v~ 'ARREST WARRANT

JD-CR-64b Rev. 4-08 C.G.S. § 54-2a P r. Bk. Sec. 36-1,. 36·2, 36-3

APPLICATION

STATE OF CONNECTICUT SUPERIOR COURT www.jud.cf.gov

AGENCY NAME

...•.

FOR COURT USE ONLY

SUPPORTINGAFFIDAVITS SEALED

DYES
AGENCY NO.

NO

West Haven Police Deparment

NAME AND RESIDENCE (Town) OF ACCUSED

2011015575
G.A. NO.

CO U RT TO BE HELD AT (Town)

Marquis Pettway (08/10/1979)

LKA 27 Stevens Street 1st floor, New Haven APPLICATION FOR ARREST WARRANT

Milford

22

TO: A Judge of the Superior Court The undersigned set forth in the:
DATE AND SIGNATURE

hereby applies for a warrant for the arrest of the above-named accused on the basis of the facts

AFFIDAVIT BELOW.'

AFYIDAVIT(S) ATTACHED.

AFFIDAVIT The undersigned affiant, being duly sworn, deposes and says:

1) That the undersigned is a member of the West Haven Police Department and has been a member of said Department since January 1998. That at all pertinent times mentioned herein, the Affiant was acting as an official rueiuber uf the West Haven Police Department The following facts and Circumstances are stated from personal knowledge, observations and investigation as well as from information received from brother Officers acting in . their official capacity. The undersigned is currently assigned to the Investigative Services Unit ofthe West Haven Police Department. The Affiant does hereby submit the following for your consideration and approval. 2. That on Monday May 9, 2011, at approximately 8:22 A.M, dispatch logged time, members ofthe Uniform ServicesDivision were dispatched to 983 Boston Post Road, West Haven, the Post Road Deli on a report that a masked male, armed with a shotgun had entered the store. A second call (08:22: 13) was subsequently received by dispatch from an employee of Monroe Staffing Services, which is located in the same plaza, reporting a robbery in progress at the post Road Deli. Responding Officers and members of the Investigative Services Unit arrived on scene and set up a perimeter around 983 Boston Post Road. 3. That responding Officers then entered the deli to secure the scene and to identify further suspects/witness and to render necessary aid to those individuals in need if necessary. As the business was being cleared, Officer Joseph Romano discovered a white male lying motionless on his side, behind the front counter. The male was later identified as being Mohamed Bilal Altinawi (dob. 06/01/1988) and had sustained what appeared to be a fatal gunshot wound to the neck/face. No suspect(s) were located inside the deli. Mohamed Bilal Altinawi was tentatively identified by family members who had arrived on scene, describing his appearance and confirming that he was scheduled to work that particular shift.
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of a

pC/go Ilffidavit.) SIGNED (Affiant)

DATE

II

The foregoing Application for an arrest warrant, and affidavit(s) attached to said Application, having been submitted to and . considered by the undersigned, the undersigned finds from said affidavit(s) that there is probable cause to believe that an offense has been com itted a that the accused committed it an herefore, tha able cause exists for
DATE AND SIGNATURE

,I

----------

"ARREST WARRANT APPLICATION

JD-CR-64b Rev. 4-08 C.G.S. § 54-2a

STATE OF CONNECTICUT SUPERIOR COURT

PLBk. Sec. 36-1, 36-2, 36-3

www.jud_ct.gov
COURT TO BE HELD AT (Town) G.A, NO,

NAME AND RESIDENCE

(Town) OF ACCUSED

Marquis Pettway (08/10/1979)

LKA 27 Stevens Street 1st floor, New Haven AFFIDAVIT - CONTINUED

Milford

22

4. That Altinawi was pronounced deceased at 8:35 A.M. by Firefighter Greg Liggins, who is a paramedic with the Allingtown Fire Department Rescue.

5_ That on Max 09, 2011, at ap~roximately' 11:14 a.m., Detectives' Tammy Murray and William Oakley, of the West Haven Police Department s Forensic Services Division executed a search and seizure warrant for the premises of the Post Road Deli, 983 Boston Post Road. The warrant was reviewed and granted approval at Milford Superior Court on May 09, 2011 at 10:50 a.m, .
6. That the Post Road Deli is equipped with a digital video surveillance system. During execution of the search and seizure warrant, Detective Murray, among other tasks, began reviewing the Post Road Deli video surveillance footage and was assisted with system access by Sobhi Toma and Omar Rajeh, both family members who are familiar with the operation of the video surveillance system. 7. That upon reviewing the surveillance footage, for which the date and time is correct, it was ascertained that the homicide was a direct result of a robbery involving what appeared to be two (2) individuals. The actual shooter was clad in a red hooded sweatshirt with a black vest over same, blue jeans, black gloves, red and black sneakers with red laces and had his face partially covered with what appeared to be a white article of clothing. Said male was in possession of what appeared to be a pump action style shotgun having a brown stock, dark barrel and brown pump and a grey and black back pack. The male suspect was the only perpetrator inside the store at the time of the robbery and shooting. 8. That a second male was identified through the review of the surveillance footage as being an apparent "lookout" for the shooter. The medium-build, light skinned black male is described as having mid-neck length corn row braids and a goatee. He was clad in a grey hooded, front zip sweatshirt having a design on the front and back, blue jeans, a black straight brim baseball cap, and sneakers appearing to be multi-colored. Said male was in possession of a flip style cellular telephone. Both suspects were observed leaving the area separately on foot. 9. That on Tuesday, M_ay10, 2011hat approximately 9:00 a.rn., Detective Sergeant Ralph Angelo and Detective Sean Faughnan ofthe West Haven Police Department's Investigative Services Division and Detective Tammy Murray responded to the Officer of the Chief-Medical Examiner, hereinafter referred to as OCM~ located at 11 Shuttle Road, Farmington;... Connecticut, and attended the autopsy of Mohamad Bilal Altinawi (DuB 06/0111988), which was performed by vr. Frank Evangelista, Associate Medical Examiner. Dr. Evangelista removed wadding and pellets tram the body of Altinawi, Upon completion of the autopsy, Altinawi's manner of death was certified as homicide and the cause of his death was certified as shotgun wound to the head/neck. 10. That on Tuesday, May 10, 2011, a photo of the "lookout" was released to the media for assistance with identifying the individual.

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page Affidavit.)
SIGNED

b2e(, ".-

(Affiant)

'>.A:RREST WARRANT
JD-CR-64b Rev. 4-08 C.G.S. § S4-2a Pro Bk.

APPLICATION

Sec.

36-1. 36-2. 36-3

STATE OF CONNECTICUT SUPERIOR COURT www.jud.ci.qov

COURT TO BE HELD AT (Town)

NAME AND RESIDENCE

(Town) OF ACCUSED

G.A. NO.

Marquis Pettway (08f10/1979)

LKA 27 Stevens Street 1st floor, New Haven AFFIDAVIT - CONTINUED

Milford

22

11. That on Wednesday, May 11, 2011, Detective Vinci was contacted by a male who only identified himself as "Joseph", refusing to provide his last name. "Joseph" advised Detective Vinci that the male depicted in the media who police were looking to identify was "Bobby" Kinnebrew. "Joseph" stated that Kinnebrew was currently inside 116-0 Main Street, apartment 46, West Haven. "Joseph" stated that Kinnebrew, from a previous debt, had owed him money. "Joseph" reported that on Monday, May 09,2011, Kinnebrew paid him cash in the amount of twenty dollars ($20.00), along with a roll of postage stamps and two (2) packs of Newport cigarettes as a means to settle this debt. Joseph added that Kinnebrew told him that he acquired the previously described items from a robbery at a deli. It should be noted that in addition to cash, postage stamps and Newport cigarettes were taken in the Post Road Deli robbery. 12. That a COLLECTtNCIC inquiry revealed that Bobby Kinnebrew Department for Threatening Second Degree with a $10,000.00 bond. verified they were holding the active arrest warrant. Troop I Bethany wanted on an Escape Warrant and that Troop I was currently holding 10/0611967 was wanted by Ansonia Police Ansonia Police Department was called and also verified that Bobby Kinnebrew was the warrant.

13. That on Wednesday, May 11, 2011, Bobby Kinnebrew was located and taken into custody without incident at 116G Main Street, apartment 46. A search and seizure warrant was obtained and subsequently executed for said premises, 14. That also present at 116G Main Street, apartment 46 was Cynthia Credle, who is the rental tenant of the apartment and Kinnebrew's girlfriend. Credle was interviewed by Officer Fazzino and the Affiant and she stated, in substance, that she received a call around 7:00 a.m. on Monday morning (05/09/2011) from a male with the street name of "Hatboy" and whose first name she believes is Phil. Credle stated the call was received on her cell phone, which is used regularly by Kinnebrew. Credle stated "Hatboy" told her that he needed to talk to Kinnebrew. After Kinnebrew spoke with "Ilatboy", Kinnebrew got up and got dressed. Kinnebrew was then picked up by a male who she believed was "Hatboy". Credle stated the male came into her apartment, however, she was in the other room and never saw the male. Credle stated Kinnebrew then took her cell phone and left the apartment with the male. That Credle's cell phone is a black and grey Motorola i570 Nextel flip phone and its assigned number is (203) 868-8307. 15. That on Thursday, May 12,2011, an Ex-Parte order for the subscriber information and all incoming/outgoing calls for the date of May 09, 2011 from cellular telephone number (203) 868-8307 was reviewed and granted approval at Milford Superior Court. That the Ex-Parte ordered was served on Boost Mobile (SprintiNextel) and receipt of the requested records revealed that Cynthia Credle is the subscriber to that cellular telephone number and further, there were a total of twenty-two (22) calls between (203) 868-8307 and cellular telephone number (203) 550-3241. More specifically, there are eight (8) calls between the above mentioned cellular telephone numbers in between the time period of7:43 AM and 8:18 AM.
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SIGNED

~~(Affiant)

<-Z c

(ARREST WARRANT APPLICATION

JD~CR~64b Rev.A-OB C.G.S. § 54-2a Pr. Bk. Sec. 36-1. 36-2. 36-3

STATE OF CONNECTICUT SUPERIOR COURT

www_jud.ct.gov
COURT TO BE HELD AT (Town) GA NO.

NAME AND RESIDENCE

(Town) OF ACCUSED

Marquis Pettway (08/10/1979)

LKA 27 Stevens Street 1st floor, New Haven AFFIDAVIT - CONTINUED

Milford

22

The lookout appears inside the store on surveillance footage at 7:43 AM and the shooter enters the store at 8:19 AM. 16_ That on Saturday, May 14,2011, the Affiant received further information from "Joseph", in which he stated that he received third party information that Phillip Harris was involved in the robbery/homicide. Information was then corroborated thaflinked a Phillip Harris to a Chapel Street address in New Haven that had been previously mentioned and identified by Credle. 17. That Phillip Harris' date of birth is 02/07/1981. A COLLECTINCIC inquiry revealed that Harris is currently on special supervised parole and provided the contact information for his parole officer, that being Robert Johnson.

18. That Parole Officer Johnson was contacted and on Monday, May 16,2011, Parole Officer Johnson responded
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to West Haven Police Department and provided a cellular telephone number of (203) 550-3241 as his current contact number on file for Phillip Harris. 19. That Parole Officer Johnson further provided 33 112 Catherine Street in Norwalk, Connecticut as the current home address on file for Phillip Harris and further provided 440 South 9th Avenue, Mount Vernon, New York as a second possible address for Harris, as that is his wife, Yolanda Brown-Harris' current address. 20. That on Friday, May 13,2011, an Ex-Parte order for the subscriber information and all incoming/outgoing calls for the date of May 09, 2011 from T-Mobile wireless cellular telephone number (203) 550-3241, was reviewed and granted approval at Milford Superior Court. The Ex-Parte order was then subsequently faxed to United States Marshal James Masterson. 21. That on Monday, May 16,2011, United States Marshal Masterson emailed the requested subscriber information and call details, including cell sites, to Detective Sean Faughnan. Receipt of the requested records revealed that Yolanda Brown is the subscriber to cellular telephone number (203) 550-3241 and further, in addition to the calls between said number and that of cellular telephone number (203) 868-8307, there were three (3) calls between cellular telephone number (203) 550-3241 and (203) 747-9280 between 08: 15 AM and 8:18 AM. The shooter enters the store at 8: 19 AM. 22. That on Monday, May 16,2011, Detective Howard and Officer Fazzino drafted a search warrant for the GPS coordinates for cellular telephone number (203) 550-3241. The search warrant was reviewed and granted approval at Milford Superior Court. The search warrant was then subsequently faxed to United States Marshal Masterson so that he could attempt to determine the location ofthe cellular telephone associated with cellular telephone number (203) 550-3241.
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page Affidavit.)

r ARREST WARRANT
JD~CR-64b Rev. 4-08 C.G.S. § 54-2a Pr. Bk. Sec. 36-1, 36-2, 36-3

APPLICATION

STATE OF CONNECTICUT SUPERIOR COURT www.judctgov

COURT TO

NAME AND RESIDENCE

(Town) OF ACCUSED

BE HELD

AT (Town)

G.A. NO.

Marquis Pettway (0811011979) LKA 27 Stevens Street 1st floor, New Haven AFFIDAVIT - CONTINUED

Milford

22

23. That on Monday, May 16,2011, the Affiant conducted an Accurint inquiry of telephone number (203) 747-9280, which revealed an association between said telephone number and an individual by the name of Marquis Pettway. 24. That an in-house inquiry revealed that Marquis Pettway had been previously arrested by the West Haven Police Department in July of 1999 and subsequently convicted in a home invasion/robbery, for which he was incarcerated for approximately ten (10) years. Pettway is presently on probation regarding that incident. Pettway's height and weight are also similar to that of the shooter in the Post Road Deli robberylhomicide. 25. That on Tuesday, May 17,2011, GPS coordinate information revealed periodically throughout the day that when the phone had been activated, it was in the area of 440 South 9th Avenue, Mount Vernon, New York. 26. That on Tuesday, May 17,2011, Phillip Harris had failed to show.for a scheduled 10:00 AM appointment with Parole Officer Robert Johnson at the Bridgeport Parole Office, As a result of failing to attend the scheduled appointment, in addition to Harris' failing to notify Parole Officer Johnson of his change of address from Norwalk, Connecticut to Mount Vernon, New York, Parole Officer Johnson obtained a violation of parole warrant for Phillip Harris on same date. 27. That on Tuesday, May 18,2011, at approximately 1:00 PM, Marquis Pettway's Probation Officers, Hugh Bullock and Ellen Footit, responded to West Haven Police Department at 200 Saw Mill Road and met with Detective Tammy Murray of the West Haven Police Department's Forensic Services Division to review the Post Road Deli surveillance footage depicting the shooter. After reviewing the surveillance footage, which also contains audio, Probation Officers Hugh Bullock and Ellen Footit stated that the voice of the shooter sounds like Marquis Pettway and further, Pettway is known for always wearing the color red. Both stated that they have also observed Pettway wearing a black vest recently and the build of the shooter is similar to that of Pettway as welL 28. That on Wednesday, May 18,2011, at approximately 6:00 AM, members ofthe United States Marshal's Fugitive Task Force, members of the Connecticut Department of Corrections Parole Fugitive Task Force, Officers' Jay Masi, Officer William Conlan of the West Haven Police Department and the Affiant met at the Mount Vernon Police Department located at 2 Roosevelt Square, Mount Vernon, New York to assist the task force in apprehending Phillip Harris for violation of parole. 29. That on Wednesday, May 18,2011, at approximately 6:40 AM, Phillip Harris was located in the residence of 440 South 9th Avenue, Mount Vernon, New York, and taken into custody without incident for violation of parole.

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page Affidavit.)

~RREST WARRANT APPLICATION

JD-CR-64b Rev. 4-08 C.G.S. § 54-2a

Fr.

STATE OF CONNECTICUT SUPERIOR COURT

www.jud.ct.gov
COURT TO BE HELD AT (Town) GANO.

Bk. Sec. 36-1, 36-2. 36·3

NAME AND RESIDENCE

(Town) OF ACCUSED

Marquis Pettway (08/10/1979)

LKA 27 Stevens Street 1st floor, New Haven

Milford

22

AFFIDAVIT - CONTINUED

30. That Phillip Harris was then transported to the Bridgeport Parole Office, located at 1052 North Avenue, Bridgeport, Connecticut by members of the Connecticut Department of Corrections Parole Fugitive Task Force. 31. That on Wednesday, May 18,2011, at approximately 8:39 AM, Phillip Harris was advised of his rights by Detective David Howard of the West Haven Police Department Investigative Services Division and witnessed by the Affiant and Parole Officers Edgar Nunez and Robert Johnson, who were also present during the interview. Harris read the rights waiver form, which he indicated he understood. Harris then initialed and signed the rights waiver form and voluntarily agreed to speak with Detectives. Harris provided a digital, audio taped statement in which he detailed what had transpired on May 9, 2011 at the Post Road Deli. 32. That Harris stated, in substance, that Marquis, who Harris refers to as Quis' and whom he has known since they were little, knows that Quis resides on Stevens Street, New Haven. Harris stated that he had been at Quis' residence on Stevens Street in New Haven Sunday night (May 08, 2011) into Monday morning (May 09, 2011) when a plan had been devised by Quis to rob the Post Road Deli. Harris stated that on Monday morning (May 09, 2011), he and Quis left the Stevens Street address and Quis had a North Face back pack and shotgun in his possession. The shotgun was placed in the back seat area of his (Harris) vehicle, that being a gold Hyundai Sonata. Harris stated he was the driver and Quis occupied the front passenger seat. From Stevens Street, he and Quis proceeded to Main Street in West Haven to pick up "B.K.", the male depicted in the surveillance photo that police released to the media who was subsequently identified as Bobby Kinnebrew. Harris stated he supplies B.K. with crack cocaine and B.K. had an outstanding drug debt with him that had yet to be paid. Once B.K. was picked up, Harris stated he drove to a Dunkin Donut's, which he described to be in the area of the Post Road Deli . Harris stated that he then dropped off Quis and B.K. on a street located behind the Post Road Deli. Harris stated that prior to the drop off, Quis and B.K. devised a signal that B.K. would give to Quis to indicate that it was clear for Quis to enter the deli. Harris stated that Quis was positioned on the side of the deli by the gate. Harris stated that after he dropped off Quis and B.K., he parked on a street behind the deli and he received numerous calls from B.K. Harris stated that in one (1) call in particular, B.K. had indicated to him that the store was "clear", meaning no customers were inside. A short time after that call, he picked B.K. up around the corner and shortly thereafter, Quis ran back to his vehicle with the shotgun, got in and stated, " ... let's go, yo, son I had to shoot the nigger." Harris stated that he fled the area, dropped B.K. off on Main Street in West Haven and he and Quis returned to Stevens Street in New Haven. Harris further stated that Quis brought the shotgun back into the Stevens Street house. Harris stated that Quis took Newport cigarettes, stamps and money from the deli and he gave B.K. about forty (40) or fifty (50) dollars, some stamps and a couple packs of cigarettes. Harris stated Quis tried to give him (Harris) cigarettes but he didn't take them. He stated Quis did give him (Harris) two (2) to three (3) hundred dollars but Harris stated he gave the money back to Quis.

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page Affidavit.)
SIGNED (Affiant)

(~RREST WARRANT APPLICATION

JO-CR-64b Rev. 4-08

C.G.S. § 54-2a Pro Bk. Sec. 36-1. 36-2. 36-3

STATE OF CONNECTICUT SUPERIOR COURT

www.jud. ct. gov
COURT TO BE HELD AT (Town)

NAME AND RESIDENCE

(Town) OF ACCUSED

G.A. NO.

Marquis Pettway (08/10f1979)

LKA 27 Stevens Street 1st floor, New Haven

Milford

22

AFFIDAVIT ~CONTINUED

33. That a review of the video surveillance footage acquired from the Post Road Deli, as well as from other area businesses captured during the commission of this robbery/homicide, essentially corroborates Harris' account of the incident. The exterior video surveillance footage depicts Kinnebrew clearly acting as a "lookout" while Pettway is seen arriving and exiting from the east side alley, crouching down by the ice cooler as he waits for the go ahead signal from Kinnebrew. The interior footage depicts a male clad in a red hooded sweatshirt, black vest, dark pants, red and black sneakers, gloves, and having a white du-rag or other similar article of clothing covering his face entering the store with a backpack on his back and a shotgun in hand. The interaction between Altinawi and the shooter is not captured in camera view, however, the surveillance footage contains audio ofthe interaction in which the shooter repeatedly tells Altinawi to open the register. Altinawi is behind the deli portion of the counter and his right hand, which is on the counter, is the only portion of Altinawi that is in camera view. The shooter is on the customer side of the counter across from Altinawi and the barrel of the shotgun is in camera view. It appeared that Altinawi was not complying with the shooter's demand for him to open the register, as Altinawi does not move toward the cash registers, which are in camera view. After multiple demands to open the register, the shotgun is fired, for which the barrel is depicted in the footage. Captured on the audio is the shot being fired, followed by a loud thud, followed by what appears to be the sound of the shot gun being racked. The shooter is then depicted entering camera view behind the counter and makes several attempts to open the cash register, but is unsuccessful in doing so. The shooter is then observed taking packs of cigarettes off the rack and placing them into the backpack. The shooter is further observed taking an undetermined amount of cash and other miscellaneous items which were removed from underneath the front counter. 34. That on Wednesday May 18,2011, Marquis Pettway was apprehended without by members of the United States Marshalls Fugitive Task Force and assisted by the Parole Fugitive Task Force at the McDonald's located at 250 Whalley Avenue, New Haven, Connecticut, for outstanding PRAWN and Probation warrants. The affiant and Officer Fazzino transported Pettway to the West Haven Police Department where his warrants were later served. 35. That on Wednesday May 18,2011, Pettway was brought to the Detective Bureau interview room where he was advised of his rights at approximately 1822 hours. Pettway read the rights waiver form which he initialed and signed agreeing to speak with Detective Howard and the Affiant. Pettway provided a digital audio taped statement in which he denied having any involvement in the robbery/homicide. Pettway stated that his cellular phone is always in his possession and that he does not lend it out. Pettway later terminated the interview and he was then brought back down to detention area.

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~
Rev. 4~08

(~RREST WARRANT APPLICATION

JD~CR-64b C.G.S. § 54-2a Pro Bk. Sec. 36-1. 36~2, 36-3 .. j

STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov

COURT TO BE HELD AT (Town) G.A. NO.

NAME AND RESIDENCE

(Town) OF ACCUSED

Marq~is Pettway (08/10/1979)

LKA 27 Stevens Street 1st floor, New Haven AFFIDAVIT - CONTINUED

Milford

22

36. That a member of the victim's family reported approximately three thousand dollars ($3,000.00), postage stamps and an undetermined amount of loose cigarettes had been stolen from the Post Road Deli on May 9, 2011. 37. That based on the aforementioned facts and circumstances, the Affiant believes that probable cause does exist and therefore requests the issuance of an arrest warrant for the person of Marquis Pettway (08/1 0/1979) for Murder in violation of Connecticut General Statute 53a-54a, Felony Murder in violation of Connecticut General Statute 53a-54c, Robbery in the First Degree in violation of Connecticut General Statute 53a-134, Conspiracy to Commit Robbery in the First Degree in violation of Connecticut General Statute 53a-48/53a-134, Criminal Possession of a Firearm in violation of Connecticut General Statute 53a-217 and Larceny in the Third Degree violation of Connecticut General Statute 53a-124.

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