Fl FELONY MISDEMEANOR STATE OF INDIANA COUNTY or ALLEN }35: IN C0l6?i05 EXHHU. in! 1: Ch 1 will. Cit?; CAUSE N0. STATE OF INDIANA Mia when." {tail-fits ACPD Control VS. Josiah Pfenning} AFFIDAVIT FOR PROBABLE CAUSE l. The undersigned swears and af?rms, under the penalties for perjury, that he/she has good cause to believe that: Cl On or about the day of 20? 01' Sometime during the period of time between the day of March, 20g, and the may of August, 20E in the County of Allen and in the State of Indiana said Defendant did knowingly commit the crime(s) of Child Seduction and Possession of Child Pornography. 2. The Defendant, Josiah Pfenning is described as being: White. Male. DOB: 09/14/1938 (Race, Gender, DOB) 3 The A?iant, Sean Kelly, is an of?cer of the Allen County Police Department. The Af?ant, Sean Kelly believes and has good cause to believe that the said Defendant committed the aforesaid offense(s). The Af?ant bases his belief on the fact that on August ?at approximatelv 10:10 pm. an Allen County police of?cer was dis atched to investigate a p_oss'ble relationship between the defendant (a {Mop Teacher) and one of his students it"?yi?Wh DOB: .). The of?cer spoke with the victim who said her relationship with the defendant changed from friendship to something different in April 2019 (while she was a Junior). She said all the incidents happened at the school, which is located in Allen County, IN Your af?ant was assigned to this investigation. On September 3, 2019 the af?ant attended the forensic interview of the victim at the Dr. Bill Lewis Center for Children. The victim said she was being interviewed because she was sexually abused assaulted by the defendant who was her high school band director. She said the defendant had her believing their relationship was ok which started with a hug and transitioned to kisses on the cheek and then eventually into an ?actual kiss?. The defendant asked the victim if kissing ?could be our thing?. She said it always happened at school and was usually in the defendant?s office, band room or- storage room. The victim said things progressed and the kisses became longer and she would start spending more time in his of?ce. The defendant started placing his hand on her leg and holding her hand until they ?moved on? with their relationship-to almost ?making out?. The defendant got ?worse and worse? and started touching her ?inapprOpriately?. The interviewer asked where the defendant touched her and she said ?both area?s motioning to her breast and vaginal areas. The victim said he touched both of her breasts and between her legs. The interviewer asked if the defendant was saying anything during these times and she said he was being reassuring and telling her it was The defendant would ask her for permission and progressed from touching her on top of her clothing to eventually under her clothing. The victim con?rmed the defendant was squeezing and grabbing her breasts (under her bra) and would sometimes put his mouth on her breasts. The victim said he was under- her clothing while touching between her legs and said ?both? when asked if he was feeling her on the outside or inside. When asked how long this had been going on, the victim said it started approximately ?ve months earlier and continued through the summer up until the ?rst week of this school year (the music program continued through the summer months at the school). The interviewer asked if the defendant was aware of her age and she said he knew she was sixteen and told her when she turned eighteen they could start doing ?a whole lot more? and that he loved her. The victim said she interpreted his comments as meaning ?full on sex? which made her nervous. She said the defendant was asking for pictures and she agreed by sending photographs .in her undergarments but eventually was taking pictures exposing more of herself up until she was completely naked. The victim said the defendant requested the photos and told her what to send because it would make him happy. She said the defendant reiterated not to say anything because he would ?be put away for a very long time? and reminded her to make sure she deleted everything including conversations they had on Instagram. Your af?ant was able to corroborate the victim?s statements by speaking with other witnesses. One of these witnesses was a school parent who observed what seemed like inappropriate behavior by defendant towards the victim. She said she watched ?play flirting? between the defendant and victim which was ?awkward and weird? and made her ?extremely uncomfortable The af?ant later spoke with her daughter who said she along with two other students approached the defendant and told him his relationship with the victim was looking weird. She said the defendant-thanked them for letting him know and asked if they thought it looked weird. Your af?ant also spoke with other witnesses and collected relevant information to complete his investigation. STATE OF INDIANA COUNTY OF ALLEN SS: Subscribed and sworn to before me in and for said County and State this My Ten?m'Commission Expires: r/ ORDER Defendant appears in person. Review of probable cause held. The Court now finds probable cause does exist for arrest of Defendant. On motion of the State, cause continued for seventy-two (72) hours, excluding intervening Saturdays, Sundays, and legal holidays, for Formal Charges. Bail ?xed in the sum of . ORDER Hearing on issue of probable cause held. State of Indiana, by Prosecuting Attorney Karen E. Richards, ?les Af?davit for probable cause, which is examined by the Court. Court ?nds probable cause does exist for arrest of Defendant, and orders Clerk to issue a warrant for arrest of Defendant for the crime(s) of A udge, Allen CimuiUSupeW