COMMONWEALTH OF POLICE CRIMINAL COMPLAINT I COMMONWEALTH OF I COUNTY OF2CENTRE vs. 0 \o . Dis1ric| Number. 494--01 MDJ, Hon. Carmine WI Prestla, Jr. DEFENDANT: (NAME and ADDRESS) 9 Address: 131 5. Fraser St, Po Box 238 NICHOLAS MICHAEL TAVELLA ., state College, PA 16801 WNW E'Mefiiwlfisfl 1" TsIsphone: (814] 23171420 -- [7.57" NCICBddefion Cod! T- DE I>>FeIony ml ~Feluny Na Ext. [1 B-Misuem-nov urn-ma fl E~MlmameanorFemmg a ZFeIony L|d S-FeIony Pend C--Mlsdemeanol Slates figgfiwh 3~Felony Surrounding Saws :1 A-Misdevnl'amr Full Misdemesmr No ExhadIIicn Wk? 1' A - .nEFsuum IDENTIFICATION INFORMATION Dock" Numbfir Date Filed Number NIH-lbw SID I Rfiquest LID SCWIEES7 GENDER nos 03 13/ 1996 I ma USA 4m nos Maia FlrsI Nam: Name Lisx Nam! Gen I El FemaIe me 8 Wm AsIan Nick I: mm Amman I I ETHNICITV Hrsuanl: Mm-HspfinIn Unknown I HAIR com 1: mm) Una: (Rm/Ann.) a gammy; l:l am) (We) "'13 (pm. Em (am) 1 am (mm) Cl wm IWNIA) El luwsml em (Groom) :1 (M) I ELN (Handel I I EVE COLOR anew) ELU lame, Dam (awn. can (Glam 1] GRY {Gray} 1 MUM-zen ma (Mam) l3 (Muifiwored) El (Umwwn) I rDriverUmse slate PA Numbe 3/14 2017 I CI V25 I3 "0 DNA Losing" ,FEIZMumbar I Beknnanl'Fmgarntimbd I 2 YES NO LFingemrint'Elasslficaflon: I I A DEFENnAerEl-lchEmFoammN . I om, . mm sun: I stigma?>> cmfl'veh. 552:". [3 GBP Veh Game vm 'Makn I Mead fSMa 'Cnlor I . office ol the atiorneyfor the Commonwealth Approved 1: Disapploved because: (The ammsy Ier he Cammunweelm may require ml the mmpIaInI, arresl Wanam aIIldavll or com be by Ina unomey I01 ma Commanweallh pnul la iIIlng See PmKC'im 507), (Slvnamrsofmealmmey Ior me Commnwalflh) (Duel ~4121 -A55Ign:d Afiflnt ID Numbzl smut PAD 141 100 (Police Agency om Number) 04am: almanmwy Ila/ma Commweaml) OFFICER COLE E. MCDANEL (Name 0! In! Amam) I of SFATE UNIVERSITY POLICE 5 (Iammy nepanmem or Agency Represenled anfl Pelmcal SubdNIsIofl] do hereby slate (check appronriate box) 1 IE I accuse "is above named defendant who lives at me address seI forth abwe I accuse Ihe defendant whose name is unknown to me but who Is described as El I accuse Ihe defendant Whose name and poWIar designalion or are unknown IO me and whom I have Iherefore designated as John Doe or Jane Doe the penal Iaws lithe Commonwealth af [410 ISllMIvlsInn mm (Mama--pmml Summinnl Intersection of Eigler Rd' and Hasfings Rd, University Park, State College PA I II I I in CENTRE County [14] an or about 12/05/2015 AT 015OHRS 1mm I I I I mil ADPC 4111: Rev a7/1n sino/znoa@ XVII 60:" POLICE CRIMINAL COMPLAINT Docket Number: Date Fiied: - OTNiLiveScan Number 71,911 First: I Middie: Last: .- NICHOLAS TAVELLA The acts committed by the accused are described below with each Act of Assembiy or statute ailegediy violated, if appropriate. When there is more than one offense, each offense should be numbered chronologically. (Set forth a brie:r summary of the facts sufficient to advise the defendant of the nature of the o?ensets) charged. A citation to the statuteIsI allegedly violated, without more, is not suf?cient. in a summary case, you must cite the Speci?c section(s) and subsectionis) of the statutets) or ordinance-(s) aliegediy vioiated. The age of the victim at the time of the offense may be inciuded if known. In addition. social security numbers and ?nancial information PINS) shouid not be listed. If the identity of an account must be established, list oniy the last four digits. 204 PA.Code 213.1 -- 213.7.) 'I'nchoater; CI Attempt CI Solicitation a Conspiracy 3 .;0ffenser . 18 901A - 18 902A . 18903 I 1. I 2710 Lead? Offenseai! Section Subsection PA Statute {Tide} Counts Grade NCIC Offenso Code UCRINEBRS Code -- . -- -- . Safe Zone Work Zone ziNumber', I Statute Description (include the name of statute or ordinance): Ethnic intimidation Acts of the accused associated With this Offense: The Defendant, Nicholas Michael Taveiia, on or about 12/05/2015, in the County of Centre in State College Borough, did, with malicious intention toward the race, color, religion or national origin of the Victim, Samjeris Victor, did commit an offense under any other provision of this artide, To Wit: The victim reported to the Af?ant: that the Defendant had followed him through the Penn State University campus stating ?I'm going to foilow you" and ?Are you trying to get away from me". The Victim reported that at the intersection of Bigier Rd. and Hastings Rd. the Defendant did grab the Victim by the throat and state ?Don't make me put a bullet in your dies?t.? The Defendant stated that he had been ?racially pro?ting" the Victim and that he ?probably? grabbed the Victim and "probably" said something racist to the victim due to the color of the Victim?s skin. .inchoateL -- Attempt CI Solicitation CI Conspiracy i freffensef 2706 Lead? _O?ense# Section Subsection PA Statute Counts Grade Offense Code UCRINISRS Code I ?PennDO?'Data Accid'?nt. . I Number i Safety Zone CI Work Zone Statute Description (include the name of statute or ordinance): Terroristic threats I I Acts of the accused associated with this Offense: The Defendant, Nicholas Michaei ?ravens, on or about 12/05/2015, in the County of Centre in State Cottage Borough, did communicate, either directly or indirectly, a threat to commit any crime of violence with intent to terrorize the Victim, Samjeris Victor, To Wit: The Victim reported to the Af?ant that the Defendant did grab the Victim by the throat and state "Don't make me out a bullet in your chest" CI Attempt Solicitation Conspiracy 2701 I Iggy-gig Lead? Offense# - Section Subsection PA Statute mile} .Counts Grade NCIC Offense Code UCRINIBRS Code I 3% Accident? I5. IifEa'ppiicableJE'?' .Nuihben I: Sarety Zone Work Zone . - . I I i Statute Description {include the name of statute or ordinance): Sirrpie assault Acts of the accused associated with this Offense: The (Defendant. Nicholas Michaei Taveiia, on or about 12/051201 5. in the County of Centre in State College Borough. did attempt by physical menace toput the Victim. Samjen's Victor. in fear of imminent serious bodily inILiry. To Wit The Victim reported to? the Af?ant that the Defendant did grab the Victim by the throat and state "Don't make me put 3 outlet in your chest" The Defendant was observed by an independent witness grabbing the Wctim by the arm. AOPC 412A .. Rey. omo Page 20f; XVH POLICE CRIMINAL COMPLAINT ket Number: Date Filed: OTN/LiveScan Number Compiain?lncident Number i? 5315/ at: 12/07/2015 as so Lir- a PSU20-1504700 NICHOLAS MICHAEL TAVELLA The acts committed by the accused are described below with each Act of Assembly or statute allegedly violated, if appropriate. When there is more than one offense, each offense should be numbered chronologically. (Set forth a brief summary of the facts suf?cient to advise the defendant of the nature of the charged. A citation to the statutets} allegedly violated, without more, is not suf?cient. in a summary case, you must cite the speci?c sectionls) and subsection(s) of the statute(s) or ordinance(s} . allegedly violated. The age of the victim at the time of the offense may be included if known. in addition, social security numbers and financial information Ple) should not be listed. if the identity of an account must be established, list only the last four digits. 204 PA.Code 213.1 - 213.7.) i-?inzchoajtef?f Attempt CI Solicitation CI Conspiracy [5503 00(1) 1 M3 . . Lead? Offensesl Section Subsection PA Stature (Title) Counts Grade NCIC Offense Code UCRINIBRS Code :SEAccldentz'i I I {:ifiappiicable .dNumb'ew . i Safely Zone Ell ork Zone i Statute Description (include the name of statute or conduct Acts of the accused associated with this Offense: The Defendant, Nicholas Michael Tavella, on or about 12/05/2015, in the County of Centre in State College Borough, did, with intent to cause public inconvenience, annoyance or alarm, or reddessly creating a risk thereof engaged in ?ghting or threatening, er in violent or tumultuous behavior, To Wit: The Victim, Samjeris Victor, reported to the Af?ant that the Defendant did grab the Victim by the throat and state "Don't make me put a bullet in your chest.? The Defendant was observed by an independent witness grabbing the Victim by the arm. Attempt solicitation E3 Conspiracy i 18 901 A 18 902A ?3 903 I a 5 1 2709.1 . (11x1) 1 I i Section Subsection PA Statute {Title} Counts Grade Offense Code UCFUNIBRS Code il'Accide'nti?j ?Zl?INilm'berii Work Zone tute Description (include the name of statute or ordinance): Stalking Safety Zone Acts of the accused associated with this Offense: The Defendant, Nicholas Michael Tavella, on or about in the County of Centre in or repeatedly commit acts toward the Victim, Samjerus Victor, including following the Victim without preper authority, under circumstanaces which demonstrate either an intent to place the Victim in reasonable fear of bodilyinjury orto cause substantial emotional distress to the Victim, To WitThe The Victim reported that me Defendant did follow him from the downtown State College area on 5 Penn State Univeisity campus. The Victim reported that the Defendant stated "I'm going to follow you home" and after trying the Defendant stated to the Victim ?are you trying to getaway from me?" The Defendant admitted to the Af?ant that he was to elude the Defendant, Lfoliowlno the Victim because he was "suspicious? and that he had been ?racially oro?lino" the Victim. - I [3 Attempt Solicitation [3 Conspiracy 1890110. 18 902A 18 903 I. 6 2709 )1 6 Lead? Offense#_ Section Subsection PA Statute (Title) Counts Grade NCIC Offense Code Code Penn?e?iignota? ?header-1t; - replications): Numbers!? 53?? Zone [3 Work Zone . Statute Description (include the name of statute or ordinance): amazement Acts of the accused associated with this Offense: The Defendant, Nicholas Michael Tavelta, on or about 12/05/2015, in the County of Centre in campus. The Victim reported that the Defendant stated "I'm going to follow you home? and after trying to elude the Defendant, the Defendant stated to the Victim ?are you trying to get away from me?" The Defendant admitted to the A?iant that he was following the Victim because he was ?suspiciom? and that I he had been "racially profiling" the WCtim. I 412A Rev. 07/10 Page ,3 of; slob/vocal XVH 60:? I reperted that the Defendant had hanassed and i ?lo POLICE CRIMINAL COMPLAINT Docket Number: Date Filed: OTNiLiveScan Number Number . (1:43- ago I 12/07/2015 "Tanzania, :1 - .PSU2015047OO {idiom First IMiddie Last t?f- - NICHOLAS MICHAEL TAVELLA The acts committed by the accused are described below with each Act of Assembly or statute allegedly violated, if appropriate. When there is more than one offense, each offense should be numbered chronologically. (Set forth a brief summary of the facts suf?cient to advise the defendant of the nature of the offensels) charged. A citation to the statute(s) allegedly violated, without more, is not suf?cient. in a summary also, you must cite the speci?c sectionis) and subsectionls} of the statutels} or ordinance(s} allegedly violated. The age of the victim at the time of the offense may be included If known. In addition, social security numbers and ?nancial information leg. PINS) should not be listed. If the identity of an account must be established, list only the last four digits. 204 PA.Code 213.1 - 213.7.) Attempt CI Solicitation Conspiracy i 355-?0ff?n3?; 78 901A I-ssos 3.5.18 . I1 I 5 Lead? Offense?! Section Subsection PA Statute {Title} Counts Grade NCIC Offense Code Code 533:? 53' . . . :Nh?be?: C3 Safety Zone [3 WOW Zone I Statute Description (include the name of statute or ordinance): Public drunkennes and similar misconduct Acts of the accused associated with this Offense: The Defendant, Nicholas Michael Taveila, on or about 12/05f2015, in the County of Centre in . State College Borough, did appear in a public place manifestly under the in?uence of alcohol to the degree that he may endanger himself or other persons in his vicinity, To wit: the Defendant. did have the odor of beverage alcohol coming from his person, and had glassy, bioodshot eyes. Victim Samjeris Victor assaulted him during the time that the Defendant was under the in?uence of alcohol. The Victim reported that Defendant as being "clearly drunk?. I I Attempt Solicitation Conspiracy 16308 (A) ..- 18 1 I 9 Lead? O?ensea Section Subsection PA Slatute {Title} Counts Grade NCIC Offense Code Code PennB'QTD'atai 5- :?PCidantf-I I . I .sli?aooli'cableEI?r. i 53 Small We Work Zone i Statute Description (include the name of statute or ordinance): Purchase, consumption, possession or transportation of liquor or malt or I brewed beverages I State College Borough, did, being loss than 21 liquo? or malt 0r brewed beverage, To Wit: the Acts of the accused associated with this Offense: The Defendant, Nicholas Michael Tavelia, on or about 1205/2015, in the County of Centre in?I years of age, attempt to purchase, purchase, consume, possess or knowingly and intentionally transoort any I Defendant did have the odor of beverage alcohol coming from his person, and had glassy, bloodshot eyes. The Defendant also was found to be in possession of an unopened can of Busch brand beer, which was in his left back podtet. Conspiracy 18 903 Counts Grade Ci Solicitation 18 902 A NCIC Offense Code UCRJNIBRS Code PA Slalme (Tillel Lead? Offense# Section Subsection 59-,Peln n?O?Bata Accident; all 23%: notation-'53 I I safety zone 3 WW I I Statute Description (inClude the name of statute or or..inance}: . - I Acts of the accused associated with this Offensetoec 412A Rev. 67/11} Page 51 or: POLICE CRIMINAL COMPLAINT Docket Number: Date Fiied: OTNfLiveScan Number Complain?lncidm-Number - Kit3533 7 4.- A . ":11 I MICHAEL TAVELLA I 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 verification is made subject to the penalties of Section 4904 of the Crimes Code (18 4904) relating to unsworn falsi?cation to authorities. 4. This compiaint consists of'the preceding page(s) numbered through The acts committed by the accused, as listed and hereafter, were against the peace and dignity of the Commonwealth 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 affidavit of probable cause'must be completed, sworn to before the issuing authority, and attached.) OFFICER COLE E. MCDANEL 12/07/2015 {Date} (agitators 6r Af?ant} . (My AND NOW. on this date I certify that the complaint has been property completed and veri?ed. . An a?davtt of probable cause must be completed before a warrant can be issued. I 1. . 0? {Magisterial Distn'ct Court Number) aoec 412A Rev. cane I Page .5. 06. XWI 01:? POLICE CRIMINAL COMPLAINL Doc at Number: Date Filed: OTN/LiveScan Number Complain?incident Number entity/SJ 12/07/2015 I Ti?ie'efsv'k?ica?t PSU201504700 i First: Middle: Last: Wmdanmam NICHOLAS . MICHAEL TAVELLA AFFIDAVIT of PROBABLE CAUSE On 12/05/2015 at approximately 0150hrs the Af?ant, Penn State University Police Of?cer McDanel, responded to the ?ve point intersection at Bigler Rd. and Hastings Rd. for a disturbance in that area called out by Penn State Parking Of?cer Grassi (4463) over two?way radio. The intersection of Bigle'r Rd. and Hastings Rd. is iocated within the Af?ants jurisdiction. The Af?ant was in full police uniform and displaying his badge of authority. The Af?ant and Penn State Police Of?cer Eckley identi?ed two Penn State students as Samjeris Victor, the Victim. and Nicholas Tavella, the Defendant, in that area. The Victim was identi?his driver?s license. The Victim is of Indian decent and has a dark skin complexion. The Defendant was identi?ed by his PSU ID. His identi?cation was con?rmed through a license check through which provided his identifying information and a photo. The Victim reported to the Af?ant that the Defendant had been following him and had made threats toward him. The Victim stated met while walking home to Nittany Apartments from Park Hill Apartments in downtown State College he came in to contact with the Defendant. The Victim reported that the Defendant then asked the Victim if he was going to rape a giri and then stated to the Victim ?I?m going to follow you home?. The Victim attempted to elude the Defendant, but The Defendant caught up to him and stated ?are you trying to get away from me.? The Victim reported that when the two got to the ?ve way intersection at Bigler Rd. and Hastings Rd. the Defendant grabbed the Victim by the throat and stated ?Don?t make me put a bullet in your chest. 1, OFFICER COLE E. MCDANEL, same DULY SWORN TO THE LAW, oeeose AND SAY THAT THE FACTS SET FORTH THE. AFFIDAVIT ARE TRUE AND CORRECT TO THE east OF MY KNOWLEDGE, INFORMATION AND (Signature of Af?ant . . . . . Sworn to me and subscribed before me this day of 2/1. /lJ . v? 3%425 Date i' My commission expires first Monday of January, 362: 0 59 4?73? Aoec 411C Rev. owze - Page 1 of 3(th POLICE CRIMINAL COMPLAINT- AFFIDAVIT CONTINUATION PAGE Becket Number; Date Filed: OTNILiveSoan Number Complaint/Incident Number 7 49-3%. 12/07/2015 I 3556'?? sir 3- . PSU2015047UO 2- - First: Middle: Last: NICHOLAS MICHAEL TAVELLA 7 AFFIDAVIT of PROBABLE CAUSE The A?iant spoke with the Defendant. The Af?ant noticed that the Defendant had the odor of beverage alcohol coming from his person and that he had glassy, bloodshot eyes. It was also found that the Defendant had a can of Busch brand beer in his back left pocket. The Defendant admitted that he had been following the Victim through campus. The Defendant stated that he felt the Victim had been acting suspicious. The Defendant stated that he had been ?racially profiling? the Victim several times to the Af?ant. When asked to explain what he meant, the Defendant stated that he had observed that Victor appeared to be of Middle? Eastern or Asian descent. When the Af?ant asked The Defendant if he had any contact with The Defendant he stated that he ?probably grabbed him?, and ?probably said something racist?. When the Af?ant asked the Defendant why he might have done that, he stated that it was because of the Victim?s skin color. The I 0? (Signature of Af?ant) neec 411:: Rev. an}; "T'bgg?mr??zf 9T00/9000l? 3(th