E-FILED IN COUNTY CLERK'S OFFICE PIERCE COUNTY, WASHINGTON October 19 2017 9:38 AM SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY 1 2 STATE OF WASHINGTON, Plaintiff, 3 CAUSE NO. 17-1-04022-5 vs. 4 5 KEVIN STOCK COUNTY CLERK SEBASTIAN SAMUEL LEVY ALDRETE, DECLARATION FOR DETERMINATION OF PROBABLE CAUSE 6 Defendant. 7 8 JARED AUSSERER, declares under penalty of perjury: 9 That I am a deputy prosecuting attorney for Pierce County and I am familiar with the police 10 report and/or investigation conducted by the TACOMA POLICE DEPARTMENT, incident number 1728900245; 11 That the police report and/or investigation provided me the following information; 12 That in Pierce County, Washington, the defendant, SEBASTIAN SAMUEL LEVY ALDRETE, 13 14 did commit the crime of murder in the second degree – deadly weapon sentencing enhancement. On October 16, 2017, at approximately 0530 hours the defendant, Sebastian Levy Aldrete, called 15 911 to report that he and his mother had been attacked by an unknown intruder. Officers responded to 1 16 St. Helens Avenue, #501, an apartment in a secured building. They indicate that there were no signs of 17 forced entry into the apartment. 18 Officers located Levy Aldrete inside the apartment and asked where the victim was. The 19 defendant pointed to the room he had just exited. Inside the room the officers found Maria Aldrete-Levy. 20 Her body was located on the bed and there were obvious signs of trauma, as her head and face were 21 covered in blood. She was not breathing and it was obvious to the officers that she was deceased. They located a large shard of broken glass on the bed next to her leg. There was blood spatter and smears of 22 apparent blood on the wall next to her body. A bottle neck and cap, with jagged ends, of a bottle was also 23 located on the floor. 24 DECLARATION FOR DETERMINATION OF PROBABLE CAUSE -1 Office of the Prosecuting Attorney 930 Tacoma Avenue South, Room 946 Tacoma, WA 98402-2171 Main Office (253) 798-7400 1 Officers asked the suspect if there was anyone else in the apartment. He reported that his two 2 sons were asleep in his room, and officer confirmed that they were still asleep in the apartment. They 3 were awakened and transported to another apartment in the building. 4 5 Officers re-contacted Levy Aldrete. He was sweating profusely and seemed nervous, and they noted that he had four superficial cuts on his forehead and the left side of his face. He had dried blood on the palms of his hands and scratches on both wrists. Officers observed blood on the portion of the white 6 T-shirt the defendant was wearing that was visible underneath his sweatshirt. Forensic officers 7 photographed the defendant’s clothing and found blood on both sides of the sweatshirt and drops of blood 8 9 on the white T-shirt, including areas covered by his sweatshirt. Officers asked Levy Aldrete to explain what happened, and he reported that he was sleeping in 10 the room with his two children when he was awakened by his alarm clock. He said he hit the “snooze” 11 button and may have dozed off again before hearing the sound of his mother screaming. He jumped out 12 of bed and ran towards her room, and as he got out of his room he observed a figure emerging from his 13 mother’s room. He indicated that it was dark so he was unable to provide any description of this person, 14 other than he appeared to be about 6 feet tall. As Levy Aldrete approached the figure it swung its arm at 15 16 him, cutting his face. He said he grabbed the figure’s arm before feeling the figure grab his thumb, bending it back, causing him to release the arm. The figure dropped something and ran out of the apartment. 17 Levy Aldrete said he picked up the object, which he later learned was the bottle neck and cap, and 18 took in with him into his mother’s room to check on her. He claimed he found his mother bleeding 19 20 profusely from the center of her neck, so he dropped the bottle and grabbed some towels from the bathroom across the hall, instead of the bathroom adjacent to the victim’s room, and applied pressure to 21 her neck. The victim had no injury to her neck that would have been bleeding, according to the medical 22 examiner. 23 24 DECLARATION FOR DETERMINATION OF PROBABLE CAUSE -2 Office of the Prosecuting Attorney 930 Tacoma Avenue South, Room 946 Tacoma, WA 98402-2171 Main Office (253) 798-7400 1 Levy Aldrete then reported hearing movement in the stairwell, so he ran down the stairs looking 2 for the suspect before returning to the apartment and calling 911. Detectives located drops of blood on 3 each of the two parking garages adjacent to the stairs. On one of the levels detectives located a Lysol 4 5 wipe with blood on it. In the same area they located a pair of gloves hidden in a garbage can. The gloves were covered in blood. The defendant described his gloves and the gloves recovered in the garbage can matched his description. 6 Tacoma Fire responded to treat Levy Aldrete for his injuries. These injuries included superficial 7 cuts to his face and a broken or dislocated thumb. He declined medical treatment. 8 9 Detectives searched the apartment and found no signs of forced entry. They noted that there were many items of value that appeared untouched, including the victim’s purse that was on a chair in the 10 common space and the suspect’s wallet on a stand in the entry way. Levy Aldrete indicated that nothing 11 appeared to have been disturbed or gone missing. 12 Levy Aldrete was transported to the Tacoma Police Department and provided a lengthy 13 statement. He reported that after struggling with the intruder, rendering aid to his mother, and searching 14 for the intruder in the garages he attempted to call 911, but the blood on his hands prevented him from 15 16 being able to adequately swipe the phone. As a result, he used a Lysol wipe to clean the blood off of the phone to call for aid. He believed the wipe would be recovered in the bathroom where he placed the call. The only Lysol wipe with blood that was found was recovered in the parking garage, near the area where 17 the gloves were located. 18 The victim’s remains were transported to the Medical Examiner’s office for an autopsy. She 19 20 sustained several blunt force injuries to her head and face, which caused an enormous amount of bleeding. The Medical Examiner also determined that she was strangled and sustained a fractured larynx. Each of 21 22 23 24 DECLARATION FOR DETERMINATION OF PROBABLE CAUSE -3 Office of the Prosecuting Attorney 930 Tacoma Avenue South, Room 946 Tacoma, WA 98402-2171 Main Office (253) 798-7400 1 2 3 these findings could have contributed to her death. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT. 4 5 DATED: October 19, 2017 6 PLACE: TACOMA, WA 7 8 /s/ JARED AUSSERER 9 JARED AUSSERER, WSB# 32719 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DECLARATION FOR DETERMINATION OF PROBABLE CAUSE -4 Office of the Prosecuting Attorney 930 Tacoma Avenue South, Room 946 Tacoma, WA 98402-2171 Main Office (253) 798-7400