State of Connecticut Division of State Police CRIMINAL INFORMATION SUMMARY Department of Emergency Services and Public Protection DATE TIME INVESTIGATING TROOPER BADGE CFS NO. TROOP 01/12/2019 01:00 RESIDENT TROOPER TIMOTHY VANDEV 0953 1900018401 TROOP LOCATION OF INCIDENT (STREET NAME AND ONLY): Exit 15 91 Wailingford 06492 Other Agency Involved: Record of Arrest: Under Investigation: El Arrest Warrant Attached: ARRESTEE SECTION (DO NOT IDENTIFYANY BY NAME OR IF WRITE IN THE NAME FIELD IN DOB FIELD) NAME Whalen, Kevin D.0.B. 9/27/1992 SEX RACE ADDRESS 151 Foxbridge Village Rd Branford CT 06406 US AGE ARREST 27 AGE INCIDENT 26 ARREST DATE 03/02/2020 COURT MERIDEN (7) COURT ADDR 54 West Main St, Meriden, CT 06451 COURT DATE 03/02/2020 INJURED YES AMBULANCE NO HOSPITAL YALE ICHARGES TYPE BOND 1 Use Seat Belt-front Seat 1 2 14-222 Reckless Driving 1 3 14-227a Ill Opn Mv Under InflAic/drug 1 4 14-240 Following Too Closely- Non 1 5 14?296aa(b) Op Mv Tel/elc Dev/txt 1 6 53a-56 Manslaughter 2nd Deg 1 7 53a?56b Manslaughter 2nd Deg-motor Veh 1 $500,000 8 53a-63 Reckless Endangerment 1st Deg - 1 BOND WILL BE: PRESENTED AT COURT TOTAL: $500,000 SUMMARY OF INCIDENT: An arrest warrant shall be attached when applicable excluding Juvenile/Child warrants. On 03/02/2020, at approximately 0700 hours, the accused turned himself into Troop on an active arrest warrant. The Court set bond was $500,000.00. The accused was processed and transported to G.A.7 for arraignment. APPROVAL REQUIRED: DPS-90-C (09/14/15) STEPHANIE "3 0166 DATE: 03/02/2020 THIS INFORMATION IS BEING RELEASED TO THE PUBLIC IN COMPLIANCE WITH THEFREEDOM OF INFORMATIONACT. FOR ADDITIONAL INFORMATION ON MAJOR CRIMES OR ARRESTS, CONTACT THE DIVISION OF STATE POLICE PUBLIC INFORMATION OFFICE PHONE: 860-685-8230 FAX: 860-685 8301 An Affirmative Action/Equal Employment Opportunity Employer RC 24'? agg??sg? ??ij?mf c3320: numim Agancy (5,ng numbw ?@353 WAT ?m I 35 i Ui?pgniijlfidci Wi? 1900038401 0513 TROOP i 1500 EE EE Sit-=1? of (Emma-?es: ii 0 (0'5;an of (TOWN) of 5547:2506 {Jackal Immbm Whaien, Kevin, J. Branford [200mm E3010 as? birth 157: Foxbridge Village 0:0 09/27/1092 Ea ma. held a: (Tram) Geograpiml {301m dale Qanmmiiw? g?argm MERIDEN m? 7 number OWE 4Q Em: curirmi?; mu E: 0i16001inn?din 93190ng Ramon MANSLAUGHTER 2ND MVI UNDER INFLUENCE LIQUORIDRUG AC Onmnimui (Dale) in 0101mm (Emma? (:i'msio numiwr Maiden 0111212010 5332-50 Emmi Tim mm DJri cesa'rim?z Em niiemsr; 0i; ILL OPN MV UNDER ALCIDRUG fai :?Tcwni On or [sham (mm; in 0f catamarai $99,300:: numl?usr Meriden 14-2273 (Emmi Three?mm Did 00001234 SE10 affenw 0i: FOLLOWING T00 CLOSELY- NON CNN (Elwyn) Gnar?lmui {1'me niGrsnaraiSi?iuie number Meriden 01/12/2019 14Bate Signed Prosccuim ibor?y {Bee Omar 3210mm! 3.. ?Qr/fjj i?cfendam mivgwd of (igi?aia [mime {Jim Suraiy -- {?3020} Dam Attorney Puhiic r'ieienc?sr Guardian change prepariy inventory number Count Piaa dam . Remit Additional diapoaition alibi-10v Couri Action pi number Emmi iniormalian GIMP Bondiorieiled L1 Forfeiture vacated LJ Forfeiture vacated and band reinstated Appiicanun fem 0309393 011031301: 0W3 mgram racaipi number Circie 000 fee recaipl ?umber Cii?cie 00:3 ifpaid I paid I ipaid I rm nrigjnai diapesiaien (Clerk) 6/?di This (3 page 1 of a 3 page infarma?on REV. 0; mm m: ?gm CR3- Rails; Pram/R 1900018491 narnzje CSR TROORI Agancy numbar 1600 GangmpaamI 22ft?!) nunsisagr r? RR RR RR, Whaien, Kevin, J. 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Extraditmn boundaries: estabiiahed by progecuim Ey Cami; Sigmwuw ?333 3 I area numbar GgographEC?E/II) Town of MM Dai/Z/g/(d 33:3: Ban?-ec?cm 2333:: E33333, vlrEue E313 Em: wt?h??g 33m? Eamgmm mmpWinE/an 2:233:33 :33: @3333 3333333333; 33333 have: :33: 3:333:33: Emma WC 7La,\ i E3333 ?34,313: (2:313: :ciian 337? :33 5 33333333: WEE: 3:33:31 :33? E333 Wi??ii? 33:33:31. amused an: mm: the. fa: 33333353333333: Judg: 2771's: I: page of: 3/1347: {informalim {teaser streamer {teetteertan aware or? senaeor Ute 003? Etliiatllitt??iib Rev. 37/11 Supporting Af?davits seated {bk. Sac. 36-1. 230-2, 1504; . t?i?ollce Case number Agency hair": Agency number 1900018401 TROOP i600 Name (Last, First, M/dci/a {nit/oi) I I Residence (Town) of accused Court to be hetd at (Town) Geographical Whaten, Kevin. J. Branford MERIDEN Wt ?umber 7' apatteettert For arrest Warrant ?re: a .Ztuege at {tee Queertar Court: The undersigned ttereby applies tor a warrant. for the arrest at the aeeused on the {tests at? the taste set {see in {rte-muses as; aw [:larseestue stresses. Date Signed (Moscow/:15: act/rarity) Type/print name of pzoseculing aulhnrity t? 2-4. ?5.2.1147 {it .5 ?t?trre urtrteretgaea {seating duty swarm amt says: 1. That, the undersigned Affiant, Trooper First Ciass Timothy H. Van Deventer #953, is a regular member of the Connecticut State Police Department and has been since January 20, 2006. That this Afftant is currently assigned as the Prospect Resident State Trooper under the Connecticut State Police Troopwl, Bethany, under the command of Lieutenant Michaet Perry 047, and at all pertinent times mentioned herein was acting in officiat capacity as such member of said department. The following facts and circumstances are stated from personal knowiedge and observations as well as information received from brother or sister officers acting in their official capacity. 2. That on Saturday, 01/12/19, at approximately 0100 hours, this affiant was dispatched to a roll-over motor vehicle accident iocated on i 91 Southbound between Exit 16-15 in the town of Meriden. On 01/12/19, at approximately 0105 hours, this atfiant arrived at the scene and was greeted by a witness named Robert Modzelewski (DOB 11/28/56) who stated that he witnessed a Jeep Wrangler rear~end a car in the center lane. Modzelewski stated that the car went into the woods in the right shoulder and he saw the Jeep flip over in the right shoulder. Modzelewski stated that he didn't see who was driving but he saw people laying on the ground in the area of the Jeep Wrangler. 3. That on 0?3/12/19, at approximately 0105 hours, this aifiant spoke with the operator of vehicle 1, Ashley (This /s page 1 or? a 1 page Affidavit) ?ats Sign (Afr n! 02124120201057 am ?Wii my Subscribed and to beta? me on {Sate} Signed, (J3 (Clerk waame??uWC9urt Notary ram?.41.?. fl) 2 Finding ?the toregotng app-itcatton for an arrest warrant, and af?davt?s) attached to said eppticatten, having been submitted to and considered by tine undersigned, the undersignee ?nds tram said at?davi?e} that there is probable cause to betteve that an offense {tee been and that the accused committed it a therefore, that erasable cause estate for the tesuanee at a warrant for the arrest of the above ?earned Date and .1. I yor/owr {atej? I Sign [f/tf?Ud rigs Trial Referee) Nam of Jud tar/Judge Trial Referee signature 552 35:} 4,5 smegma.? . . Lap/j by {it Es. ErEst E1 5.. EZE EE Etta raw. sat ?3 E-ir, as. am. sad, sea. sac CF53 @900013401 TROOP 34mm (5 535;, ?rst, [Vm??g Initial) Residence {Towriioi accused Court to be held at (Town) GEEOQEBPETECBE Whalen, Kevin, J. Branford MERIDEN Armani/miter att?tda?ett E?Zenttneed Wood (DOB 02/18/88). Wood was standing by the tight shoulder of the highway as this afftant pulled into the accident area. This afflant asked Wood if she was ok and she stated that her neck and back hurt but that she was alright. This atfiant then asked it she was the lone occupant in the vehicle and she stated that she was and that her vehicle was stuck in the woods. This affiant tnforrned her to stay there until more help arrived and then I went to tend to the other people involved in the collision. 4.. That on 01/12/19, at approximatety 0100 hours, this aftlant ran over into the right shoutder area and observed a male laying face-up unconscious and without a pulse. His head was facing a northerty direction and his feet were facing a southerly direction. This party was later identified as Edward L. Harris (DOB 01/02/91). This affiant then checked for a pulse on Harris and at the time he had no pulse. This affiant then ran over towards the Jeep which was rolled~over on it's roof area facing a northetty direction in the wood line. This afflant observed another person lying face-down with his head facing a southerty direction and his feet facing a northerly direction. This party was later identi?ed as lVEichaet J. Toscano (DOB 09/20/91) via NCIC and NCIC license picture. This aftiant yelled at the party to see if he was still aiive asking him "are you there?" This affiant then continued to talk with Toscano, and observed he was alive and had a puise. This afflant asked him "what's the matter, what do you feel?" Toscano then stated, "well i'm personal, drunk as shit." As this affiant was speaking with Toscano, this affiant could email a strong odor of alcoholic beverage on his breath. This afftant asked if there was anyone else in the car with him and Toscano stated that he wasn't sure. This aftiant then conducted a cursory search of the area and did not witness anyone else. This affiant then went back towards Harris and started CPR atong with Tpr. Culbertson, #1239 until arrived on scene and took over rendering aid. A short time later, Harris retained a pulse. 5. That on 01/12/?t9, at approximately 01t0 hours, dunng rendering aid to Harris, a Lombard Motor tow truck arrived at the scene with anothetr party sitting in the passenger seat, later identified as Kevin J. Whalen, (DOB 09/27/92) via and license picture. Once additional help arrived, this affiant was relieved by and this afflant went back over to Toscano to ask what had happened. Toscano stated that he didn?t know what happened but was adamant that he was not driving the vehtcte. Toscano stated that he was sleeping and then woke up on the ground. This affiant then went over to Whalen who was located sitting in the passenger seat of the tow truck. Whalen verbally stated that they were coming back from Mezzo?s in Middletown on their way to drop off his friends when they got into a car accident. Whalen stated that everyone in the vehicie was drinking at Mezzo's in tVlEddletown before they teft. As this affiant was speaking (This is page 2 of a Ed? page af?dav/t ease sigma (are ?a 2} 02/24/2020 10:57 am EAE i: ?3".33 Eerst? sameness endeavors .sfti?f?? ate satis?es/J signed ego/Esra} grim/selener er? carter Searg?efary Pizzeria} fig/?Etevtewed (?epgs?gegtetiaiof?cial} bate Eteviee?d (Jody/Jud, Eris! Refereeatt?t Lg? 15st; t5} Lit"; re?t?? hi .ior. in arts Rev. arr @?i?TEt if}? . setter Pr. Etta Sec. 35-1. 35-2, 30-13 . era a; i900018401 metastases . 03F, ?moon I t?lar?ne (Last. First, Ivtidd/e Ira/fall Residence/Tovmfoi accused ?30th lo be hetd at (?1an} Geographical Whaien, Kevin, J. 7 Branford Aw mm, with Whalen, this attiant smelled a strong odor of alcoholic beverage on his breath. Whalen stated that it was Toscano's vehicle and that Toscano was driving and that he was adamant on driving home. Whalen stated that he was sitting in the ieft rear seat and his buddy Harris was sitting in the front passenger seat and that Toscano was driving when they got into the accident. 6. That during the cursory search of the area, this affiant observed vehicle a which was identified as a 2007 Mazda 6i bearing Connecticut registration 515WTH. Vehicle it 1 was located at an uncontrolled final rest facing a South Easterly direction in the woods of the grassy right shoulder area of i 91 Southbound approximately one?mile North of Exit 15. The vehicle had extensive damage to the entire rear~end area, front end, and right side areas. This attiant also observed vehicle it 2 which was identified as a 20% Jeep Wrangler bearing Connecticut registration A021690. Vehicle ti 2 was located at an uncontrolled final rest on its roof area facing a northerly direction in the grassy right shoulder area of 91 Southbound approximateiy one-mile North of Exit 15. There was debris scattered throughout the right shoutder and heavy tire marks located from the center lane all the way into the right shoulder upon my arrival at the scene. Vehicle 2 sustained heavy damage to the entire front end, rear end, and roof areas. 7. That while at the scene, operator 2, Kevin J. Whalen, DOB 09/27/92, Michael J. Toscano DOB 09/20/1991, and Edward L. Harris DOB 01/02/91 were transported to Yale, New Haven Hospital via Hunters Ambulance at approximately 0135 hours for iniuries sustained during the accident. 8. That on 01/12/19, at approximately 0148 hours, TFC Pershinski #1367 took a statement from operator it 1 Ashley R. Wood (DOB 02/18/88). Wood indicated that on 01/11/19, she was in Middletown at an NA meeting around 930prn and then left with her friend Rob around 1145pm or so and traveled down Rt 66 and parked at Guidas where she had left her car earlier. She chatted with Rob until around near 1 am and then traveled onto Rt 66 to 691, and got on 91 Southbound. She was traveling home in the center tens of 1?91 South around 60?65 when she looked in her rearview mirror and saw headiights of a vehicle coming up behind her too fast and within a second the vehicle struck the rear of her car. The force of the vehicle pushed her car to the right and spun out. Her vehicle continued to travel into the woods backwards and finally came to a stop. Wood then walked over to a tractor trailer and saw someone waiking near the other vehicle that hit her. Wood saw a person iaying near the truck that wasn't moving but she did not go near them and didn?t {This is page are ?id page affidavit tagger; Signed it. 02/24/2020 10:57 am m?i? ?ares gubserth eat as sweet tore me de?ate) etgfiedf: (m ?led/r fifth? er of (garter Coo/rte {Qatari} true/firReviewed ?1%me official} State Reviewed {Judge Ju' oases . ML age 1?25 Iftef?r??) a 2r 2m ,4 attire a; git-gt Q??tg??w?fii?? a saeaatea eases Fr. 53%. 3.53.} . CPS 1900018401 TROOP Etta/he (Last, First, Midd/e in/r?ie/j Residence/10mm accused Court to be held at (their?) Whalen, Kevin, Branford MERIDEN Argent/mm! 7 e?tdaett titeattnaett realty see the vehicle or anyone etse outside. 9. That at approximatety 0157 hours, this affiant took a statement from Mohammad Khan (DOB 07/22/87) who was a tow truck operator and a witness. Khan indicated that on 01/12/19, at approximately 1AM. he was operating his tow Truck on 91 Southbound, 1?mile North of Exit 15, when he passed a vehicle flipped over in the right shoulder of the highway. Khan stated that he then continued to drive on i 91 Southbound and saw a person walking down the road. He then pulled over into the right shoulder of the highway and got out of the tow truck and started to speak with the man and saw that he was covered in blood and asked him what happened. Khan indicated that the man stated that he didn't know what happened but that he was sitting in the back seat of a vehicle and then the vehicte then flipped over. He stated that he was not driving the vehicle. Khan then asked him where the driver was and he stated that he didn't know where the driver was. Khan asked him how many people were in the vehicte and he stated that he didn't know. He stated that his shoulder was hurt and his head was bleeding a lot. Khan then had him sit in the passenger seat of the tow truck and then at approximately 1:02 AM. called 911. 10. That at approximately 0200 hours, Tpr. Cutbertson #1239 took a statement from a witness identified as Robert Modzelewski (DOB 11/28/56). Modzelewski indicated that on 01/12/2019 at approximately 0100 hours he was driving his tractor trailer in the right lane of three on 1-91 South, before Exit #15. Modzetewski stated that he was ttaveitng a couple hundred feet behind a vehicle in the center lane and was driving at about 65 MPH, and he believed the vehicle ahead of him was going about the same speed as well as they were maintaining roughly the same distance apart. Modzelewski observed a dark colored SUV pass him in the center lane at a high rate of speed and crash into the back of the vehicle that was traveling in front of him in the center lane. The SUV did not brake at all before striking the vehicle. The SUV then rolled several/times to the right and ended up on its roof in the grass area off the right shoulder. The vehicle that the SUV struck also traveled off the right and went into the woods. lVlodzelewski then pulled over and dialed 911. He then exited his vehicle to see it anyone needed help. The first person that he saw was a male (later identified as Edward Harris) that appeared to be from the SUV. He was on the grass and was unconscious. There was another male on the ground by the Jeep who was alert and able to talk with lVlodzelewski later identified as Michael Toscano. {This is page 4 at a 7'5: page Af?davit Etese $011311 (Am i} a 02/24/2020 10:57 am $34,733.23 #303 imam eebeerthJeet eye/?ts the de?ate) staneetd?c sent Esioat?g?w?i? fajita} tteetewed {Firewater/fat Grits/tat} 0e32,? Reviewed??ddg stares this? m. .1. :3 SEE titE Er. 30-1, 3.22 Etta?! cr=s 190001 840% can tnooe i Name (Last, First, Middle tattle/t ftesidsnce (Tow/110% accused Court to he held at {town} Geographies: Whaien? KeVin' Branford . .. . .. 11. That on 0t/t2/19, at approximately 0350 hours Tpr. Culbertson #1239 obtained a written statement from Kevin J. Whalen (BOB 09/22/1992) at Yate New Haven Hospital. Whalen indicated that on 01/11/2019 he woke up around 0400 hours to go to work at Mossberg Firearms in North Haven. Whalen said that he was at work untit about 1400 hours and then went home where he stayed until about t830 hours. Whalen stated at 1830 hours he teft his house to meet up with a girl named Jen at a bar called Bullseye in East Haven. Whalen explained that he had only met Jen a few times and did not know her last name. Whalen stated that he had a few drinks and played pool at Butlseye before heading home at around 2000 hours. Whalen stated that when he got home his friend Mike Toscano picked him up in his Jeep and they left to pick up their other friend Ed Harris at around 2015 hours. Etom Harrls?s house in Northford Toscano drove to a bar catted Mezzo's in Middtetown. Whalen stated that at Mezzo's he had a few beers and a vodka mixer. Whalen explained that at about 0030 hours he and his friends left Mezzo's in Toscano's Jeep to head to another bar called Eli's in Branford. Whalen stated that he was sitting in the back seat of the Jeep, Harris was in the front passenger seat, and Toscano was driving. Whalen said that he was sure Toscano was driving because he was being very adamant about driving his own car. Whalen stated that he was not wearing a seatbelt and knows this because he never wears a seatbelt. Whalen said that he onty remembers singing along to songs on the radio in the back seat of the Jeep and did not remember the accident at ail. Whalen stated he did not know what lane Toscano was driving in or even what highway they were on. Whaten stated that the next thing he remembers was waking up outside of the Jeep, being very cold, and in a lot of pain. Whaten said he saw yellow flashing lights and ran towards them to get help. Whalen explained that it was a tow truck and the driver told him he was in an accident and to'sit in his truck to wait for an ambulance. Whalen stated he does not remember much while sitting in the tow truck othezr than being shook by an EMT to wake up and then moved to the ambulance. 12. That at approximately 0415 hours on 01/12/19, Tpr. Culbertson #1239 obtained a statement from Michael Toscano (DOB 09/21/1991) at Yale New Haven Hospital. Toscano indicated that on 01/11/2019 at about 0630 hours he left his house to go to work at JJ Sullivan Propane in Guilford. Toscano said he left work at about 1630 hours and went home. Toscano stated that he went to a store quick from his house but came back to shower and eat dinner. Toscano explained that at around 2030 hours he teft his house to pick up his friends Kevin Whalen and Ed Harris from their houses. Toscano said they went to a bar called Mezzo's in Middtetown and he parked his Jeep tn the parking lot behind the bar. Toscano said that at Mezzo's he drank about six red bull and vodkas and got pretty drunk. Toscano stated that when they left Whaten told him that he was too drunk to drive and to iet him drive home. Toscano said that on the way (Th/s ts page 55 of a 16 page af?davit titate signed (it fit/tent} 02/24/2020 10:57 am #3533 Elena? auhwygaen ,swawfereand tee odDate) etgeed (J ?gs/rem} .2: missionar ?gs? pe?afdfeurt, wary ?oods} . .2 . .153; ?e ?if? if) 52/? Egg/yes tteytawed (Eros ?f?t?icielj Date Easiest/Sad (Judge Judge Trial Referee) tar/75;, ?My. easement tweettrenoe if}: (f3 {1243: Pan tr 3.43.33 Stet: 3st CPS 1900018401 awardecteev CSFJ TROOP 333333133 (Last, First, Middle Initial) Residence accused Claim to he held at (Town) Gengrapl?ticai Whaien, J. Brantord MERIDEN area number attrdaeit .. {garnished home he was sitting in the front passenger seat of his Jeep and he stated that Kevin Whalen was driving and Ed Harris was in the back seat. Toscanc stated that he had his seatbett on while in the front seat and said that he then tell asieep as soon as he got in the car. Toscano stated that he did not remember the accident at at] and only remembers waking up in the hospital. 13. That on 01/12/19, at approximately 0418 hours, next of kin, Jessica Dematteo (DOB 07/32/71) was notified that her son Edward L. Harris (DOB 01/02/91) was involved in a motor vehicle accident and was being treated at Yale/New Haven Hospital by Yale Social Worker Winsome Mellers. On 01/16/19, at approximately 1447 hours, Harris succumbed to his injuries sustained during the accident. The State of Connecticut Office of the Chief Medical Examiner conducted an autopsy on Harris dated 01/19/19. The resuits of the autopsy for the deceased Edward L. Harris (DOB 01/02/91) state that Harris had a blunt injury of the head with scalp abrasions, skull fractures, subdurat hematorna's, and Hypoxic Ishemic Encephalopathy. Harris aiso had a blunt impact injury of the trunk and an abrasion ot the hip. The cause of death is a blunt injury of head and trunk and the manner of death is accident (passenger in motor vehicle collision). The toxicology report indicated that Harris had an ethanol level of 259% on 01/12/19, at 0207? hours. 14. That on 01/12/19, the State Police C.A.R.S. unit was called to the scene. TFC Gorski #935 conducted on scene accident reconstruction on 01/12/19 and conducted a mechanical inspection of vehicle it 1, and vehicle 333 2 on 01/17/19 with the assistance of TFC Comstock 7?75 in the secured evidence lot at State Police Troop l. The inspection consisted of examining the major mechanicat components of the vehicles in an attempt to determine if there were any mechanical failures that couid have caused or contributed to the crash. That the Mazda 6 had no abnormalities or mechanical defects found that would have been a causative or contributing factor in this crash. The right rear brake pad and rotor had metal on metal contact which couid affect the braking ability of that wheel. The Mazda 6 was inspected for transfer patterns that were not consistent with the crash. The right rear side bumper cover had contact sideswipe type damage and the iett front side had contact damage that was not associated with this crash. All the other transfer patterns were consistent with the crash sequence. The Jeep Wrangler was found to have no abnormalities or mechanicat defects that would have been a causative or contributing factor in this crash. The 1st Row left and right seatbelts were buckled behind the back of the occupants which was indicated by all the occupants in the vehicte being ejected from the vehicle during the rollover sequence. The Jeep Wrangler was inspected (rats is page or a re cage Af?davit tease Signed (?fflartt (i 02/24/202010:57 am Marat sameness else sworn are the debate) signed stern Jaw or rJror Court Notary sue/1c) ?J?i/Qy 23:3 3.377"? New: #11333 reevtewed Wayfarer/?33: cream} hastened ?wag/35f 33: defame} raiJs?-s 52/ 1.32?? 3/ 3" Ei3i7iuttatt?2ti are. EE 1" Pr. idii, teen. 35%, i?iriait org 2; 1000010401 esp ?ramp i Name (Leaf. First. Mfr/rile Initial) Residence/?fownbf accused Spud to he held at fawn) ?ieographleai Whalen, Kevin, J. Branford MERIDEN Areanumbar Ettidaeit-E for transfer patterns that were not consistent with the crash. All transfer patterns were consistent with the crash sequence. The manufacturer recommended tire size for the vehicle was but the vehicle was equipped with tires. The speed variance between the manufacturers? suggested wheei size and the equipped wheel size will be 43.70% too slow if speedometer was not recalibrated for the larger tires. 15. That on 01/t4/19, at approximately 1300 hours, TFO Yokley #407 obtained a second statement from Toscano as well as his girlfriend Leah [Doll (DOB 11/27/91). Toscano indicated that on 1/12/19, after he was treated for his injuries he found his cell phone with Harris's belongings at the hospital. He saw that he had received 4 Snapchat video messages from Whalen and that Whalen's snapchat username was KWhalenS. Toscano had only recorded the remaining two snaps and given them to this affiant on three different recordings. Toscano viewed these videos at approximately 4:00 pm on 01/12/19 from his hospital bed at Yale/New Haven Hospital and the snaps were timestamped 15 hours prior when they were opened on Toscano?s celi phone. According to Snap Inc. Law Enforcement Guide, the Snap servers are designed to automatically delete a Snap after it has been viewed by all intended recipients and that snap servers are designed to automatically delete an unopened Snap sent directly to a recipient after 30 days. These videos in question, were taken from the driver's seat of Toscano?s Jeep Wrangler. in one of the two snap videos this affiant observed the Jeep passing the 1?91 Southbound Exit 17 off ramp between the left and right lanes. The video clip is only a few seconds. There is a person that Doll believed to be Whalen singing in the videos and the radio is very loud. The second of the two snap videos, is even shorter, and shows the front dash of the Jeep with singing in the background. Doll stated that she thought it was Whalen singing in both videos but this aftiant is uncertain who was singing. in one of the videos this affiant as well as Toscano heard a voice saying, "Yo, wake up". Toscano stated that it was not his voice saying "yo, wake up? and it is not his voice singing. Toscano stated that he had requested of his data from Snapchat and they sent him his records. Toscano stated that he voluntarily provided TFC Yokley with the records showing that he received 4 videos from user kwhalenB which Toscano stated was the snapchat of Kevin Whaien on 1/12/19 between 1255 am and 1258 am. 16. That on 01/07/20, at approximately 1530 hours, this affiant obtained a signed a search and seizure warrant to obtain subscriber information for the snapchat accounts associated with the username kwhalen5. This search warrant requested information to inctude the e?mail address. phone number, account creation {This is page 7 of? a 76 page af?davit Bate Signed Giff? 02/24/2020 20:57 am WE V1: We Stern?s" garage, read an aware/before me Eart?ate) signed QE/t?fei/r 7 mntrasfoner??aee?er Court, dietary Putt/fie) r052 :22 .222 8.22; 22:2.? . Reviewed {Presezf?ororiri (mic/Eli date neutewed( Trier/Referee1.31? M2 Attiee??t eraser: streamer 3.3: rate as narrate tear ?93533in l?3tit $35.33? 543:?, Elk. tEtt-zc. 3b! BBQ. sea a 1900018401 can TROOP 5'?th {t it Hrs; a, fut/data lzi/r'ia/l Residence(Tori/obi accused Counts behcirl at (Town) ?eogranhical Whalen 3. Brantord MERIDEN am ?esta-read date, and timestamps and IP address for account longins/logouts. On 01/08/20, at approximately 0816 hours, the signed search warrant was submitted to Snap Inc via email to iawenforcernent@snapchatcom and an automated reply was generated from Team Snapchat with confirmation number 63281370. On 02/04/20, at approximatety 1156 hours, this atflant received an email from lawenforcernent@snapchat.corn regarding snapchat case #63281379. The email stated that attached in a separate email from is a response letter and certificate of authenticity regarding the records responsive to this affiant's search warrant request. This affiant clicked on the link and a zipped file appeared from the link. This zip fiie was then downloaded and submitted on a back to the court. The file contained a microsoft excel document that identified snapchat account information for The file shows the e?mail address listed for as kwhalen05@yahoo.com which was created on Friday January 4, 2013 with a phone number listed at 203-645?7071 and an IP address listed as 73.142.151.93. This phone number matches the phone number associated with Kevin J. Whalen DOB 09/27/92 who was involved in the fatal motor vehicle accident. 17. That on 01/16/19, at approximately 1409 hours, TFC Yokely, #467 took a third statement from Toscano. Toscano indicated that he is giving another statement to provide additional information about three selfie videos that he took on his celt phone on 1/12/19 at 0024 hours. These videos were seized and placed into Troop Evidence. The three videos were taken as selfies with himself and Ed Harris. This affiant also observed the videos and they show the Toscano and Harris walking to Toscano?s vehicle after leaving Mezzo?s in Middletown. In the first video this aftiant can observe Toscano and Harris talking and watking outside. Toscano indicated that they were discussing the fact that Harris was kicked out of inezzo's and at the end Toscano says, "Has driving" to Harris. The second video starts with Toscano saying "my Jeep dude" which is simply a continuation of the first video. So the entire statement was "He's driving my Jeep dude". This affiant then observed the video showing Toscano stating, "1 hope he drives standard". You can then hear a person off camera state "Let's get the fuck going" and Toscano start saying we're Don't worry about it got shotgun boy, i got shotgun what? to Harris. Harris then states "you?re the one fucking driving? to Toscano and then Toscano responds by saying "Kevin's driving bitch." This affiant observed that those two statements occur in the third video which is a continuation of the second video. This affiant also heard a party off camera state "yeah" after Toscano said ?he's striving." While walking away this A?lant observed in the background of the selfie video a btue neon Mezzo's sign in the left hand corner of the screen along with a building next door with a red awning. As the video plays, this affiant can observe a portion of three vehicles parked on the right side. One white SUV parked in the first parking spot, a dark colored {This is page 5" of ?id page af?davit ease Signed {It . 02/24/2020 10'57 am 77%? Eraser 3:5; rne ?atness} Signech? an. terminator Gear Watery ?ts/bits) t? ?j 5 /.frt) 9 ?ttest-awed [Modegmoriai af?icts!) [it ate Reviewed (fudge Judy??f iterates) :27 [gag .. .. f; if i a? gift tow {fa Lat" ?rst arteries/.515. riot/.751 EEC Easier rai/ Est, Sbi 5363?? .3615 CPS rt: 1900018401 cer moon 1 Name (Last, First, Middle Initial} accused Court to he held at (Town) Geographical Whalen, Kevin, J. Branford MERIDEN vehicle parked in the second parking spot, and a Dark colored SUV earked in the third parking spot followed by yeiiow painted no parking lines. 18. That on 01/14/19. at approximately 1200 hours, TFO Yokely #40? took a statement from Leah Doll (DOB 11/27/91). Doll indicated that she is giving the statement in regards to things she knows about regarding a motor vehicie accident that her friend Michael Toscano (09/20/91) was involved in on Saturday January 12, 2019 at approximately 1:00am. On at approximately 12:13 am. Doll spoke with Toscano for approximately 8 minutes and he stated that Whalen was going to drive home and that it was okay because Whalen was good to drive. At 12:30 am, Toscano called Doll?s cell phone again and stated that he was leaving Middletown with Whalen and Harris. Doll stated that she heard someone in the background state "where am i going? Mike teil me which way to go don't know where lam going." Doll stated that she knows it was not Toscano's voice that stated this but she was unsure who asked Toscano for directions. Later in the day, after finding out Toscano was involved in the accident and visiting him in the hospital Doll, Toscano?s brother, and Toscano?s mother went to visit Whalen in Branford to find out if he was okay. There were quite a few peopie at Whalen's house and Doll spoke with Whalen and his mother about the accident. Whalen's mother told Deil that Whalen was in the backseat due to a longstanding game where the youngest person sits in the backseat. Doll stated that Whaien's mother said that Whalen did not remember the accident only that he was walking down the road and flagged down a tow truck and was able to call her while he was in the tow truck. Whalen's mother also told Doll that Whalen never wears his seatbelt and was very adamant about that because Whaien was saying that he never wears a seatbelt. Doil also had two videos of Toscano opening snapchat messages sent to his phone from Whalen's phone. These videos were found on Saturday afternoon because they found Toscano's phone with Harris's property at the hospital. These snapchat videos were taken and sent the night of the accident and appear to be taken from the driver's seat of Toscano's Jeep Wrangler as the driver of the Jeep is filming. You can see the vehicle passing l?91 southbound Exit 17 in one of the videos. 19. That on 01/24/20, at approximately 1823 hours, Toscano e-mailed this affiant a copy of his phone records from January 2019. These records indicate that they came from phone number 2034464404 which is Toscano's cell phone. The records show two phone calls from phone number 203-848?81 81 which is Leah Doil's phone number on 01/12/19. The first call was placed on 0013 hours and was nine minutes long and the second phone cali was at 0030 hours for two minutes. These phone call logs match the sworn written statement that Doii gave to TFC Yokely regarding her phone conversations with Toscano on the night ("fit/a is stage 9 ofa E5 triage Ef?davr?t Signed (Eff 7 02/24/2020 10:57 am Ig?ji ?ag-.23 thserthert amt Emma is fore the EE?are} Signed Jud {3.13m pmmissr?ener off; for Geoff era/?y E?Eubf?ej Surat: .2 i x? 2.35:? . r? 9 Ex? Ea VieweE (Eroa?aafreriai amide!) Erase Edge ridge Trial Eeferes) . ?it" 4? ,5 .. 7 fag/7. 45:? gr" (to i saw ?rst; LEE: . .r {3&5th CFEB 1290001515201 CSP (Earns (East. Per idrntog?ltmrijot arctJ 2J3.3d {)gu?mbei?ield at (Town) Geograpi?ricat Whalen, Kevin J. Branferd MERIDEN Arsammber .. East of 01/1211 9. 20. That on 01/15/19, at approximately 1730 hours, this atfiant met with Doii for a follow-Lip statement. Doll stated that after reviewing her statement, Doll did riot inciude that she spoke with Toscano as he was leaving the bar in lViiddietown while they were driving away. Doll specifically remembers Toscano state that his friend Whaien was driving when they left the bar. Doil stated that she has never met Whalen before and she was not sure how they met for the first time. Doll stated that she did look at Whalen's Facebook page and she believes that he west to North Stanford High School but she does not believe that they were friends. 21. That on 0?i/17/19, at approximately 0930 hours, assisted Troop CARS Unit with the execution of a search and seizure warrant on Vehicle #2 (Jeep Wrangier). The reason for the search and sezure warrant was to identify who was operating the Jeep Wrangler at the time of the accident due to conflicting statements. The vehicle was processed in the Troop garage. During the course of processing, took photographs and seized nine (09) items of evidence. Ali items seized consisted of DNA swabbing?s from various locations and the collection of potential hair fibers from the vehicle's headrests. packaged and labeied all evidence and later secured the evidence in the Troop evidence room. 22. That on 01/22/19, at approximateiy 0900 hours, this affiant aiong with TFC Yokley #467 went to the address of Kevin Whalen in an attempt to re-interview him and obtain DNA swabbing's along with consent to release medical records. Whaien stated that he was instructed by his iawyer to not discuss the case. On 01/22/19, at approximately 1000 hours, this a?iant Went to the address of Michael Toscano to obtain a signed request to consent to retease of medical records form. Toscaho gave consent and signed a 167-C Consent to examine evidence as well as a Yale/New Haven Hospital medical records release form. 23. That on 01/28/19, at approximateiy 0900 hours, this affiant and TFC Henriques #1081 met Assistant State's Attorney James Turcotte at GA. 7 iocated at 54 West Main St. Meriden CT to review and sign two search warrants for Kevin Whalen (DOB 09/27/92) to attempt to identify who was operating vehicle 2 during the accident. The first search warrant was for a copy of Whaleh?s medical records from Yale/New Haven Hospital the night of the accident. The second search warrant was for Whaien to submit to Bucca! {This is page ate 1'6 page Af?davit . ?ats signee(?ffia 02/24/2020102573m I, 3395.3 Egret: subasrieae? aria swam arena are Sigma {jgd /?2Eerk, ?1 rrg?fssifeaer a? starter Cat: Watery Pita/its} :9 (2/55? Ea S?s, 53:3: 3/ assists/tea (art?seaggeria/ eraser} taste (Wear: I f?aij fame). 733%} .0 . 69/ ?Jf! Juli ?as? . i t1 ?1%Etit?5t i :1 {la i5 state 9:3? EE sea-err r, E2111. M. as 1 sea, sea . CF53 11; 1900018401 csi:E reooe Name (Last, First, ivf/c/d/e Inf/mi) RBSMEHCQ Court to be held at (Town) Geographical Whalen, Kevin, J. Brantord MEREDEN Area 111111111111 swabs. On 01/28/19, at approximately 9930 hours, we met with Judge Srossrnan and the two search warrants were approved by Judge Grossrnan. 24. That on 0t/16/19, at approximately 1355 hours, Toscano voluntarily came to Troop i and met with TFO Yoldey #467 and signed a consent to search and examine evidence form. Toscano then voluntarily gave two touccal samples. On 02/05/19 at approximately 0940 hours, Kevin J. Whalen (DOB 09/20/91) came to Troop to provide a DNA sample. Whalen was given a copy of a signed search and seizure warrant 61 signed on 01/28/19 tor buccal samples. On 04/02/19, at approximately 1127 hours, this investigator received an email from the Case Management Unit of the State of Connecticut Forensic Laboratory with the DNA Results from the executed search and seizure warrant for a 2016 Jeep Wrangler bearing Connecticut Registration A021690. The report was inconclusive in positiveiy identifying the seating positions of Kevin Whaien and Michael Toscano. The report indicated that the DNA for Whalen was inconclusive for the gearshift and eliminated from the steering wheel. 25. That On 0t/07/20, at approximatety 1605 hours, ASA Dinnon of GA. 7 requested for the State Police Forensic Lab to test police evidence item's 14 and 15 which were identified as samples from the driver seat headrest and front passenger seat headrest. These items were not accepted by the Forensic Lab upon the first request. On 01/08/20, Joy Reho of the Case Management Section e-malled ASA Dinnon and stated that the State Police would be able to submit those examples for further testing. On 01/10/20, evidence Trooper Bastura #936 from Troop submitted the evidence to the State Police Forensic Lab for testing. On 02/10/20, at approximately 1200 hours, an email was sent from TFC Bastura it 936 along with this affiant with the results of the Forensic Biology Report for evidence #14, envelope with "Fiber Extraction 3 of Front Passenger stde head rest" and #15, envelope with "Fiber Extraction 4 of Front driver side head rest." The resutts of the tests were inconclusive. Submission #14 was determined to be a human hair fragment with no root/tissue?like material to test. Submission 15 was determined to be an animal hair. 26. That on 01/29/19, at approximately 0810 hours, this affiant arrived at Yale/New Haven Hospital Medical Records located at 100 Church St. S. New Haven, CT and executed the search warrant for medical records for Toscano and Whalen. This atfiant then on 01/29/19, at approximately 0942 hours, emailed the State of CT Forensic tab with a copy of Toscano and Whalen?s medical records and a request for analysis to have a {This is page 11 eta 1?65 page Af?davit taste stipend {ft 02/24/20201015Tam W??j?g/Ufy Mg? Emmet: amt swore efore me oe??ete; signs: wg??rdg [a?cc trays/one? Sweet?s/E ?goers, ?ery . . :1 e/ .wew as,? Reviewed fores?a/j Bate 1?21 Remewe?l?itij Juggle Tries? Referee} 1? WM . . E3 .QE Eat} ifiit. 5: . set. 30?2, die?o . vaEv. new: . ov we at; 1900018401 3 can tacos: Fierce (Last, First, Mint/fa in?ict) Resicience{'fovv131ct accused Courti'o beheidai (Town) Geographicai Whaten, KEVEH: Branford . . MERIDEN Areanmnher Serum BAG Conversion completed. On 02/15/19, at approximately 1556 hours, this atfiant received an mail from the State of Connecticut Scientific Services Lab of the conversion of reported serum ethanol vaiue to a whole blood eguivaient ethanol value using a 1.16 to 1 sernmuto?whole blood ratio. The results of Examinations concluded that item 2: reported serum ethanol value of Michael J. Toscano: 200 milligrams per decititer(200 mg/dL). item it 2: converted to whole blood ethanol vetue (blood alcohol content) of Michaet J. Toscano: 0.17 gram percent item it 3: reported serum ethanol value of Kevin J. Whalen: 155 milligrams per deciliter (155 mg/dL) item it 3: converted to whole blood ethanoi value (blood atcohol content) of Kevin J. Whaten 013 gram percent (0.13 The report was digitally signed by anaiyst Lynda Dalton Forensic Science Examiner and Technical and reviewed by Robert Lockwood Forensic Science Examiner. 27. That on 01/24/19, at approximately 0921 hours, this affiant spoke with Mr. Roger Beiiveau who works for the Middletown Parking Department in an attempt to tdentify who was operating the Jeep Wrangler at the time of the accident. This affiant gave Beliveau the make and model of vehicle 2 (Jeep Wrangler) as well as a description of the individuats that this affiant was searching for along with a time frame around 0030 on 01/12/19. Roger stated that he would review the camera footage. On 01/24/19, at approximately 0937 hours, Beiiveau stated that he found two fites showing the three individuals getting into a vehicle at 0026 hours that matched vehicle 2's description. He stated he observed the Jeep parked in front of Middletown City Hall and observed three males leaving Mezzo?s Grille walking towards the vehtcte. He stated that the vehiote he observed in the video was a dark colored Jeep Wrangler and that the three individuals he observed matched the description that this atfiant gave to him. 28. That on 01/24/19, at approximately 1130 hours, a copy of the videos from the Middletown Parking Authority was sent to this aftiant. The video was viewed and shows a date and time stamp of 0018 hours on 01/12/19 from a pole camera in Middletown. The camera faces Mezzo's Grille and shows Whalen wearing the same checkered color jacket that this at'ftant had observed Whalen wearing at the scene of the accident. Whalen and Harris were seen on the video leaving the front of Mezzo's and outside smoking a cigarette. The video then shows Whalen teaving Mezzo's Grille watking down the street ahead of Toscano and Harris who walk behind him. This video is 5 minutes and 16 seconds. This affiant also observed Toscano at the end of the video pick up his cell phone and start to look at it. This affiant observed that white Toscano, Harris, and Whalen were walking away from Mezzo's, a blue neon Mezzo's sign in the right hand corner of the screen (This is page 72 or a 1'6 page Affidavit. Same Signed 02/24/202010257am .171 #1721 fj? 33333 7777777 5777777777777 77 7777/ 7777777777 77777 7.7 77777 7775337737) Signed (J7 ?cmmisat Mgerc 35753?? Petra/lo) r3/ 77/9277 7 7 77777777777777 {77777777737767.7777 773737;)777? {37377 eevte?Wett (image 313:3 ?fr f?eferee) 77:s77 72/7! a c4 a . t, WEE tit-f. - tie-.5 tt tit? EutthtEtZEtt?tt Flt: Etta L. 3551, 35336.5, 9000.: 8401 wwijtetrges TROQP Earns {gist First. Middle initial) Rr38 tdencefibwnlot achJ8ed Courtio he held at [Tom-r) Geographical Whalen Kevin Branford Am, numb,? Etedastt . along with a buttding next door with a red awning. This affiant can also observe three vehicle parked on the right side. One white SUV parked in the first parking spot, a dark colored vehicle parked in the second parking spot, and a dark colored SUV parked in the third parking spot followed by yellow painted no parking lines. This atfiant observed that the same three vehictes, signs, and no parking lines that were in the Middletown video were the same as the selfie video that Toscano took on his cell phone where Toscano indicated that Whalen was driving. 29. That the second video is from the Middletown City Hall camera and shows the front end of Toscano's Jeep parked across the street from Middletown City Hall on Plaza. This video is time stamped 01/12/19, at 0025 hours. it is observed that Whalen walks around the back of the Jeep, unlocks the front driver's side door area, reaches inside the vehtcte and unlocks the passenger door and Toscano then gets into the passenger side and moves an object. Whalen then exit's the vehicle and urinates on the sidewatk area by where the Jeep is parked. it is then observed that Harris comes up and opens the passenger side rear door and enters into the Jeep. Toscano then enters back into the passenger seat area and sits down. Once Whalen finishes urinating, he climbs into the Jeep Wrangler's front driver?s seat and sits down. It is Observed that Whalen is still wearing the same checkered colored white and red sweatshirt that this affiant observed him wearing while he was seated in the front passenger?s seat of the tow truck immediately after the accident occurred. The video shows Whalen starting the Jeep, then turning on the headlights and then driving away approximately two minutes and 10 seconds later. The date and time stamp on the video is 01/12/t9 at 12:29 AM. This video is 2 minutes and 15 seconds long. 30. That on 01/29/19, at approximatety 1542 hours, this affiant sent another email request to Roger Belieau of the thiddtetown Parking Authority requesting camera footage from camera CH SW PTZ from 01/11/19, at approximately 2122- 2125 hours of the Bteck Jeep Wrangler parking in the parking spot on lVlelilli Plaza across from Middletown City Hall. On 01/30/19. at approximatety 1025 hours, this attiant viewed the video sent by the Middletown Parking Authority. The video starts at 2122 hours on 01/11/19 and shows the Black Jeep Wrangler paraltel parking on Meliitl Plaza directly across from Middtetown City Hall. This video also shows and confirms Toscano's sworn written statement that he drove to Middletown. The video also shows that Whalen gets out of the front passenger seat and shows Harris getting out of the back seat area of the Jeep. Whalen and Harris leave the screen at 2123 hours, and Toscano is still in the driver's seat. Toscano is then seen locking his Jeep and then running towards his friends approximately thirty seconds tater. {tins 1s page 13 at? a ?id page Affidav/r 33%? Signs: (Effie?t) 02/24/2020 10:57 am gg?g?fg Earat: sesame-as rm swore/teeters the matters) signed (Jr; age/meek sperier??gmt Notary Petr/Io} .2 Eat? MS. wwg??isww 9 3?7 .. y? Ester Efficfai} Erase Eevietri'ett {W?mgw {mt Eestawad {Eros 1,52): ?t?t ?557 $33532?? ?r the. 1x 065-1, 3535:, ear ces 1900018401 7 cse moon t5aino {5.555 E, First, Middle initial) Residenoeribwrdataccused Court to be hetd at (Town) geographical Whalen, Kevin, J. Branford MERIDEN ?esttadet?t 31. That on 02/22/10, at approximateiy ?14530 hours, this atfiant met with witness Robert Modzelewski (DOB ?11/28/56) at the TA truoit stop in Southington CT. iViodzelewski was driving the Tractor trailer in the right lane at the time of the motor vehicle accident and caught the accident on video. Modzelewski provided this atflant a thumb drtve with a video on it from the night of the accident on 01/12/19. This atfiant then viewed the video and the video depicted the foiiowing: The video was taken 1from iViodzeiewski's Garmin dash camera from his Tractor Traitor while traveling in the right lane. The date and time stamp on the video is 01/12/19 at 0058 hours. The video depicts vehicle ti ?1 traveling in the center lane of three lanes, ahead of Modzelewski's Tractor trailer traveling in the right lane. it is aiso observed that vehicie it was traveling approximately the same speed as the tractor trailer not passing any vehicles. The (BPS. speed on the dash camera at the time is 65mph. The video then depicts at 0059 hours, vehicte 2 traveling at a very high rate of speed in the center lane behind vehicie i and closing the distance to vehicle t. This date and time stamp is one minute apart from the video that Whaien sent to Toscano vta snapchat. The Garmin video then shows vehicle 2 strike vehicle in the rear, causing vehicle 1 to spin ctockwise and travel into the grassy right shoulder and then into the tree line. The video then shows vehicle it 2 spin clockwise and then roll over multiple times and come to a finai rest on it's roof area in the grassy right shouider area of the highway. The video shows an individual who was ejected, stand up and watk towards the deep in the grassy right shouider area. The individual was seen in the video wearing dark pants and a checkered jacket. This individual was later identified as Kevin J. Whalen. Whalen was seen walking towards the Jeep flipped over and then stumble and fall. From this investigator's point of view, knowing where Toscano was located, it appears that Whalen was checking on Toscano. Whaien then is seen stumbling towards the roadway and walking South towards Exit '15. The video also shows at 0100 hours, Modzeiewski exiting the Tractor trailer and walk towards Harris and Toscano. In the background it is observed that a tow truck pulled over at 0101 hours and turned its lights on where Whalen was seen walking. 32. That based on this affiant's investigation including physicai evidence, observations at the scene of the accident, witness statements, statements conducted during the background investigation, C.A.R.S. investigation report, and statements of fellow officers, the cause of the accident was operator error. it was determined that vehicle 1 was traveling in the center lane of interstate 91 Southbound at approximately the same speed as the witness tractor trailer, where the Garmin video system video was obtained. Vehicle ?i was observed in the Garmin video system video drifting partially into the left lane then back into the center {This [a page ?14 did 7?76 page af?davit tsetse - ?gnedl/ is 02/24/2020 10:57 am [115? ?ibis if: karat: seat ewor eh tore roe sedate) CgmmissWuge?dy/geum Notary public} newest-ta (?rosworfai?ffrwaif Bette . hemmed (tasse/ Lid/girieiiteteres) ?7 /75 255/ 55? fit? 7 12mm (at 9? EEG . has. 31591, :33de Lit-Mt ogre Er; 1900018401 CSP TROOP Mame (Last. First Mir/die Initial) Court to be held at (Town) Geographicai Whalen, Kevin, J. Brantoroi MERIDEN Eiterrtteaed latte. Vehicle it 2 was traveling partially in the center lane and left iane on Interstate 91 Southbound at a recorded speed of approximately 5 seconds prior to the impact with vehicte The speed, vehicle indicated for the entire event may be underestimated if the vehicte speedometer systems were not recalibrated for the wheel size change and will be too stow. The operator of vehicle it 2 (Kevin J. Whalen DOB 09/27/92) failed to maintain a sufficient separation distance from the vehicle in front of him; the rear end of vehicle it 1. The operator of vehicle it 2 (Whalen) failed to recognize the hazard in front of him, failed to apply the brakes, and/or take appropriate evasive action at the appropriate time that would have attowed vehicle it 2 to avoid colliding into the rear portion of vehicle 1. The operator (Whaien) of vehicle 2 failed to maintain his established lane, and was not wearing his seatbelt; therefore, he was ejected from the vehicle. The passengers in the vehicte (Toscaho and Harris) were also not wearing their seatbelts; therefore, they were ejected from vehicleit 2. it was further observed that after detailed anaiysis that a snapchat video was taken from Whaien's snapchat account and sent to Toscano?s snapchat account that was time-stamped one minute prior to the impact with vehicle 1, which is deemed a contributing factor in this accident. Both the Snapchat app and the Garmin device utilize (3.98. for time, which confirms that Whalen was using a handheid mobile device prior to impact. The video was taken from the driver?s seat of vehicle 2 while driving and shows 3 91 Southbound at the sptit with RT 15 by Exit 18/17 changing lanes between the right and left lane and then passing a tractor trailer. The audio in the background of the video has an occupant singing while the vehicie is moving. Further anaiysis of other snapchats shows passenger 1 of vehicle 2 (Toscano) leaving the bar iVlezzo?s in Middletown and videoing himself stating that Whalen was going to drive them home while walking to vehicle 2. Other video obtained by the Middletown Parking Authority date and time stamped at 01/12/19 at 0025 hours shows vehicle 2 parked across from the Middletown City Hall. The video shows Whaten opening the driver's side door of vehicle it 2, leave the door open while urinating?on the sidewaitz, and then getting into the driver's seat of vehicle 2. The video shows Harris get into the back seat and sit in the middle of the back seat area and shows Toscano get into the passenger seat of vehicle a 2. Approximately 2 minutes later, the video shows Whaien turning the headtights on in vehicle 2 and then shows Whalen drive vehicle it 2 away towards the highway. 33. That the undersigned Affiant has probable cause to believe, and in fact does believe, that on or about 01/12/19, Kevin J. Whalen (DOB 09/27/92) of 151 Foxbridge Village Rd. Branford, CT. CT committed the following violations of the Connecticut General Statutes while in the Town of Meriden under the jurisdiction of Geographical Area 7 Court: 53a-56bu Manslaughter 2nd Degree with a motor vehicle (This is page 7?5 ofa 16 page Affidavit 33mm digitized {:33 mi, 02/24/20201057 am {i M, 35ng esteem P/gtt safari?: hetere me ee?ate) Erghedviggy?geE/Cie?r Sommias/e/aaof duper/og?wt?, dietary erudite} c; C) ,2 ermwx 3 Bette Reviewed (judge . r/ 1/ :?E/i/ffq 2 M, M. PL. 9k as}? {33642. Stir-{i (3E3 E900018401 ?Wrim'g?t?gm? cse ?moorD i?ierrzo (feet, First, Middle initial) Restdenoe (Tommi succeed Court in he: held at {Tbs/n) (?eogrt?Ephical Whalen, Branford MERFQEN Are norm} mr ., 53a-63?Reckless Endangerment 1st Degree 2nd Degree 14?227a? Operating under the Influence otAlcobol/Drug Eli?240 Following too Closely Operating vehicle with handheld device i4~222?Reckless Driving )?Failure to weaE seat safety belt~front seat Therefore, this Af?ant respectfully requests that an arrest warrant be issued for Kevin J. Whalen for this violation. 34. That this specific arrest warrant application has not been presented before any other court and has only been presented to the Judicial Authority at GA 7 Meriden to:r review. (?i?hi'e page '36 Me ?16 page Af?davit mm 02/24/2020 10:57 am Egg?? #953 Eeret: Ether: we me {3:53am} Efgrzeaidi EWEE $755 $317 . fig ?73 5g} ff: Egg :?v?iw ef? Synergy? Gourt, Notary Fufilie) g: ?ew?et'rvect (fudge :15: ?E?Eifi?efereej - ,5 [?21 (.1 fl MC E2