Crown Brief Assignment - R. v. Pritchard PDF

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Court package of case regarding R. v. Pritchard ...

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Crown Brief Assignment Fanshawe College PFLP-3003: Interview & Investigation Jon Kunder December 5th, 2018

Alejandro Arroyave – #0863806 Emily Klavdianos – #0835958 Richelle Moss – #0780095 Taya Schipprack – #086302 Colton Tribble – #0843865

Regina V. Pritchard

Incident Information

Incident No: 18-38111 Date: October 23rd, 2018

Suspect Information: Name: Bradley Pritchard DOB: August 22nd, 1988 Address: 1167 Farnsborough Crescent London, Ontario, N5V 2L7 Driver’s License: A7628 – 01808 – 80822

Offence(s) Listed: 1. That he committed the offence of Aggravated Assault, contrary to S. 268(1).

Date of Offence: October 23rd, 2018 Investigating Officer: o Detective Jennifer “JJ” Jareau – London Police #123456 o Detective Elle Greenway – London Police #123457

Witness Information: Dr. Kimberly Stoetzer 165 Thurman Circle London, ON N5V 4Z1 DOB: March 15th, 1990 Involvement: Witnessed suspect chasing victim out of house

Jessica Deeb 160 Thurman Circle London, ON N5V 4Z1 DOB: November 18th, 1989 Involvement: Witnessed man with bloody shirt and jacket fleeing the residence of 165 Thurman Circle

Property List: 1. Property Number A12345

Cell Phone (Samsung A5)

2. Property Number B12345

Black Jacket

3. Property Number C12345

Blood sample that was obtained from property B12345

Court Date: January 11th, 2019 Suspect released on an Undertaking (form 12) with conditions

Summary of the Offence On Wednesday the 23rd day of October 2018, 911 dispatchers received a call reporting an injured male in Thurman Circle, located near the Fanshawe College campus, in the city of London, Ontario. An investigation was launched and the findings were as follows: Alejandro ESCOBAR was seriously injured in an assault that had taken place at the residence of Kimberley STOETZER. Immediately preceding the assault there had been an argument between Ms. STOETZER and her boyfriend, Bradley PRITCHARD. After getting involved in the argument, Mr. ESCOBAR was suddenly assaulted by Bradley PRITCHARD, by being shoved repeatedly into the yard. When Alejandro ESCOBAR tried to leave the residence, he was attacked with fists and elbows to the face, and after the altercation was taken to the ground his arm was intentionally torqued to the point of severe damage. As a result of the assault, Mr. ESCOBAR has suffered bruising to the face and a complex fracture to his right humerus bone, and in addition to this there has been damage to the radial nerve, bringing severe impairment to the function of his hand. Following up on statements from the victim and witnesses at the scene, police apprehended Mr. PRITCHARD on a warrant for arrest after police were unable to locate him. Police also executed a search warrant for data on Bradley PRITCHARD’s phone, which revealed a photo that had been taken at the scene and placed Mr. PRITCHARD at the location of the offence. Following an interrogation, Bradley PRITCHARD confessed to the offence and is being charged with Aggravated Assault contrary to S. 268(1) CCC.

Heading of Indictment

FORM 4 (Sections 566, 566.1, 580 and 591) Heading of Indictment Canada, Province of Ontario, London. In the Ontario Court of Justice Her Majesty the Queen against Bradley Pritchard Bradley Pritchard stands charged 1. That he committed the offence of Aggravated Assault, in contrary to S. 268(1). Dated this 28th day of October A.D. 2018, at 9:30AM. _______________________________________________________________ (Signature of signing officer, Agent of Attorney General, etc., as the case may be) Note: The date of birth of the accused may be mentioned on the information or indictment. R.S., 1985, c. C-46, Form 4; R.S., 1985, c. 27 (1st Supp.), s. 184; 1999, c. 3, s. 58.

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Form 1

FORM 1 (Section 487) Information To Obtain a Search Warrant Canada, Province of Ontario, London. This is the information of A.B., of Jennifer Jareau in the said City of London, Detective with London Police, hereinafter called the informant, taken before me. The informant says that a white t-shirt stained with blood, and the information stored within the Samsung A5 phone recovered at the scene, related to the offence of aggravated assault contrary to section 268(1) CCC, and that he believes on reasonable grounds that the said things, or some part of them, are in the dwelling house, and contained within said cellphone, of Bradley Pritchard., of 1167 Farnsborough Cres., in the said City of London upon the reasonable grounds that; a) The accused was identified as wearing a bloody white t-shirt by eyewitnesses before he fled the scene, and; b) That the information contained within the accused’s phone, that was recovered at the scene, will contain evidence related to said offence of aggravated assault Wherefore the informant prays that a search warrant may be granted to search the said dwelling house for the said things. Sworn before me this 28th day of October, A.D.2018, at 9:30 AM. _________________________ A Justice of the Peace in and for Ontario Court of Justice

___________________ (Signature of Informant)

Search Warrant – Information to Obtain

APPENDIX A 1. Cell phone 2. Suspect’s shirt 3. Blood sample on suspects shirt that was obtained from the victim APPENDIX B 1. Bradley Pritchard on the 23rd day of October in the year 2018 in the city of London province of Ontario had committed an aggravated assault contrary to Section 268(1) of the Criminal Code. 2. Bradley Pritchard who committed an aggravated assault by wounds, maims, disfigures or endangers the life of the complainant 3. Bradley Pritchard proceeded to leave the crime scene where he dropped a cell phone near the house where the incident occurred. Reasonable grounds to believe that subject has victim’s blood all over his shirt as it was described by the witnesses. APPENDIX C I, Jennifer Jareau badge number 123456 am a detective with the London Police Service, assigned to the crime investigation unit. My duties include the enforcement of the Criminal Code of Canada. I am one of the lead investigators of an aggravated assault that occurred on the 23rd day of October, 2018 at 165 Thurman Circle in the city of London, province of Ontario. I have 15 years as a law enforcement officer and countless training and experience that I have obtained through years of working in the crime scene investigation unit. The crime investigation unit has knowledge of the facts of the incident regarding this information to obtain. During multiple investigations regarding occurrences such as the following, the crime investigation unit has built a strong rapport with the information that is stated. Our investigation and those we oversaw throughout it and or mentioned in it are described in this information. We believe that all the information provided in this information is true and based on the facts found by this investigation. Sourcing of information a. All the Police Officers mentioned in this affidavit, unless stated otherwise, are members of the London Police Service b. All locations, items, evidence to the offence, unless stated otherwise are in the city of London, in the province of Ontario

Overview The suspect in this matter has committed the offence of aggravated assault contrary to Section 268(1) of the criminal code. Suspect has been uncooperative with providing access to the objects related to the offence. Objects are believed to be an essential part in the recollection of evidence that will help find the suspects culpability in this matter. Background of the investigation 1. During the evening of October 23rd , 2018 me, Detective Jennifer Jareau badge number 123456 and my partner Detective Elle Greenway badge number 123457 were dispatched to 165 Thurman Circle in London, Ontario in regards of an aggravated assault in the east side of the city. Upon arrival: a. The victim had been taken to the hospital with physical injuries, there was visual representation of an aggravated assault as blood was present on scene and significant damage to the victim’s arm. b. Two phone calls were made to 911 regarding this incident. One from a near pedestrian and the other call from one of the tenants of the mentioned address. c. Both calls are from corroborating witnesses d. Phone recovered near the crime scene, however phone is password protected e. All available evidence taken, including witness information 2. On October 26, 2018 our witnesses and victim arrived at the London Police Headquarters where they were interviewed by me, Detective Jennifer Jareau and my partner Detective Elle Greenway a. The victim had given us vital information regarding a possible identification of the subject and also provided us with facts that lead to the assault. b. The witness (Jessica) had given us vital information of what the suspect was wearing on the day of the incident, plus a good description of the suspect. Furthermore, witness observed suspect dropping a cell phone that was seized at the time of our arrival. c. Witness (Kimberly) provided us with information regarding what happened before the incident and possible the cause of it. Kimberly provided us with the name of the subject that is believed to be the perpetrator of the aggravated assault. 3. On the morning of October 27, 2018 we had been in contact with Bradley Pritchard who was the person of interest in our investigation. Subject was contacted via telephone in order to arrange a meeting in regards the incident. 4. On the morning of October 27, 2018 our person of interest arrived at the London police headquarters for an interview that was set up in interrogation room #1 a. Subject was questioned about his alibi from the day of the incident and where he was at the time of the offence.

b. After questioning subject showed verbal and non-verbal indicators of deception in the statement given by subject. However, subject ended up confessing to the crime of aggravated assault. c. Statement made by suspect was voluntarily. 5. The evidence of the offence is believed to be located in a dwelling house rented to the suspect. This evidence is crucial to the investigation and is needed to help investigators at the time of trial. Cell phone is password protected and investigators need access to it as we believe more evidence of the offence can be found in the cell phone. Grounds to Believe the Named Offence Was Committed 1. Both witnesses confirmed the identity of Bradley Pritchard in relation to the offence. 2. The suspect ends up confessing to me, Detective Jennifer Jareau on October 27, 2018 at approximately 3:50 PM to the offence of aggravated assault contrary to Section 268(1) of the criminal code of Canada. Grounds to Believe that the Items are at the Location to Be Searched 1. The suspect has been charged with the offence of aggravated assault, however he had not been cooperative in providing the remained evidence that is related to the time of the offence. 2. Our unit has reasonable grounds to believe that the evidence it is located at 1167 Farnsborough Cres in the city of London, province of Ontario. 3. All the evidence that our unit has leads to the address mentioned above. 4. Cell phone belonging to Bradley Pritchard is password protected, therefore the crime investigation unit needs a warrant in order to unlock the cell phone and obtain more evidence in relation to the crime. Conclusion As a result of the information provided in my affidavit, I believe the reasonable grounds exist to authorize a search warrant for the dwelling located at 1167 Farnsborough Cres in the city of London, province of Ontario. Evidence mentioned in appendix A is believed to be in the subject’s house. The cell phone is in our possession as it was found near the crime scene by one of our witnesses. Access to the phone is required that is why it is also shown in appendix A. It is respectfully that I request this search warrant application and be granted judicial authorization to seize and access evidence in relation to the crime that could be of benefit in the trial.

Form 2

FORM 2 (Sections 506 and 788) Information Canada, Province of Ontario, London. This is the information of C.D., of Jennifer Jareau Detective at London Police, hereinafter called the informant. Sworn before me this 28th day of

__________________ (Signature of Informant)

October, A.D. 2018, at 9:30AM . The informant says that on reasonable grounds he believes that Mr. Bradley Pritchard has committed the offence of: Aggravated Assault in contrary to S. 268(1).

__________________________ A Justice of the Peace in and for Ontario Court of Justice

Note: The date of birth of the accused may be mentioned on the information or indictment. R.S., 1985, c. C-46, Form 2; R.S., 1985, c. 27 (1st Supp.), s. 184.

Form 5

FORM 5 (Section 487)

Warrant To Search Canada, Province of Ontario, London. To the peace officers in the said London or to the Jennifer Jareau and Elle Greenway: Whereas it appears on the oath of A.B., of Jennifer Jareau and Elle Greenway that there are reasonable grounds for believing that the defendant Bradley Pritchard is harboring evidence essential to this case and are in a dwelling-house located at 1167 Farnsborough Crescent at London, hereinafter called the premises; This is, therefore, to authorize and require you between the hours of 07:00 to 19:00 to enter into the said premises and to search for the said things and to bring them before me or some other justice. Dated this 28th day of October A.D. 2018, at 9:30AM . _________________________ A Justice of the Peace in and for Ontario Court of Justice. R.S., 1985, c. C-46, Form 5; 1999, c. 5, s. 45.

Form 5.01

FORM 5.01 (Subsection 487.05(1)) Information To Obtain a Warrant To Take Bodily Substances for Forensic DNA Analysis Canada,

Province of Ontario London. This is the information of Jennifer Jareau, Detective, of London Police Service in the said London, hereinafter called the informant, taken before me. The informant says that he or she has reasonable grounds to believe 

(a) that aggravated assault, a designated offence within the meaning of section 487.04 of the Criminal Code, has been committed;



(b) that a bodily substance has been found o

(i) at the place where the offence was committed,

o

(ii) on or within the body of the victim of the offence,

o

(iii) on anything worn or carried by the victim at the time when the offence was committed, or

o

(iv) on or within the body of any person or thing or at any place associated with the commission of the offence;



(c) that Bradley Pritchard was a party to the offence; and



(d) that forensic DNA analysis of a bodily substance from Bradley Pritchard will provide evidence about whether the bodily substance referred to in paragraph (b) was from that person.

The reasonable grounds are: The suspect Bradley Pritchard, herein after referred to as the accused, was described and identified from a photo line up from two eye witnesses, one being the victim of said offence. The accused was also placed at the scene of the offence by the occupant of the home at the scene of the offence. Also recovered at the scene was a phone and jacket that had been identified as the accused’s and matched the description given to police. Blood spatter was located on the seized jacket and also in the backyard at the scene of the offence, where the accused was placed at the time of the assault. The informant therefore requests that a warrant be issued authorizing the taking from Bradley Pritchard of the number of samples of bodily substances that are reasonably required for forensic DNA analysis, provided that the person taking the samples is able by virtue of training or experience to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and provided that, if the person taking the samples is not a peace officer, he or she take the samples under the direction of a peace officer. Sworn to before me this 28th day of October, A.D. 2018, at 10:00AM . __________________ (Signature of informant)

_____________________________ (Signature of provincial court judge

1998, c. 37, s. 2.

Form 5.3

FORM 5.3 (Section 462.32) Report to a Judge of Property Seized Canada, Province of Ontario, London. To a judge of the court from which the warrant was issued Ontario Court of Justice: I, Jennifer Jareau have acted under a warrant issued under section 462.32 of the Criminal Code and have 

1 searched the premises situated at 1167 Farnsborough Crescent; and



2 seized the following property: Property Seized

Location

(describe each item of property seized)

(state, in respect of each item of property seized, the location where it is being detained).

1. White T-shirt

London Police HQ 601 Dundas St. E.

2. Samsung A5 cellphone

London Police HQ 601 Dundas St. E.

3. Blood obtained from white tshirt

London Police HQ 601 Dundas St. E

Dated this 28th day of November A.D. 2018, at 12:53PM. _________________________________ Signature of peace officer or other person R.S., 1985, c. 42 (4th Supp.), s. 6.

Form 12

FORM 12 (Sections 493 and 679) Undertaking Given to a Justice or a Judge Canada, Province of , Ontario I, Bradley Pritchard, of Fanshawe College, understand that I have been charged with the offence of aggravated assault contrary to S. 268(1) CCC In order that I may be released from custody, I undertake to attend court on Friday, the 11th day of January 2018 A.D. , and to attend after that as required by the court in order to be dealt with according to law I also undertake to 

(a) report at 1700hrs every Friday to Detective Jareau;



(b) remain within the province of Ontario;



(c) notify Detective Jareau of any change in my address, employment or occupation;



(d) abstain from communicating, directly or indirectly, with Alejandro Escobar or Kimberly Stoetzer

I understand that failure without lawful excuse to attend court in accordance with this undertaking is an offence under subsection 145(2) of the Criminal Code. Subsections 145(2) and (3) of the Criminal Code state as follows: “(2) Every one who, (a) being at large on his undertaking or recognizance given to or entered into before a justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court in accordance with the undertaking or recognizance, or (b) having appeared before a court, justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court as thereafter required by the court, justice or judge, or to surrender himself in accordance with an order of the court, justice or judge, as the case may be, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction. (3) Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition of that undertaking or recognizance, and every person who is bound to comply with a direction under subsection 515(12) or 522(2.1) or an order under subsection 516(2), and who fails, without lawful excuse, the proof of which lies on them, to comply with the condition, direction or order is guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction.” Dated this 28th day of October 2018 A.D. , at 2:35PM

___________________ (Signature of accused)<...