COMMONWEALTH OF POLICE CRIMINAL COMPLAINT COUNTY OF: ALLEGHENY COMMONWEALTH OF Hon. BETH s. .J . VS- Magistetial District Number; 05-2-26 DEFENDANP Address: 2611 HAYDEN BLVD. TIMOTHY BUTLER SUITE 3 First Name Middle Narre Last Name Gen. ELIZABETH. PA 15037 7009 AVE FINLEWILLE, PA 15332 Phone: 4i2.382.3050 Felony - Full Extradition Distance: DEFENDANT a. . . OTNlLiveScan Number Compiaintilncident Number Request Lab Services? ?a 826264 5 El Yes w? Dog?? {07/02/1975 POE Add?t DOB First Name Middle Name Last Name Gen. ETHNICITY AKA HAIRCOLOR (BROWN) I EYECOLOR BLU (BLUE) I DNA Location Piate# State Hazmat Registration 0th. Code Reg. Corrml School (MM Veh. Ind. Veh. same as Def. I Year I Make Model Style Color I I Of?ce of the attorney for the Commonmaitt?ApprovedEl Disapproved because: (T he attomey for the Commonwealth may require that the oomplaint, arrest warrant af?davit, or both be approved by the attomey for the Commonweaith prior to ?ling. See Pa.R.Crim.P. 507). name of the attorney for the Commonwealth) (Signature of the attorney for the Commonmaith) (Date) l, LYLE GRABER 37392 - - - -- (Name of the At?ant) Assigned Af?ant ED Number Badge of ATTORNEYS DETECTIVES . (identify Department or Agency Represented and Political Subdivision) (Polioe Agency Number) do hereby state: (check appropriate box) 1. accuse the above named defendant who lives at the address set forth above I accuse the defendant whose name is unknown to me but who is described as accuse the defendant Wnose name and popular designation or nickname are unknown to me and whom have, therefore, designated as John Doe or Jane Doe with violating the penal laws of the Commonwealth of at 428 BORO (Subdivision Code) (Place-Potitical Subdivision) in Allegheny County 02 on or about 01/01/2017 8:00 (County Code) AOPC 412A - Rev. 07/18 Page ?32s POLICE CRIMINAL COMPLAINT Docket Nun?ber: Date Fiied: OWLiveScan Number Complam?dincwient Nurrber . 826264-5 L-712 2018 - First: Middle: Last: Defendantm?m 12' TIMOTHY BUTLER The acts committed by the accused are described below with each Act of Assembly or statute aliegedl violated, if appropriate. When there IS more than one offense, each offense should be numbered chronologically. (Set forth a brief summary of the facts suff clent to advise the defendant of the nature of the oftense(s) charged. A citation to the statute(s) allegedly violated without more, is not sufficient. In a summary case, you must cite the speci?c section(s) and subsectionls I of the statute(s I or ordinance(s I allegedly violated. In addition, social security numbers and financial information is. g. PINS) should not be listed. Ifthe identity of an account must be established Ist only the Iast four digits 204 PA. Code ??213.1?213.7) Inchoate Attempt [:ISolicitation DConspiracy 3 Offense 18 901 A 18 902A 18903 Section I Subsection I PA Btatute (Title-I Counts Grade NCIC Offense Code Code I Safety Zone Work Zone 18 3921A THEFT BY UNLAWFUL TAKING F3 2 COUNTS AMOUNT TAKEN WAS MORE THAN $2,000 The actor unlawfully took, or exercised unlawful control over movable property, namely Controlled Substances, with a total value greater than or equa! to $2000 and less than $100,000 from Commonwealth of PA, with the intent to deprive the owner thereof, in violation of 18 Pa. 08. THAN $100,000 AMOUNT TAKEN WAS MORE THAN $2,000 The actor unlawfuily took, or exercised unlawful control over movable property, namely Elizabeth Borough parking meter currency, with a total value greater than or equal to $2000 and less than $100,000 from Eiizabeth Borough, with the intent to deprive the owner thereof, in violation of 18 Pa. CS. THAN $100,000 Statute Description/Acts of the accused associated with this Offense: AOPC 412A - Rev. 09/08 Page 2 of 5 POLICE CRIMINAL COMPLAINT Docket Nurrber: Date Filed: OTNfLiveScan Number Complaint/inordent Nurrber 826264-5 2018 =5 First: Middle: Last: TEMOTHY BUTLER lnchoate Attempt DSolicitation DConspiracy if: Lead? orrenserr section Subsection PA Statute {T'rtle} Counts Grade NCIC Offense cede I ?dominates Code Damr-i?-= 391 .- Number CI Safety Zone [:IWork Zone COUNTS I Statute Description/Acts of the accused associated with this Offense: ?18 3927A THEFT BY FAILURE TO MAKE REQUIRED DISPOSITION OF FUNDS RECEIVED F3 2 The actor obtained property, namely Controlted Substances betonging to Commonwealth of PA upon an agreement, or subject to a known fegat obligation, to make specified payments or other disposition, whether from such property or its proceeds or from the actor's own property to be reserved in equivalent amount and intentionally dealt with the property obtained as the actor's own and failed to make the required payment or disposition, in violation of 18 The actor obtained property, namely Elizabeth Borough parking meter money belonging to Elizabeth Borough upon an agreement, or subject to a known legat obtigation, to make specified payments or other disposition, whether from such property or its proceeds or from the actor's own property to be reserved in equivalent amount and intentionally dealt with the property obtained as the actor?s own and failed to make the required payment or disposition, in violation of 18 monomer}; I: Attempt [:ISolicitation :]Conspiracy Offense {5 18 901A 7890214 18 903 5101' Of the 18 2 M2 Lead? Offenseff Section Subsection PA Statute (Title) Counts Grade NCIC Offense Code UCRJNIBRS Code Data Acodent . apphcabte) Number I: Safety one DWork zone COUNTS If Statute Description/Acts of the accused associated with this Offense: 18 5101 OBSTRUCTENG ADMENISTRATION OF LAW OR OTHER GOVERMENT FUNCTION M2 2 The actor intentionalty obstructed, impaired or perverted the administration of law or other governmental function by force, viotence, physical interference, obstacle, breach of officiat duty, or any other unlawful act, that is to say the actor as Elizabeth Borough Chief of Police, unlawfuly took or excercised uniawful controt over controiled substances previously seized by law enforcement, in violation 18 Pa. CS. ?5101, The actor intentionally obstructed, impaired or perverted the administration of few or other governmental function by force, violence, physicat interference, obstacle, breach of officiat duty, or any other unlawful act, that is to say the actor as Elizabeth Borough Chief of Police, unlawfuly took or excercised unlawful controi over Elizabeth Borough parking meter money, in viofation 18 Pa. CS. ?5f01. AOPC 412A Rev! 09/08 Page 3 of 5 POLICE CRIMINAL COMPLAINT Docket Number: Date Filed: OTN/LiveScan Number Nurrber j? 826264-5 is 712-2018 7 2; First: Middle: Last: TIMOTHY BUTLER Inchoate Attempt [:ISolicitation DConspiracy 18 901A 18902A 18 903 . i. . 2 liar-277 .-.. Oftense# Section Subsection PA Statute (Titie) I Counts Grade I NCIC Ottense'Code Code 7 g; Penn'DOT'Data - . (rl?applicable) Safety Zone Work Zone 35 PROHIBITED ACTS POSSESSION The actor knowingly or intentionally possessed a controlled or counterfeit substance, namely, heroin the said actor not then and there being registered under the Controlled Substance Drug Device and Cosmetic Act Act of April 14 1972, or a practitioner registered or licensed by the appropriate State Board in violation of 35 S. ?780? 113(a)(16). The actor knowingly or intentionaliy possessed a controlled or counterfeit substance, namely, fentanyi the said actor not then and there being registered under the Controlled Substance, Drug, Device and Cosmetic Act, Act of April 74, 1972, or a practitioner registered or licensed by the appropriate State Board, in violation of 35 PS. Statute Descri ption/Acts of the accused associated with this Offense: 2 COUNTS AOPC 412A Rev. 09/08 Page 4 of 5 POLICE CRIMINAL COMPLAINT Docket Number: Date Filed: OTNlLiveScan Number Nun'ber :3 826264-5 L-712 2018 . I First: Middte: Last: 2. i ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. 3. verify that the facts set forth In this complaint are true and correct to the best of my knowledge or information and belief. This verI i?caticn IS made subject to the penalties of Section 4904 of the Crimes Code (18 PA ?4904) relating to unsworn falsification to authorities. 4. this complaint is comprised of the preceding page(s) numbered I through 5 5. certify that this ?ling complies with the provisions of the Case Records Public Access Policy of the Uni?ed Judicial System of that require filing con?dentiat information and documents differently than non-confidentiat information and documents. The acts committed by the accused, as listed and hereafter, were against the peace and dignity of the Commonweaith of and were contrary to the Act(s) of the Assembly, or in vioiation of the statutes cited. (Before a warrant of arrest can be issued, an af?davit of probable cause must be completed, sworn to before the issuing authority, and attached.) ?of ma AND NOW, on this date I ?12s?" certify that the complaint has been properly completed and veri?ed. An affidavit of probable cause must be compteted before a warrant can be issued. i . K, .I \3 We.? (Magisterial District Court Number) AOPC 412A - Rev. 09/08 Page 5 of 5 POLICE CRIMINAL COMPLAINT Docket Number: Date Filed: OWLiveScan Number Complamt/Incrdent Nurrber-i i :x .. 826264-5 712 20,18 :7 f: - - First: Middle: Last: 'iDefendantNam TIMOTHY BUTLER AFFIDAVIT of PROBABLE CAUSE 1_ WHEN: a) Date when Af?ant received information: 12/07/20?i8 b) Date when the source ofinforrnation {Police Officers, Informant, Victim, (Io-Defendant, Defendant, etc.) received Information: 12/06/2018 2-5932 a) How Affiant knows this particular person commited crime: (personai observation, defendant's admissions, etc): defendant?s admissions to witnesses, physical evidence. information from police of?cers b) How the source of information knows this particular person committed the crime: defendant?s admissions, information from police of?cers, physical evidence 0) How both Af?ant and/or source ofinformation knows that a particular crime has been commited: defendant's admissions, information from police of?cers, physical evidence 3. WHAT CRIMES: 18 5101 OF LAW OR OTHER GOVERMENT FUNCTION 18 3921 A THEFT BY UNLAWFUL TAKING 18 3927 A THEFT BY FAELURE TO MAKE REQUIRED DISPOSITEON OF FUNDS RECEIVED ?18 5101 OBSTRUCTING ADMINISTRATION OF LAW OR OTHER GOVERMENT FUNCTION 18 3921 A THEFT BY UNLAWFUL TAKING 35 780-113 A16 ACTS - POSSESSION 35 780-113 A16 PROHIBITED ACTS - POSSESSION 18 3927 A THEFT BY FAILURE TO MAKE REQUIRED OF FUNDS RECEIVED 4. WHERE CRIMEIS) COMMITTED: ELIZABETH BOROUGH POLICE DEPARTMENT 5. WHY AFFIANT BELIEVES THE SOURCE OF INFORMATION: Source is presumed reliable, i.e. other Police Of?cer, Eyewitness, Victim of Crime, etc. Source has given information in the past which has led to arrest and/or conviction Defendant?s reputation for criminal activity This source made declaration against his/her penai interest to the above offense Af?ant and/or other Police Of?cers corroborated details ofthe information Page 1 of 5 rt POLICE COMPLAINT Docket Number: Date Filed: OTNI'LiveScan Number . 826264-5 gig-7.12 .?20182 - First: Middle: Last: TIMOTHY BUTLER The affiant of this affidavit is Detective Lyle M. Graber, a police officer of the Commonwealth of within the meaning of statutory law and Rules of Criminal Procedure, and, as such, I am empowered to file criminal charges and to make arrests for criminal offenses enumerated therein. was a State Police Officer from March 15, 1982 until my retirement on August 24, 2007?. During my tenure with the State Police, i was assigned as a criminal investigator in May of 1995, the function of which was to investigate all facets of criminal activity. On July 20, 1987, was assigned to the State Police Bureau of Criminal Investigations, Western Organized Crime Unit, Allegheny County, I worked in that capacity until my retirement in August of 2007, after which i was sworn as a Detective in the Office of the District Attorney of Allegheny County within the Investigations unit, a position that has continued to date. On December 10, 2018, Elizabeth Borough Police Sergeant Garrett Kimmell was interviewed and stated the following: On December 6, 2018 and again on December 7, 2018, Sgt. Kimmeil was advised by other police officers of suspicious behavior on the part of Elizabeth Borough Police Chief Timothy Butler. This behavior included officers having observed Chief Butler interacting with a known actor, who, when found in possession of suspected heroin, told officers he was making controlled narcotics buys on behalf of Chief Butler. Kimmell advised that it would have been highly uniikely Butler was involved in a drug investigation without his knowledge and participation. On December 7, 2018, Kimmell was at the Elizabeth Borough Police Department and questioned Chief Butler about his recent suspicious behavior. After initially denying any problems, Butler stated that he was addicted to heroin. Butler explained he became addicted after taking prescribed Vicodin for neck and back pain, and blamed the doctors. Kimmell asked Butler if there were any issues related the Department or missing evidence. Butler apologized and stated that ?it was a mess?. When asked how bad the evidence problem was, Butler stated that ?it was ail gone?, that any heroin in evidence was all gone. Kimmell then notified Borough Solicitor Krisha DiMascio, Mayor Barry Boucher and Council President Paul Shanner of Butler?s admissions, and remained with Butler at the police station until they arrived. Butler was then placed on paid leave, turned overall Borough property, the evidence room key, his badge, card, and driven home, Kimmell then requested the assistance of Ciairton Police Chief Hoffman, who, along with PO McDanei, arrived and conducted the search of Chief Butler?s office and the evidence room. Kimmeli stated that when drugs were seized, they would be packaged and sent to the lab for testing prior to being entered into the evidence room. Once returned, they would be given to Chief Butler, who was the sole evidence custodian. Chief Butler was also responsible for any evidence destruction. Sgt. Kimmell stated that there had been several recent large heroin seizures in which the heroin should stili be present in the evidence room . Kimmell advised that he most often took the of transporting drugs to/from the lab, and always turned over the evidence to Chief Butler upon return. On December 7, 2018, Sgt. Kimmell and Ciairton Officer McDanei conducted an inventory search of Chief Butler?s office. Evidence envelopes or bags originally labeled as having contained controlled substances were located throughout Butler?s office and observed to have been torn open or opened and re?seaied. The controlled substance primarily involved was heroin, packaged in individual white wax paper bags. Oftentimes these bags are stamped with an inked stamp ?label? to identify that particular batch or source of heroin. These bags were either individual bags, aka ?bag?; 10 rubber?banded bags known as a ?bundle"; 50 bags (5 bundles) known as a ?brick?. (Estimated street values are: per bag; $55-$75 per bundle, or $170?$200 per brick) Some tampered evidence envelopes or bags were empty. Others contained ail or a portion of the suspected heroin packaged as bags, bundles or bricks, but the heroin originally contained within the bags had been removed and the bags, re?folded and sealed with tape. Numerous "bags? were discovered loose in and around Chief Butler's desk or within the garbage can. Ail ofthe tampered evidence was secured and sealed by Sgt. Kimmell and Officer McDanel pending further investigation. Sgt. Kimmell and Officer McDanel next unlocked the evidence room utilizing and removed all known/identified drug evidence. These items, together with the bin containing items discovered in the Chiefs office area, were transported and secured by McDanel within Ciairton Police Department?s evidence room. On December 11, 2018, Elizabeth Borough Solicitor Krisha A. DiMascio was interviewed and stated that on December 10, 2018, Page 2 of 5 it CRIMINAL COMPLAINT Docket Number: Date Filed: OTNlLiveScan Number Nurrber 826264-5 2018 First: Middle: Last: Defendanttiame TIMOTHY BUTLER Sgt. Kimmell contacted her and stated ?we have a problem with Chief Butler?. DiMascio contacted Elizabeth iVlayor Barry Boucher and Council President Paul Shanner, and the three met with Kimmell and Butler at the Borough building. Butler was crying at the time, and apologized, stating that he could not believe this was happening to him. Butler also blamed the doctor, reiating ?once they got me off the pills I had no choice?. On December 1243, 2018, your affiant and Detective Tim Cross examined the evidence initially collected by Sgt. Kimmell and others from Chiet Butler?s office and the Elizabeth Borough evidence room. Recovered from the trash can in Chief Butler?s office were approximately 62 bundles and 2700 ioose stamp bags. These items were all examined and found to be emptied of contents. The bundles had ail been reseaied with tape and re-bundled with rubber bands to appear intact. Also within the garbage can were opened evidence envelopes which were labeled to have contained controlled substances. Recovered from within and around Chief Butler?s desk were approximately 535 loose stamp bags. These items were all examined and found to be emptied of contents. There was one small sealed plastic bags containing stamp bags which appeared to still contain suspected controlled substances. This bag was marked with lab number 1805945 and a date of 8/27/18. Additional bags or evidence envelopes were discovered, some of which were also marked with lab number 1805945 and a date of 8/27/18. One such envelope was labeled to have originally contained 30 bricks of heroin. Another enveiope was labeied to have contained 3 bricks of heroin. Other Ziploc bags marked with lab number 1805945 were found to contain emptied individual stamp bags. According to the corresponding Allegheny County Division of Forensic Laboratories Lab Case No. this original evidence contained both Fentanyl [collective gross weight of 12.251 grams] and Heroin {collective gross weight 9.5 grams}. Another open evidence envelope was labeled to have originally contained ?approx. 2531 bags of heroin? but was empty. According to the corresponding Ailegheny County Division of Forensic Laboratories Lab Case No. this original evidence contained Heroin [collective gross weight 737.1 grams]. Other evidence envelopes labeled to have originally contained heroin and other controlled substances were found to be missing the heroin, yet these other labeled controlled substances, suspected mariiuana, appeared intact. A review of the controlled substance evidence discovered within the Elizabeth Borough evidence room reflected similar issues. Evidence envelopes or bags which were labeled to have contained (primarily) heroin were opened, opened and resealed or missing. Among controlled substance evidence missing was an envelope originally labeled to contain 1000 stamp bags of heroin. The corresponding lab number for that evidence was 1510940/1 B. Found within that bag were 900 stamp bags, empty of contents. Another tampered envelope was originally labeled to contain 146 bags of heroin, with corresponding lab number Found within that envelope were 134 stamp bags, empty of contents. According to the corresponding Allegheny County Division of Forensic Laboratories Lab Case No. 15LA806851, this original evidence was returned untested after notification by Chief Butler that the case had been adjudicated. Another tampered envelope was originally iabeied to contain 627 bags of heroin, with corresponding lab number 1608280. Found within that envelope were 554 stamp bags, empty of contents. According to the corresponding Allegheny County Division of Forensic Laboratories Lab Case No. 16LABOB280, this originai evidence contained Heroin {colic-active gross weight 29.738 grams]. Multiple other evidence enveiopes or bags originally labeled to contain heroin were found to be tampered with opened and contents removed. Evidence labeled as containing both heroin and other controlled substances most often still contained the other controlled substances, but the heroin was removed from the packaging. Kimmeli also advised that Butler - who as Chief of Poiice was tasked with collecting and depositing the parking meter money apparently failed to deposit meter money for the year 2017. According to Kimmell, the annual deposits between 2013 and 2016 Page 3 of 5 ?it POLICE COMPLAINT Docket Number: Date Filed: OTNlLiveScan Number Complamt/lnmdent Nu'rrber 826264-5 L- 7121-2018:; 25:5: First: Middle: Last: Defendant Name . BUTLER were: 2013 - $5,503.25 2014 - $4,694.36 2015 - $5,944.00 2016 - $4,148.02 2017 - No deposits made by Butter. 2018 - $2,355.50 Elizabeth Borough Secretary Pam Sharp later confirmed these annuat meter deposit amounts were accurate, and had been deposited into the Borough?s PNC account. Sharp stated that Chief Butter had been responsible for counting, rolling and depositing the parking meter money, and had used a coin counter located in his office for that purpose. Sharp also advised that the Borough parking meters were in piece and functioning during 2017. The statements contained in this affidavit are based on my experience and background as a potice officer and are drawn from statements received from other officers involved in this investigation or witnesses to the above-described activities; these statements were either heard personatly by your affiant or were toid to other detectives who then relayed that information to me. Based on the information contained herein, your affiant avers that probable cause exists for the foliowing offenses: Title 18 Section 3921 Theft by Uniawfut Taking or Disposition (2 counts); Title 18 Section 3927' Theft by Faiture to Make Required Disposition of Funds Received (2 counts); Title 18 Section 5101 Obstructing Administration of Law or Other Government Function (1 count) Title 18 35 PS. - Possession (2 counts) Page 4 of 5 9% POLICE CRIMINAL COMPLAINT Docket Number: Date FiIed: OTN/LiveScan Number Complaintlincment Nurrber . . 6826264-5 2018; -. . First: Middie: Last: Defendantmm 1'2: TIMOTHY BUTLER I: LYLE GRABER BEING DULY SWORN ACCORDING TO THE LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I CERTIFY THAT THIS FILING COMPLIES WITH THE PROVISIONS OF THE CASE RECORDS ACCESS POLICY OF THE UNIFIED JUDICIAL SYSTEM OF THAT REQUIRE FILING CONFIDENTIAL INFORMATION AND DOCUMENTS DIFFERENTLY THAN NON-CONFIDENTIA INFORM ON AN DOCUMENTS. A/?rf/ ?gr/M fS/gnature of Af?ant) Sworn to me and subscribed before me this Date My commission expires ?rst Monday of Januarylw, Page 5 of 5