20 21 22 23 24 FILED 16 MAR 28 AM 11:48, KING COUNTY ‘SUPERIOR COURT CLERK FILED CASE NUMBER: 16-1-02306-8 SE SUPERIOR COURT OF WASHINGTON FOR KING COUNTY THE STATE OF WASHINGTON, Plaintiff, No. 16-1-02306-8 SEA CODY LEE MILLER, INFORMATION Defendant. 1, Daniel T. Satterberg, Prosecuting Attorney for King County in the name and by the authority of the State of Washington, do accuse CODY LEE MILLER of the following crimefs], which are of the same or similar character, and which are based on the same conduct or a series of acts connected together or constituting parts of a common scheme or plan: Assault In The Third Degree, Malicious Mischief In The First Degree, committed as follows: Count | Assault In The Third Degree That the defendant CODY LEE MILLER in King County, Washington, on or about March 22, 2016, did intentionally assault Elizabeth Kennedy, a law enforcement officer or other employee of a law enforcement ageney who was performing official duties at the time of the assault; Contrary to RCW 9A.36.031(1)(g), and against the peace and dignity of the State of Washington Count 2 Malicious Mischief In The First Degree That the defendant CODY LEE MILLER in King County, Washington, on or about March 22, 2016, did knowingly and maliciously cause physical damage in excess of $5,000, to a Giant Sequoia tree, the property of the City of Seattle and the Seattle Department of Transportation; Contrary to RCW 9A.48.070(1)(a), and against the peace and dignity of the State of Washington Daniel T. Satterberg, Prosecuting Auomey CRIMINAL DIVISION \WS4 King County Courthouse INFORMATION - 1 S16 Thin! Avenve Seale, WA 98105-2385 (26) 296.9000 FAX (206) 296.098520 21 22 23 24 INFORMATION - 2 DANIEL T. SATTERBERG Prosecuting Attorney By: _ Agee Stephen A. Herschkowitz, WSBA #40001 Senior Deputy Prosecuting Attorney Daniel T. Satterberg, Prosecuting Auomey CRIMINAL DIVISION \WSS4 King County Courthouse S16 Thin! Avenve Seale, WA 98105-2385 (26) 296.9000 FAX (206) 296.098520 21 22 23 24 CAUSE NO, 16-1-02306-8 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 Officer Erik Patrick Warner of the Seattle Police Department for case number 2016- 99711 Although the defendant has limited criminal history, pursuant to CrR 2.2, the State requests bail remain in the amount of $50,000.00 as was set at the defendant's first-appearance hearing. The State believes the defendant is a safety to the community risk as he spent more than 25 hours suspended more than 90 feet in the air throwing pine cones and a metal support at pedestrians, law enforcement officers and firefighters, striking three officers. The defendant's conduct resulted in a response by more than 70 Seattle Police Patrol Officers, Sergeants, Lieutenants, negotiators, crisis response teams along with at least four separate Seattle Fire Department engine companies and battalion command staff as well as SWAT teams from Bellevue PD and Seattle, This caused an incalculable waste of time and services and arguably the efficacy of local law-enforcement’s reaction time to other serious calls for service around the city Moreover, the defendant's actions also caused more than $7,000 worth of damage to a Giant Sequoia tree that was planted by the city more than 40 years ago. These types of trees are expected to live 200-300 years in an urban setting, Prosecuting Attorney Case Daniel T.Saterborg, Prosecuting Attorney i CRIMINAL DIVISION Summary.and Request for Bail WSS4 King County Courthouse and/or Conditions of Release - 1 S16 Thind Avenue Seat, WA 98101-2385 (206) 296.9000, FAX (206) 296.095520 21 22 23 24 Signed and dated by me this 28th day of March, 2016. Prosecuting Attomey Case Summary and Request for Bail and/or Conditions of Release - 2 _ Agee Stephen A. Herschkowitz, WSBA #40001 Senior Deputy Prosecuting Attomey Daniel T.Satterberg, Prosecuting Atomey CRIMINAL DIVISION WSS4 King County Courthouse S16 Third Avenue Seat, WA 98101-2385 (206) 296.9000, FAX (206) 296.0955Seattle Police Department Case Investigation Report That E. Warner #5918 is a Detective with the Seattle Police Department and has reviewed the investigation conducted in Seattle Police Department Case number 2016-99711. There is probable cause to believe that Cody L. Miller committed the crime of Malicious Mischief Ist Degree/RCW 9A.48.070 and Assault 3rd degree/RCW 9A.36.031(g) 3 counts within the City of Seattle, County of King, State of Washington. This belief is predicated on the following facts and circumstances, In 1971 the Seattle Department of Transportation planted a 20 foot tall Giant Sequoia (Sequoiadendron giganteum) tree at the intersection of 4" Av and Stewart St in downtown Seattle. Giant Sequoia trees are fast growing and long lived trees—In the wilderness some live as long at 2,000-3,200 years. In urban settings—like the one at 4" Av and Stewart St—Giant Sequoia’s are expected to live hundreds of years—perhaps 200-300 years. On 3-22-16 at approx. 11:00 AM Cody L. Miller climbed the Giant Sequoia at 4th Av and Stewart Street and threw an apple from the tree which hit Victis in the leg as she walked by. WitnessAiagaaiapeeg—ivas with lig and called out to Miller stop throwing things at people and called 911 3am saw Officers Willoughby, Lim and Yama and flagged them down, pointed out Miller to them, reported that he had assaulted her and requested that Miller be arrested for assault. Officers called for Miller to come down out of the tree. Miller was at the top of the tree (nearly 95 ft high) refused and stayed perched at the top of the tree. Over the next 25 hrs nearly 70 Seattle Police Patrol Officers, Sergeants, Lieutenants, negotiators and Crisis response teams along, with at least 4 separate Seattle Fire Department engine companies and battalion command staff as. well as SWAT teams from Seattle and Bellevue PD responded to this event. Sergeant J. Kim is a negotiator and was on-scene at approx. 1145 hrs. In a sworn statement Sgt Kim said the following: “Officer Schubeck (who was in full SPD uniform) and I donned a Seattle Fire Department (SFD) harness and were instructed to negotiate with the subject (Cody Miller) from the extended ladder of an SFD ladder truck. While we were getting ready to ascend the ladder, the subject (Cody Miller) threw items at us, which were determined to be hard pinecones from the Sequoia tree. I was struck numerous times with the cones on my body and on my helmet. It was clear that the subject was intentionally throwing the cones at officers and firefighters as well as at passing cars on 4" Avenue. Page 8 of 1 CR Rew 2Seattle Police Department Case Investigation Report ‘At 1341 hrs Miller threw a pinecone that hit Victim/Officer E. Kennedy #7725 in the ear. The pinecone hit Kennedy hard enough to break the skin and cause bleeding. At approx. 2100 irs Miller removed a large piece of metal, described as approx. 3 feet long, that had been placed in the tree by SDOT to help bear the weight of Christmas lights placed in the tree during the holiday season. At 2114 hrs Miller began yelling threats that he was going to throw the large piece of metal at firefighters on the ground below. Sergeant J. Kim relayed the threat to an SFD Battalion Chief who gave her firefighters an immediate order to clear the area. As Firefighters scrambled to move to a safe location, Miller threw the large piece of metal at the Firefighters. Sgt Kim wrote the following in a sworn statement: “At about 2114, Sergeant Waltz reported that Cody (Miller) was threatening to throw a metal ring down at firefighters. I went over to warn the firefighter of this as did Sergeant Bergstrom from SWAT. Just as an SED battalion chief was ordering the firefighters off of the platform at the base of the ladder, I saw part of the metal structure from the tree come crashing down and nearly strike one of the firefighters who seemed to have to dodge out of the way. Had the object struck the firefighter, I believe there was a high likelihood that it could have cause significant injury to hin” At on epoint during the 25 hour ordeal, Cody Miller was seen by numerous witnesses intentionally breaking off large limbs from the tree and using them as projectiles to throw at Police Officers and Fire Fighters. The damage to the tree was extensive. At @0830 hrs on 3-24-15 I spoke with Darren Morgan, An Arborist with SDOT Urban Forestry. Morgan said that determining the cost of the damage to a tree like this is done by using calculations based on Forest industry-standard appraisal methodology and based on using that methodology had determined that actual value of the loss due to the damage done to the tree by Miller: 34 inch diameter at breast height 95% species rating 100% condition rating 100% location rating Pre damage value $51,700.00 Less 15% condition loss $43,900.00 Total of damages $7800.00 Page 9 of 11 cir RevaSeattle Police Department Case Investigation Report Based on this I believe: 1. That Cody L. Miller intentionally threw hard projectiles—pine cones and tree branches that struck Sergeant J. Kim and Officer E. Schubeck who were standing near the top of a 90 foot tall SED ladder truck ladder while trying to negotiate with him and that there is probable cause to arrest and charge Cody L. Miller with Assault 3” Degree/RCW 9.36.03 1(g) x 2 counts 2. That Cody L. Miller intentionally threw hard projectiles—Pinecone that struck Officer E. Kennedy, who was wearing a full SPD Uniform, causing a cut to her skin on her ear and based on this there is probable cause to arrest and charge Cody L. Miller with Assault 3" Degree/RCW 9A.36.031 (g)x 1 count. 3. That Cody L. Miller intentionally and without permission broke branches off a Giant Sequoia tree that belongs to the City of Seattle/SDOT Urban Forestry division and that the cost of the loss due to the damage is $7,800.00 and based on this that there is probable cause to arrest and charge Cody L. Miller with Malicious Mischief 1* Degree/ RCW 9A.48.070. Under penalty of perjury under the laws of the State of Washington, I certify that the foregoing is true and correct to the best of my knowledge and belief. Signed and dated by me this 24th day of Mardh, 2016, at Seattle, Washingtor ST Page 10 of 1 CR Rowan