1 FILED 2020 JUL 08 03:20 PM KING COUNTY SUPERIOR COURT CLERK E-FILED CASE #: 20-1-04537-0 SEA 2 3 4 5 6 7 8 9 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY THE STATE OF WASHINGTON, Plaintiff, v. DAWIT KELETE, Defendant. 10 11 12 13 16 17 18 21 22 INFORMATION Count 1 Vehicular Homicide That the defendant DAWIT KELETE in King County, Washington, on or about July 4, 2020, did drive a motor vehicle which proximately caused injury to Summer Taylor, a person who died within three years on or about July 4, 2020, as a proximate result of said injury; and that the defendant at said time was operating the vehicle in a reckless manner; Contrary to RCW 46.61.520(1)(b), and against the peace and dignity of the State of Washington. Count 2 Vehicular Assault 19 20 No. 20-1-04537-0 SEA I, Daniel T. Satterberg, Prosecuting Attorney for King County in the name and by the authority of the State of Washington, do accuse DAWIT KELETE of the following crimes: Vehicular Homicide, Vehicular Assault, Reckless Driving, committed as follows: 14 15 ) ) ) ) ) ) ) ) ) That the defendant DAWIT KELETE in King County, Washington, on or about July 4, 2020, did drive or operate a vehicle in a reckless manner and caused substantial bodily harm to Diaz Love; Contrary to RCW 46.61.522(1)(a), and against the peace and dignity of the State of Washington. 23 24 Daniel T. Satterberg, Prosecuting Attorney INFORMATION - 1 CRIMINAL DIVISION W554 King County Courthouse 516 Third Avenue Seattle, WA 98104-2385 (206) 296-9000 FAX (206) 296-0955 1 2 And further do charge that the injuries of the victim of the current offense substantially exceeded the level of bodily harm necessary to satisfy the elements of the crime, under the authority of RCW 9.94A.535(3)(y) 3 4 5 6 7 Count 3 Reckless Driving That the defendant DAWIT KELETE in King County, Washington, on or about July 4, 2020, did drive a motor vehicle with willful or wanton disregard for the safety of persons and property; Contrary to RCW 46.61.500, and against the peace and dignity of the State of Washington. DANIEL T. SATTERBERG Prosecuting Attorney 8 9 10 By: 11 Amy J. Freedheim, WSBA #19897 Senior Deputy Prosecuting Attorney 12 13 14 15 16 17 18 19 20 21 22 23 24 Daniel T. Satterberg, Prosecuting Attorney INFORMATION - 2 CRIMINAL DIVISION W554 King County Courthouse 516 Third Avenue Seattle, WA 98104-2385 (206) 296-9000 FAX (206) 296-0955 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 CAUSE NO. 20-1-04537-0 SEA PROSECUTING ATTORNEY CASE SUMMARY AND REQUEST FOR BAIL AND/OR CONDITIONS OF RELEASE The State incorporates by reference the Certification for Determination of Probable Cause prepared by Detective Todd W Early of the Washington State Patrol for case number 20-010671. In the early morning hours after midnight on Saturday July 4, 2020, 24yO Summer Taylor and 32yO Diaz Love were both participating in a demonstration in which they and several others had blocked the SB lanes of I-5. The protest was part of the Black Femme March and for the past several nights, protesters have marched from the Capitol Hill area of Seattle down to the West Precinct of the Seattle Police Department and then returned eastbound and blocked the highway, before generally returning to Capitol Hill. The demonstrators were part of the Black Lives Matter protest movement. This group is demonstrating, among other reasons, against systemic racism. Washington State Patrol (WSP) has closed I-5 between SR 520 and I-90 during the hours that the demonstrators have been on the highway. This is accomplished by placing marked patrol cars at the entrance ramps and preventing vehicles from entering the highway. The evening of July 3 into the early morning hours of July 4, 2020 was no different. The entrance ramps to SB and NB I-5 were blocked between SR 520 and I-90. Exit ramps in that stretch were not blocked by patrol but are replete with warnings to alert any driver that they would be going the Wrong Way and to Not Enter were it to be used to enter the highway. The highway had been closed for several hours by the time this event occurred. The Stewart Street exit ramp from the mainline of I-5 connects the SB mainline down a ramp, past the lower level of I-5 (containing the Express lanes), running parallel to Eastlake Ave Prosecuting Attorney Case Daniel T. Satterberg, Prosecuting Attorney CRIMINAL DIVISION Summary and Request for Bail W554 King County Courthouse and/or Conditions of Release - 1 516 Third Avenue Seattle, WA 98104-2385 (206) 296-9000 FAX (206) 296-0955 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 E (which is along the east side of REI) as it continues to slope down until it merges onto Eastlake Ave E just before the intersection with Stewart St. Stewart St is a one-way street that travels SW into downtown Seattle (away from I-5). The closest entrance ramp for SB I-5 in that area is the Yale Street entrance ramp. The Yale Street entrance ramp is at the intersection of Yale St and Howell Street. Howell St is a one-way street from downtown Seattle (towards I-5) that is a block away and parallel to Stewart St. Howell St continues past Yale St and curves north (left) to become Eastlake Ave which several yards later arrives at the intersection with Stewart St (and the exit ramp). It was a clear night and the roadways were dry. The temperature was approximately 55°F. The weather was fair. There is ample ambient lighting in the areas involved in this incident. I-5 at the area of the collision is composed of five SB lanes of travel separated by white painted skip lines (except the far-left lane which is the HOV lane and separated by a solid white painted line). The shoulders are separated by solid painted lines. The posted speed limit is 60mph and the roadway is in good repair. Just before 1:36AM, the defendant, 27yO Dawit Kelete, was driving his white Jaguar XJL. He was captured on REI security video driving the wrong-way up the Stewart Street I-5 exit ramp. There are numerous red signs warning that the driver is going the Wrong Way and Do Not Enter. Since this is an exit ramp from the SB lanes, a driver must make a deliberate and sharp right U-turn in order to drive SB on I-5. The demonstrators, including the two who would be struck, had returned from downtown and had predominately used the Yale Street entrance ramp to enter I-5. Three vehicles had been placed by the demonstrators perpendicular across the SB lanes of I-5 just north of the gore point Prosecuting Attorney Case Summary and Request for Bail and/or Conditions of Release - 2 Daniel T. Satterberg, Prosecuting Attorney CRIMINAL DIVISION W554 King County Courthouse 516 Third Avenue Seattle, WA 98104-2385 (206) 296-9000 FAX (206) 296-0955 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 marking the entrance ramp as it merges onto I-5. Most of the group was directly south of these vehicles in the travel lanes. On this night the group had performed a group dance and by 1:36AM, they were standing and sitting deciding their next move. Onlookers lined the overpasses watching the group. Several people were live-streaming or videoing the events both from the overpasses and in the group on the highway. The investigation includes many of these videos. The defendant was first noticed by the demonstrators as he drove at freeway speeds in lane one toward the barricade of three vehicles. He was approximately half-way between the Stewart St exit and the Yale St entrance. I-5 makes a slight right curve in this stretch and the Stewart St exit is not visible from this area. As the demonstrators yelled “car” and began running off the SB lanes westbound, the defendant drove onto the right shoulder. He did not slow but continued driving at freeway speeds on the shoulder. He passed the barricade of cars. The shoulder ends in the gore point (the paint identified triangular area between the merging entrance lane and the main travel lanes). Before him were running pedestrians with most of the persons to his right in the merge lane. The defendant veered sharply left and directly into Summer Taylor and Diaz Love, who were not able to run off the road. Mx. Taylor and Mx. Love were struck in the center of the of the car and were thrown up and over the car. Mx. Taylor suffered catastrophic injuries. With their family by their side, Mx. Taylor died at 6:32PM. 22 23 24 Prosecuting Attorney Case Summary and Request for Bail and/or Conditions of Release - 3 Daniel T. Satterberg, Prosecuting Attorney CRIMINAL DIVISION W554 King County Courthouse 516 Third Avenue Seattle, WA 98104-2385 (206) 296-9000 FAX (206) 296-0955 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Mx. Love suffered multiple fractures of her legs and arm and internal injuries. She was in the Intensive Care Unit for several days and remains hospitalized at least 4-days after the crash. The defendant stopped several hundred yards from the scene. He was approached by witnesses who yelled at him to exit the vehicle. After the witness began hitting and pushing his vehicle, the defendant drove away at a high speed. He was immediately followed by a vehicle driven by a man who later advised he was informally providing security to the demonstrators. He was able to maneuver in front of the defendant’s car and get the defendant to stop after two attempts, was finally able to block the defendant’s ability to drive further. Police arrived minutes later, and the defendant was still in the vehicle. He exited the vehicle, the sole occupant, at the police instruction and was taken into custody. The defendant later asked, “are they ok?” presumably referring to the victims he had struck. A responding Drug Recognition Expert (DRE) officer arrived to contact the defendant. The DRE performed roadside Field Sobriety Tests. The defendant provided a portable breath test showing no alcohol consumption. He denied taking any medication. He told the DRE that he had worked until 10:00PM and indicated that he remained after work since it was a family business. The DRE did no other drug detection testing and opined that the defendant was not impaired. However, the defendant told Jail personnel that he would be withdrawing from Percocet and that he struggles with an untreated addiction. A search warrant authorizing the collection and testing of the defendant’s blood was approved several hours after the crash and those results are pending. 23 24 Prosecuting Attorney Case Summary and Request for Bail and/or Conditions of Release - 4 Daniel T. Satterberg, Prosecuting Attorney CRIMINAL DIVISION W554 King County Courthouse 516 Third Avenue Seattle, WA 98104-2385 (206) 296-9000 FAX (206) 296-0955 1 2 3 4 5 A search warrant was approved to enter the defendant’s car. Several implements commonly used to smoke illegal substances and a substance that appears similar to crystal methamphetamine were recovered from the car. The substance is pending testing at the Crime Laboratory. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 The State requests bail set in the amount of $1,200,000.00 (this is the amount Ordered by the 1st Appearance Court). Additional conditions requested include no possession or consumption of any drug, no driving without a valid license and insurance, no moving violations. The defendant has criminal history that includes a minor intoxicated in a public place (3/3/2012) and a peace and order violation (8/29/2015). Both of these occurred in Pullman, WA when he was 19yO and 22yO respectfully. He has at least one FTA (6-18-2019 citation) since 2016. He has been involved in two collisions that noted no injuries and both were two car collisions (8-9-17, 12-27-13). According to Court Services the defendant lives with his parents. He told Court Services that he works as a cashier at an Arco and that he was a full-time student. A man identified as the defendant’s brother verified the defendant’s address and employment to Court Services. The defendant denied having any known mental health issues or being concerned about mental health issues. He stated that he was struggling with an addiction to Percocet and had never received treatment. He had no mental health concerns. 22 23 24 Signed and dated by me this 8th day of July, 2020. Prosecuting Attorney Case Summary and Request for Bail and/or Conditions of Release - 5 Daniel T. Satterberg, Prosecuting Attorney CRIMINAL DIVISION W554 King County Courthouse 516 Third Avenue Seattle, WA 98104-2385 (206) 296-9000 FAX (206) 296-0955 1 2 3 4 Amy J. Freedheim, WSBA #19897 Senior Deputy Prosecuting Attorney 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Prosecuting Attorney Case Summary and Request for Bail and/or Conditions of Release - 6 Daniel T. Satterberg, Prosecuting Attorney CRIMINAL DIVISION W554 King County Courthouse 516 Third Avenue Seattle, WA 98104-2385 (206) 296-9000 FAX (206) 296-0955 1 Page 1 of 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Cause Number: CERTIFICATION FOR DETERMINATION OF PROBABLE CAUSE 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 That I, Detective Todd W. Early, with the Washington State Patrol, have reviewed the investigation conducted in the Washington State Patrol case number 20-010671; There is probable cause to believe that Kelete, Dawit DOB: 12-27-1992 committed the crime(s) of: Vehicular Homicide - R.C.W. 46.61.520, Vehicular Assault- R.C.W. 46.61.522 This belief is predicated on the following facts and circumstances: On Saturday, July 4, 2020, atl :36 a.m., Washington State Patrol (WSP) Communications received reports of a collision involving a white sedan and two pedestrians. The collision occurred southbound (SB) on Interstate 5 (I-5) near Olive Way. I-5 was closed between State Route 520 and Interstate 90 (I-90) because a group of protesters had entered the freeway. WSP had been closing this section ofl-5 for the past several nights while the demonstrations occurred on I-5 by utilizing patrol vehicles and Department of Transportation vehicles to block entrance ramps to I-5. Detectives' recovered video from REI located at 222 Yale Ave Nin Seattle which showed a white vehicle entering the Stewart off ramp in the wrong direction at 1 :34 a.m. Detective Early recognized the vehicle as what he thought was the suspect vehicle based on the time of the event, shape, color, and dark tinted windows of the vehicle. The exit ramp from I-5 to Stewart Street was not blocked however it is marked with clear signage of Wrong Way and Do Not Enter at the base of the off ramp. There is a second set of Wrong Way signs farther up the ramp. Additionally there are red reflectors facing to the south and painted arrows indicating the direction of travel. All of which would have been visible to the driver. The vehicle then proceeded onto southbound I-5, as seen on provided witness video, travelling toward the protesters. The public video showed the white vehicle approached the Yale on-ramp initially in lane one with its emergency flashers activated. There is a white van parked on I-5 perpendicular to the lanes of travel, oriented to the east. The van is blocking lanes one and two. The van was 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 one of three protestar vehicles utilized to block the lanes of travel north of where the demonstrators were congregated. The white vehicle drove on the right shoulder to pass the white van while at the same time a large group of protestors were running from the lanes of travel towards the Y ale ramp to get out of the way of the oncoming vehicle. The white vehicle veered to the left while applying its brakes, indicated by the illumination of brake lights, and re-entered the lanes of travel oriented southwest. Summer Taylor, DOB: 07/26/1995 and Diaz Love, DOB: 1 O 1/18/1988 were standing in the roadway south of the blocking vehicles. At approximately :36 a.m. the white Jaguar XJL, bearing Washington registration: BPA6961, struck Taylor and Love, sending them airborne, coming to rest on the roadway. Both Taylor and Love were transported from the scene to Harborview Medical Center with fractures and internal injuries they sustained from the impact by the Jaguar and landing at rest. Kelete initially stopped a few hundred yards south of the scene. His vehicle was approached by protestors who could be heard on video telling him to exit his vehicle. After protestors started hitting his vehicle, he drove southbound at a high rate of speed. One of the protesters driving a gray Toyota Tundra followed the fleeing Jaguar and attempted to block it. Seattle Police Department officers and Washington State Patrol troopers were able to locate and stop the fleeing Jaguar. The driver, Mr. Dawit Kelete (DOB: 12/27/1992), was taken into custody SB on I-5 (JS) of the I-90 interchange. He was the registered owner of the Jaguar and the sole occupant in the vehicle. The Jaguar had visible contact damage to its front end. The hood was dented, and the windshield shattered. It was evident the damage was fresh. The driver was provided with his constitutional rights and he stated he understood them. The driver was asked ifhe would perform voluntary field sobriety tests (SFSTs) and he agreed. These tests were performed by a drug recognition expert (DRE). The trooper conducting the test made the initial assessment that Kelete was not displaying signs of intoxication. Additionally, he provided a preliminary breath test (PBT) which indicated a field BAC of 0.00. The driver was reserved and appeared sullen throughout his time in custody. At one point he asked if the injured pedestrians were okay. Kelete was contacted by detectives for an interview and invoked his rights. During the preliminary screening process for booking into the King County Jail, Kelete was asked the screening admission screening questions. These questions were asked in an open area and in the presence of Trooper Alejandro Sanchez. Trooper Sanchez heard Kelete tell jail staff he would be going through withdrawal for Percocet. Trooper Sanchez later relayed this information to Detective Early. On July 4, 2020, at 8:32 a.m. King County Superior Court (KCSC) Judge Matthew Williams authorized a telephonic warrant for Detective Todd Early to enter the vehicle and secure a cellular device in Faraday paper. On July 4, 2020, at 8:40 a.m., Detective Early, your Affiant, while accompanied by Detective Vik Mauro, entered the white Jaguar bearing Washington registration BP A6961 per court authorization to retrieve a cellular phone and place it in Faraday paper. This was accomplished by opening the driver's door and reaching into the vehicle across the driver's seat. It turned out what appeared to be the phone was actually a phone case and another electronic device, no phone was located. As Detective Early was preparing to close the vehicle, he noticed a small piece of plastic or glass on the driver' floor area. It appeared to be in 1 2 3 4 5 6 7 8 9 10 11 12 the shape of straw. Detective Early knows devices such as this are called "tubers" and are common smoking devices for illicit drugs. Detective Early did not manipulate or remove the item as it was outside the scope of the current authorization. Detective Early sealed the vehicle and departed the area. On July 4, 2020, at 4:46 p.m., (KCSC) Judge Williams authorized a search warrant for a legal blood draw of Kelete. The blood draw was executed pursuant to the warrant. Those results are pending. On July 4, 2020, at 6:32 p.m., Summer Taylor succumbed to their injuries from the collision and died in the presence of their family. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 On July 7, 2020, Detective Early applied for a search warrant to search Kelete's vehicle. The warrant was authorized by (KCSC) Judge Williams at 3: 13 p.m. Detective Early, accompanied by Detective Mauro began the search of the vehicle at 3:26 p.m. In the driver's compartment area Detective Early photographed and removed a plastic smoking device (tuber) from the driver area floorboard. Detective Early also photographed and removed from the driver floorboard, O. 7 grams of a white crystalline substance believed to be methamphetamine and a small piece of foil. In the pocket of the driver's door Detective Early removed a small metal tin which contained three additional smoking devices (tubers). On the passenger's side floorboard Detective Early photographed and removed a wallet containing the identification of Kelete and several credit cards with his name on them. Under penalty of perjury under the laws of the State of Washington, I certify that the foregoing is true and correct. Signed and dated by me this 8 day of July 2020, in King County, Washington. ?Washington State Patrol, CID AGENCY: CASE NUMBER WAWSP0000 FILE NUMBER PCN NUMBER 20-0't067',l Washington State Patrol DATE & TIME OF VOUTION )oB NAME (LAST, FIRST, MIDDLEJR, SR, 1st,2nd) IDENTITY IN DOUBT? CR[,,lED/DANGEROUS l-l "." lil *o \LIAS, NICKNAIIIES 12t27t1992 Kelete, Dawit I"=" lfl CITIZENSHIP *o t\l /A PHYSICAL DETAILS SEX IHEIGHT IMIGHT nirlsozlrro I mcE B SKIN TONE HAIR EYE BRO SCARS, I\.1ARKS. TATTOOS, DEFORMTTIES IBLK DENTIFICATION DETAILS ccN FBI lilo" srATLrD# # "oo lsrATE lssN I EMPLOYMENT/ SCHOOL RES!DENCE EMPLOYER. SCHOOL (AODRESS, SHOP/UNION NUMBER LAST KNOU/N ADDRESS 1711 S Pearl ST Seattle. WA 98108 : BUSTNESS RESIDENCE PHONE ,nA(41 IDRIVERSLTCENSE# l PdONF I occuPATloN 272e EMERGENCY CONTACT PERSON TO BE CONTACTEO IN CASE OF EMERGENCY PHONE I RELATIONSHIP l{o*r,6,. pi RELEASED TO: (SERIAL # / UNIT / DATE/ TIME) LIST VALUABLE ITEMS OR PROPERTY LEFT FOR ARRESTEE AT JAIL LIST VALUABLE ITEIMS OR PROPERfr ENTERED INTO EVIDENCE (SIMPLE DESCRIPTION, IOENIIFYING MARKS, SERIAL #) LIST ITEMS ENTERED INTO SAFEKEEPING SIGNATURE OF JAIL STAFF RECEIVING ITEMS / SERIAL # ARRESTING OFFICER / SERIAL # CONIACT PERSONFOR MDlTIONAL INFORMATION (NAMASERIAL'/PHONE) :li'^t8liF"-*t flt* "usroov I nr r-nnoe I out SWING.LOCAL ONLY wAcrc-srArE wDE oru eoro L- COURT CAUSE (STAMP OR WRITE) NCIC.WLL EXTMDITE FRoM ro & oR oNLY 1l NCIC.WLL EXTMDITE FROM OR, ID, MT, WY, CI, C L ccN E R N c NCIC E STATEMENT OF PROBABLE CAUSE: NON-VUCSA Rev 07/085 Generated on 7fr2020 9:20:50 AM [_I NCIC WLL UTMDITE FRoM FRoM ALL 50 Ll