acts have been more common of late. Recent difficulties with military discipline leading to angry outbursts of behavior and speech, threats of suicide and possibly harming others led to his being hospitalized. . .He shows no evidence of mental disease or defect and he is, therefore, cleared for any administrative action deemed appropriate by command. This condition does not warrant disposition through medical channels.? T0: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: Jose Angel Rodriguez-Cruz Det. Michael Fulton Eli-2;, CHARGED WITH: First Degree Murder SUBSCRIBED AND SWORN BEFORE ME THIS I 7th DAY OF Apri I. ,4 1701 I [ll ASS UNITED ATE I - 1 OF COLUMBIA Pa 20 29 4ft] "7 it 30 OF DISTR CT . ge Superior Court of the District of Columbia CRIMINAL DIVISION 7 AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: a NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-022 51 1 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, TATOOS Hispanic 7/15/65 5?9? 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF OFFENSE: 5821 4?h Street NW, Washington DC On or about 2113-16109 Unkown On February 21, 1989, the defendant was indicted in the Commonwealth of Virginia, Arlington, Virginia, for the November 18, 1988 malicious wounding in case CR-89-251. According to the indictment, the defendant maliciously stabbed, cut and wounded his victim .th intent to maim, dis?gure, disable or kill. On June 13, 1989, the defendant entered a guilty plea to the lesser included offense of assault and battery. He was sentenced on November 3, 1989. On February 23, 1989, the defendant?s ?rst wife, Marta H. Rodriguez, came to the Arlington County, Virginia Police Department and reported that she had been beaten by the defendant. She advised that the while driving on Route 7 in Virginia, her husband grabbed her hair and slammed her head into the passenger window two times. She said this has happened before and she asked for help. She also alleged that she had recently learned that the defendant was married to another woman while he was married to her. She was able to provide the name of this second wife and the date of this additional marriage because she said she had seen the marriage license. The of?cer who took the report referred her to the police department in Fairfax, Virginia due to the location of this assault. On March 29, 1989, on Wilson Boulevard in Arlington, Virginia, an Arlington County police of?cer saw the defendant trying to force his ?rst wife, Marta H. Rodriguez, into a car. While running to assist Mrs. Rodriguez, the of?cer saw the defendant punch her in the stomach. A passerby assisted and jumped on the defendant. The officer separated the defendant and the passerlzy and ordered the defendant to the ground. The defendant refused and became combative. The of?cer was able to handcuff the defendant and call for assistance. Marta Rodriguez told the of?cer that her estranged husband was waiting for her outside of her home when she left to go to work He grabbed her from behind and said, ?I?ve got a gun and you?re coming with me.? She cried out 10r help when the of?cer intervened. She explained that she had just escaped from the defendant after having been held as a hostage at a motel, the Virginia Inn on Richmond Highway in Fairfax, Virgiria. She said that the defendant pulled a knife on her on March 28, 2009, taped her mouth shut and bound her hands with rope. He cut the rope bindings off of her when he took her into the motel room, and then held her there overnight. During the course of the night, several failed attempts were made by the defendant to force intercourse with her. Failing at this, the defendant forced her to watch as he masturbated. The following morning, he drove her into the District of Columbia, where she was able to escape until he caught up with her again in Arlington when she left her home to go to work. The defendant was TO: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: Jose Angel Rodriguez-Cruz ael FultonZDl'd?T/ CHARGED WITH: First Degree Murder SUBSCRIBED AND SWORN BEFORE ME THIS 7th DAY OF Ann] 2 7 MM, Wade Wm ASF1ETANT ITNITED STATES ATTORNEY WEDGE) (DEPUTY CLE RK) SUPE 4 HE [1'7 30 DISTRICT OF COLUMBIA Page 21 of 29 I AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: Superior Court of the District of Columbia CRIMINAL DIVISION 91m cent/17?? NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-022 51 1 521241 SEX: Hispanic 7/15/65 5?9? 180 BRN Bald MEDIUM DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, TATO OS HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF OFFENSE: 5821 4m Street NW, Washington DC On or about 2113-16109 Unkown charged, advised of his rights, waived his rights and confessed to kidnapping his wife on March 28, and attempting to do it yet again on March 29, 1989. He described the wide tape he used on her mouth and the rope he used to tie her hands. He said these items were still in his car. The defendant?s car was located and twine and black electrical duct tape were observed in plain view inside of his car. Upon his arrest, the knife he used on March 28, 1989, was recovered from his. coat pocket. The arresting of?cer advised that the defendant said words to the effect of, ?If I can?t have her no one will. She?s mine.? When asked what he meant, the defendant said words to the effect of, would see herself and me dead before she was with anyone else.? Your af?ant learned that Marta Rodriguez was dating another man during this period. During his interview, the defendant was crying and rambling about having been ordered to kill innocent civilians in El Salvador while in the military. A court date was set for a hearing involving the case against the defendant for assaulting and abducting his wife, Marta H. Rodriguez on May 18, 1989. On that date, Mart 1 H. Rodriguez failed to appear in court and the charges were dismissed. Seven days later, Marta H. Rodriguez was reported missing by her roommate who said that the last time she saw her, Marta was on her way to work. She never arrived at work. Initially, this disappearance was investigated as a missing person case. In October of 2000, a Metro Dade County, Florida detective reported that he made contact with someone who identi?ed herself as Marta Haydee Rodriguez and who gave a prior address in Virginia. Virginia authorities closed their case, believing the defendant?s ?rst wife had simply relocated. In 2017, it was determined that the prior address identi?ed to the Florida detective did not belong to Marta Haydee Rodriguez. Rather, that address belonged to the defendant? 5 second wife. A photo identi?cation card was issued to a woman claiming to be Marta Haydee Rodriguez in Florida on August 26, 2000. A copy of that photo ID was obtained in 2017 and a witness advised that the photo was not of Marta Haydee Rodriguez, but rather was of one of the sisters of the defendant?s second wife. As set forth below, this witness informed law enfrocement that the defendant told his second wife?s sister that she could use Marta H. Rodriguez?s identity and provided her with Marta Rodriguez?s date of birth and other information after Marta H. Rodriguez was reported missing. W-7 was contacted in 2017 and said that in 2000, IT lived at the same address in Florida which had been falsely provided to the Metro Dade County detective in 2000, by the woman purporting to be TO: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: XWD Jose Angel Rodriguez-Cruz Det. Michael F?ultou 01- 1272 CHARGED WITH: First Degree Murder SUBSCRIBED AND SWORN BEFORE ME THIS - a?umnamr STANT UNITED STA ATTORNEY (JUDGE) (DEPUTY CLERK) SUPERIOR COURT THE DISTRICT OF COI. UMBIA Page 22. of 29 . 30 (5 Superior Court of the District of Columbia CRIMINAL DIVISION 30 AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW N0.: (4 C2 NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez?Cruz, Jose Angel 09-02251 1 521241 SEX: RACE: DOB: HGT: WOT: EYES: HAIR: COMPL: SCARS, MARKS, TATOOS Hispanic 5165 5?9? 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF OFFENSE: 5821 4?1 Street NW, Washington DC On or about 2113-16/09 Unkown Marta Haydee Rodriguez. said that in 2000 IT also had the same phone number which had been falsely reported to the Metro Dade County detective by a woman purporting to be Marta Haydee Rodriguez. said that IT lived alone in 2000 and IT did not know anyone by the name of Marta Haydee Rodriguez. W-7 also said IT did not know the defendant. Your af?an': contacted relatives of Marta Haydee Rodriguez who report that they have not seen or heard from Marta Rodriguez in over 28 years. They reported further that they spoke with Marta Haydee Rodriguez a few days before she was reported missing and that she told them she was excited because she had a new job, a new home, and was coming to Puerto Rico to pick up her young child and bring him back to Arlington to live with her. It should be noted that this young child was the biological son of the defendant and Marta Haydee Rodriguez. A 2017 search of all data bases was conducted and Marta Haydee Rodriguez could not be located. Your affiant is working closely with Virginia law enforcement of?cers who have reopened their case and are investigating the disappearance of Marta Rodriguez as a ho micide. In February of 2000, a security vehicle owned by an apartment complex in Alexandria, Virginia, was reported as stolen from a parking lot at the complex. The defendant was arrested while driving the stolen vehicle in the District of Columbia on July 26, 2000. The case was no?papered. On October 3, 2000, the defendant was arrested in Alexandria, Virginia in case 00014155 for grand larceny auto for stealing the same vehicle. On January 25, 2001, the defendart entered a guilty plea to this offense. On February 11, 2000, a protection order was issued against the defendant restraining him from assaulting, threatening, abusing, harassing, following,interfering 0r stalking his second wife in Monmouth County, New Jersey. On December 12, 2002, another protection order was issued against the defendant restraining him from assaulting, threatening, abusing, harassing, following, interfering, or stalking his second wife in Neptune Township, New Jersey. TO: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: Jose Angel Rodriguez-Cruz Det. Michael Fulton 01-1272 5 CHARGED WITH: First Degree Murder SUBSCRIBED AND SWORN BEFORE ME THIS 7th DAY OF A ri 22;] MW [#011 fua?g EL My?) ASSISTANT UNITED TES ATTO "H?7ll'7 1'60 pm JUDGE) (D PUTY CLERK) SUPERIOR COURT THE DISTRICT OF COI. UMBIA Page 23 of 29 Superior Court of the District of Columbia CRIMINAL DIVISION SO 0901/ ?qu AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-022. 31 1 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, Hispanic 7/15/65 59? 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: 1 Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF OFFENSE: 5821 4?h Street NW, Washington DC On or about 2/13-16/09 Unkown On December 21, 2004, the defendant was arrested for receiving stolen goods in Prince William County, Virginia. The defendant pleaded guilty and was sentenced on February 23, 2005 in case GC04011 168?00. On March 10, 2014, a woman who worked with the defendant obtained a civil protection order against him in Fairfax County, Virginia General District Court in case number GV14I )03046-00 after the defendant threatened her. This woman alleged that the defendant?s Violent rages were increasing in frequency. The defendant told her he was suffering from PTSD since he serv :d in the military some 30 years ago. He said he served in Special Operations Events in El Salvador and that he had blood on his hands. She said he had received mental health treatment and medication and that in 2013 he was found wandering the highway in a fugue state. She also said that staff had alleged that the defendant said he would use his concealed gun if needed and that it would be a stress reI iever just to kill anyone who bothered him. According to an eyewitness to these threats, W-8, the defendant was a violent person, who talked about killing people while in the military. W-S said that memory of these events are not good, but that IT had provided information when a report was made about this incident. According to the report obtained by your affiant, the defendant got into an argument with his boss on February 28, 2014. During the argument the defendant said, will hurt [the boss] if she messes with me. Anyone who hurts me will hurt so badly they will never get over it. I am boss here not [the boss]. I will destroy her if she messes with me.? On March 6, 2014, another incident took place at work. The defendant was quoted as saying, will hurt her. I will destroy [the boss] and her business. She better not be alone in the of?ce or I?ll take her down. [The boss?s] life will be a living hell if she causes me any trouble.? Tips Following media reports about the disappearance of Pamela Butler, several tips were received and investigated. On February 20, 2009, one person who did not know the decedent, reported that IT saw a woman who looked like a photograph of Ms. Butler which was aired on a news broadcast, at a 7?11 store at 218 Cedar Street, N.W., on February 17, 2009, between noon and 2:00 pm. Video footage from the store was obtained for February 17, 2009 from 11:00 a.m. to 3:00 pm. No one shown in the digital recording TO: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: Jose Angel Rodriguez-Cruz DEE Fulton CHARGED WITH: First Degree Murder SUBSCRIBED AND SWORN BEFORE ME THIS - SSISTANT UNITED STA A TORNEY Won) CLERK_Apn1 Mm A DISTRICT OF COLUMBIA Page 24 of 29 1.150907 Superior Court of the District of Columbia CRIMINAL DIVISION AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: a) Claw CT NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-0225 1 1 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, TATOOS Hispanic 5165 5 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF OFFENSE: 5821 4?h Street NW, Washington DC On or about 2/13-16/09 Unkown obtained from the store was identified as the decedent, however the faces of customers inside of the store were not very clear on this video. This witness was re-interviewed in 202.0 and explained that IT had never met Pamela Butler and while IT saw a woman at the 7-11 who physically resembled the photograph of Pamela Butler which was aired by the media, the woman at the 7?11 might not have been Pamela Butler. W-l self-reported that IT also had an argument while IT was living with the decedent about an electric bill, a few weeks before February 17, 2009. W-l said that IT left the decedent?s home after the argument to let things calm down and planned to return to live with the decedent and had left most of belongings at the decedent?s home. W?l said that this had worked in the past when they had similar familial arguments. Accordingly, W-l was investigated and the surveillance videos were examined extensively to determine whether W-l entered the decedent?s home from the time the defendant and the decedent were observed entering the decedent?s home on February 12, 2009 through February 16, 2009. There was no such evidence. Indeed, W-l was corroborated by the surveillance videos when IT was observed entering the decedent?s home on February 17, 2.009, in an effort to ?nd Pamela Butler. Moreover, W-l alerted other family members to what IT saw when IT entered the home on February 17, 2009. During a canvass of a Silver Spring, Maryland apartment complex, a woman told MPD of?cers that she saw a woman who looked like Pamela Butler with suitcases in the apartment complex around the time that the decedent was reported missing. This woman did not know the decedent. No evidence was developed which linked the decedent to this complex. On June 18, 2009, a Prince George?s Extra edition of the Washington Post reported that the body of the decedent had been recovered from a ditch in the 3400 block of Floral Park Road in Oxon Hill, Maryland on June 5, 2009. The investigation revealed that the remains founc? were not those of Pamela Butler. Rather, the remains found belonged to Dominique Diane Curtis, who was initially identi?ed as Jane Doe until ?ngerprints determined her identity as Dominiqu 3 Diane Curtis. Indeed, a check with the Of?ce of the Chief Medical Examiner for the State of Maryland revealed that the remains of Pamela Butler were not recovered in Maryland on June 5, 2009. T0: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: 7 Jose Angel Rodriguez-Cruz et. Michael Fulton D1-1272 CHARGED WITH: First Degree Murder Hgmw?gdl SUBSCRIBED AND SWORN BEFORE ME THIS . 7th DAY OF A . 017 K.- . ASSISTANT UNITED STATES ATTORNEY t'.30pm UDGE) (DEPUTY CLERK) SUPER OR COURT THE DISTRICT OF COLUMBIA Page 25 of 29 Superior Court of the District of Columbia CRIMINAL DIVISION AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: (aj NAME: NICKNAME: ALIASES: CCN: Rodriguez-Cruz, Jose Angel 09-0221511 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, Hispanic 7/15/65 59' 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300?4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF OFFENSE: 5821 4* Street NW, Washington DC On or about 2/13-16/09 Unkown W-4 was also investigated after a text tip was received by the Washington Regional Threat and Analysis Center on July 8, 2009 which read ?please look n2 the fact that pam and the brother were not as close as he try 2 make it appear fact she wanted out a business deal that she and him had apartment bldg. he is a drug dealer big time working 4 dc public schools and has the police working with him 2 cover it up please look at these facts.? A second tip was sent on July 14, 2009 which read ?Pam Butler still missing the brother all of yall fooled big time drug dealer really need 2 look at.? W-l said that the decedent told IT that she wanted to terminaLe some business dealings she had with W-4 because she did not think was managing them well. W-l also said that IT had heard rumors that W-4 had sold drugs several years prior to 2009. A check of the decedent?s safety deposit box at a bank revealed that the decedent named in her will, in a health care directive and in a Durable Power of Attorney. W-4 con?rmed that IT owned an apartment building with the decedent, but denied that she advised IT that she wanted to terminate their business. W-4 said that after the decedent was missing, W-4 lost the apartment building and had to declare bankruptcy. W-4 admitted using Marijuana when IT was young, but denied being ?a big time drug dealer while working at DC. Public Schools. W-4 candidly admitted that when it was 14 to 16 years old, IT sold small quantities of Marijuana. was 46 years old when sister ?disappeared.? W-4 said that IT, Thelma Butler and the decedent all made mirror wills in 2008 and that IT named the decedent in will, health care directive and Durable Power of Altomey. As with W-l, the investigation included a review of the surveillance videos and revealed no evidence which indicated that had anything to do with the decedent?s death. On January 28, 2012, W-2 received a message from someone who identi?ed herself as Jenny and who alleged that she was 100% sure that Pam was working in a doctor?s of?ce in Chicago. ?Jenny? also mentioned the cities of Berwyn, Tinley Park and Lenox. No evidence was developed which corroborated this allegation. On May 31, 2012, MPD received an anonymous tip that Pamela Butler was ii the Danville Hospital in Danville, PA. A hospital administrator con?rmed that Pamela Butler, who had used the false name of Linda Butler, had been arrested in Dauphin County, and had been transferred to the Hospital for behavior. An MPD detective went to the hospital and met Ms. Butler. This Pamela Butler said that she has never resided in the District of Columbia and that her TO: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: Jose Angel Rodriguez-Cruz . ichael ton CHARGED WITH: First Degree Murder /Pt?M?dl-l??cb SUBSCRIBED AND SWORN BEFORE ME THIS wm?wn 4W1 A ASSISTANT UNITED ST ATTORNEY (QUUDGE) (DEPUTY CLERK) SUPERI COURT 4hh7 I OF THE DISTRICT OF COLUMBIA Page 26 of 29 nsotm Superior Court of the District of Columbia CRIMINAL DIVISION 2 AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW N0.: a NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-02251 1 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, TATO 38 Hispanic 7/15/65 5?9? 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF DFFENSE: 5821 4?1 Street NW, Washington DC On or about 2113-16109 Unkown entire family is from Baltimore, MD. She identi?ed the names of her father and mother which are different than the names of the parents of the decedent in this casea. A photograph of this Pamela Butler was shown to the decedent?s brother who con?rmed that the Pamela ?lm at the Hospital was not his sister, Pamela ohnette Butler. In an effort to corroborate the defendant?s allegation that the decedent was involved in a relationship with another man while she was dating the defendant, several friends, family members, and co- workers of the decedent were interviewed. W-l said that the decedent told II that she wanted to break up with the defendant because he was too ?clingy.? W-9, the decedent?s hairdresser, said that two weeks before the decedent was reported missing, Pam Butler said that she wanted to break up with ?Jose.? said that it would be uncharacteristic for the decedent to date two men at the same time. A close friend, W-10, said that IT did not believe the decedent was dating anyone else while she was dating the defendant. W-10 said that the decedent told II that sometimes the defendant would stare at her in a way that made the decedent feel uneasy. W-10 said the last contact IT had with the decedent was on Friday, February 13, 2009, when the decedent advised that she planned to have dinner with the defendant at the Next Door restaurant that same evening. Another co-worker, W-l 1, said that three or four weeks before the decedent was reported missing, Pam Butler told IT that she had a boyfriend who was from Puerto Rico. W?ll said that one or two weeks before the decedent was reported missing, IT saw ?owers on the decedent?s desk, A card accompanied the ?owers and contained writing which appeared to be Spanish. Your af?ant notes that the defendant was born in Pu erto Rico. The defendant speaks and writes in both Spanish and English. No evidence was observed on the video surveillance footage indicating that the decedent was dating anyone other than the defendant. Notes, E-mails, and Voice Mail Messages The defendant left a written message for the decedent in her home. He also left voice mail messages and an e?mail message. The gist of the messages is that they are self?serving and attempt to make it appear that the defendant did not know the decedent was dead and just thought she was avoiding him. Indeed, in a e-mail dated February 16, 2009, at 11:14 am, on the same date the date surveillance video captured the defendant at the decedent?s home from 7:55 am through 8:23 am, the defendant castigated the decedent for abusing him throughout the course of ti 1eir relationship and T0: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: . Jose Angel Rodriguez-Cruz Det. Michael hum? @272 CHARGED WITH: First Degree Murder SUBSCRIBED AND SWORN BEFORE ME THIS 7 DAY OF '1 2017 I . . ASSISTANT t1 TED STx?rEs Arrognv?w? 417/17 I 52/0? ERIOR COURT OF THE DISTRICT OF COLUMBIA Page 27 of 29 Superior Court of the District of Columbia CRIMINAL DIVISION 211/) Cam] (747 AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: NAME: NICKNAME: ALIASES: CCN: PDID: Rodriguez-Cruz, Jose Angel 09-022 51 1 521241 SEX: RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, TATO OS Hispanic 7/15/65 5?9? 180 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300-4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF OFFENSE: 5821 4?1 Street NW, Washington DC On or about 2113-16109 Unkown accused her of selling his property. This missive ends with the defendant thre itening to ??take [the decedent]. . .to court.? Additional Witnesses In 2017 W-12 was located and interviewed. W-12 said that IT was married to the defendant. She alleged that during that marriage, the defendant routinely physically and verb ally assaulted her with knives and guns. W-12 said the abuse was so bad she ?ed her home and went to a domestic violence shelter and then relocated to another state. She said the defendant tracked her down, assaulted her, and threatened her. She said he kidnapped her, held her at gunpoint, and banged ter head against the wall. She said the defendant told her that he accidentally shot a woman while in the army. He told her that he was married before she met him and said his ?rst wife disappeared. He said his ?rst wife left him for another man. W-l2 thought this was odd because his ?rst wife left withort taking her child. said that after his ?rst wife disappeared, the defendant provided biographical information about his first wife to W-12?s sister and instructed her to fraudulently use the information to get a government issued identi?cation card in his ?rst wife?s name. According to the defendant has an explosive temper and she lives in constant fear that he will ?nd her, hurt her, or kill her. W-13 was located and interviewed in 2017. W-13 corroborated allegations made by and said that it saw the defendant hold a gun to the head of while was kneeling on the ?oor and begging for her life. W-13 said that the defendant has an explosive and volatile temper. 1T said there were times in the past when W-13 feared that the defendant would kill IT. said that 22 years ago W-13 found a letter written by the defendant which read, ?1 Jose Angel Rodr: guez-Cruz am responsible for Marta? disappearance.? 13 said that IT did not read the er. tire letter because IT became so frightened IT was afraid the defendant intended to kill himself and W-13. W-l3 said IT left the letter with the defendant?s belongings and never saw it again. W- 13 saidl .hat IT never told anyone about this letter because it was afraid of the defendant and what he is capable of. W-13 said it was time for the truth to come out. W-13 also said that around Valentine?s Day weekend in 2009, the defendant brought a gun to IT and told IT to keep the gun in home. Shortly thereafter, the defendant borrowed W-13?s car. TO: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: Jose Angel Rodriguez-Cruz Det.Wn 01-1272 CHARGED WITH: First Degree Murder PmeA\ imlm?) SUBSCRIBED AND SWORN BEFORE ME THIS 7th DAY OF 2017 ?If - TANT UNITED A ATTORNEY WGE) (DEPUTY CLER PERIOR COURT 4197 SIS OF THE DISTRICT OF COLUMBIA Page 28 of 29 :50 mmrhu- Huntsman - :s .L .I . :1 Superior Court of the District of Columbia A (:17 CRIMINAL DIVISION I AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT USW NO.: 91 I 4 4 NAME: NICKNAME: ALIASES: - CCN: PDID: RodIiguez-Cruz, Jose Angel 09-022511 521241 RACE: DOB: HGT: WGT: EYES: HAIR: COMPL: SCARS, MARKS, TATO as Hispanic 7/15/65 59' 130 BRN Bald MEDIUM HOME ADDRESS: TELEPHONE NUMBER: 5055 Seminary Road, Arlington VA #210 703-300?4509 BUSINESS ADDRESS: TELEPHONE NUMBER: Army/Navy country Club 1700 Army/navy Drive Arlington VA WA NAME: TELEPHONE NUMBER: Butler, Pamela LOCATION OF OFFENSE: PSA: 402 DATE OF OFFENSE: TIME OF DFFENSE: 5821 4?1 Street NW, Washington DC On or about 2113-16109 Unkown Thereafter, the defendant told W-13 that IT would hear bad things about him In the news because Pamela Butler was missing. Shortly thereafter, the defendant told W-13 that the police had searched his apartment. af?rmed that at the time the police searched the defendant ?3 apartment, the defendant?s gun was in W-l3?s apartment. W-13 then read news articles about this case and became frightened that the defendant was trying to frame with Pamela Butler?s murder. W-l3 said that although the defendant denied doing anything to Pamela Butler, W-13 did not believe him. said that IT had never told anyone about Pamela Butler, but recently said it was time for the truth to be told. Your af?ant submits that based upon the foregoing, there is probable cause tc believe that Jose Angel Rodriguez?Cruz murdered Pamela Butler on Valentine?s Day weekend 2009, that he disposed of her body and cleaned up the crime scene. Accordingly, your af?ant respectfully :requests that a warrant be issued charging the defendant with the murder of Pamela Butler. T0: WARRANT CLERK SIGNATURE: PLEASE ISSUE A WARRANT FOR: Jose Angel Rodriguez-Cruz WW Dethh-aa' Fulton 01-1272 7th DAY OF A ril 2017 CHARGED WITH: First Degree Murder Hm??in?rg SUBSCRIBED AND SWORN BEFORE ME THIS K. My! JUDGE) (DEP CL 1in SUP ERIOR COURT OF THE DISTRICT OF COLUMBIA Page 29 of 29