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E-FILED 2016 JAN mm?mpA??gpF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR STORY COUNTY

THE STATE OF IOWA Before Magistrate
COUNTY OF STORY Criminal Number

Vs APD Case 15-006018
CLAGUE, BENJAMIN DALE DOB: 06/05/1992
309 GRETTEN WMA
AMES, IA 50105

COMPLAINT AND AFFIDAVIT

The defendant is accused of the crime of LEAVING THE SCENE OF A PERSONAL INJURY
ACCIDENT in violation of section 321.2630) REF 321.261 of the Iowa State Code in which said crime
is a CLASS 1) FELONY and that the defendant on or about the 14? of DECEMBER, 2015 at
approximately 0702 HRS at ASH AVE. LINCOLN WA Y, AMES 1A., did unlawfully FAIL TO
REPORT AN ACCIDENT RESULTING IN THE DEA TH OF ANOTHER PERSON 
LAW ENFORCEMENT AUTHORITIES, AND FAILED TO IMMEDIATELY RETURN TO THE
SCENE OF THE ACCIDENT 0R INFORM THE LA ENFORCEMENT AUTHORITIES WHERE
THE SURVIVING DRIVER CAN BE LOCA TED.

THEREFORE, Complainant requests that the said Defendant, subject to bail or conditions of release
where applicable,

(1) be arrested or that other lawful steps be taken to obtain Defendant?s appearance in court; or

(2) be detained, if already in custody, pending further proceedings; and that said Defendant

otherwise be dealt with according to law. 
Complainant
A.JOHNSON

STATE OF IOWA,

AFFIDAVIT
I, the undersigned, being duly sworn, state that the following facts know by me or told to me by other
reliable persons form the basis for my belief that the Defendant committed this crime.

0n the above date and time, Emmalee Jacobs was walking across the intersection at Ash Ave. The
defendant BENJAMIN who was driving a Cy-Ride bus, struck and killed Emmalee and
continued to complete his scheduled shifts.

GPS data shows the bus Clague was driving crossed through the intersection at Ash and Lincoln Way
during the narrow time window Emmalee was struck. Emmalee ?s injuries as well as the location she was
found is consistent with her being struck by a bus travelling in this manner.

During an interview with Clague, he admitted to hearing an audible thud when he drove through the
intersection. At the next bus stop, Clague performed a non-scheduled exterior check of his bus. Cy-Ride
video con?rms this.

Text messages from Clague the day of the incident show he was aware that a fatality had occurred and he
had just ?went two hours thinking I was involved. Clague met with a ?iend the day after the fatality and
told him that he thought he had struck and killed Emmalee.

Clague did not inform law enforcement authorities of his involvement or location. Clauge did not report
the accident to law enforcement. Clauge rerouted his bus and therefore avoided returning to the scene of
the accident.

 
 
  

Signature of Complainant
A.JOHNSON

Subscribeg?and sworn to me before me by the person(s) signing this complaintLandaf?daviKsD on this
the CO day of JAN, 2016. - . 

Signature of Notary 
Complaint and af?davit(s) ?led and probable cause found that the defendant committed the offense

 

(.1. can?t" 7. Magistrate

m'i

 
 

 

 


.JJU

?an

Emmott Wit?



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