\ -, (CT rorcourrisromy ARREST WARRANT APPLICATION STATE OF CONNECTICUT Tyan S PRBRWES SEALED waoRath Rev. 1908 SUPERIOR COURT > cas.gseza www jd. state, clus * NE TE Prbk See 361,962,365 GUILFORD 200704 "AGENCY NAME 7 RSENEY NG. » GUILFORD ‘T9006000 TREE IND RESIGENCE [Tom] OF ROCURED COURT TOBE FELD AT (Town) —] GANS ‘Gary Terwilliger, 11/19/1963, 1725 Little Meadow Road, Guilford, CT. 06437 New Haven i 23 ‘APPLICATION FOR RRANT TO: A Judge of the Superior Court ‘The undersigned hereby applies for a warrant for the arrest of the above-named accused on the basis of the facts set ase AFFIDAVIT BELOW. B_AFFIDAVIT(S) ATTACHED DATE AND [ ORE SEED (Pa ACG) HET FRICT HATE OF FROSECUTS AUTOR SionaTuRE | AFFIDAVIT ‘The undersigned Affiant, being duly sworn, deposes and says: That the undersigned Affiant, Officer Alberto Magriz, being duly sworn does depose and state that he is a regular member of the Guilford Police Department and has over nine and a half years of police experience. That Officer Magriz is currently assigned to the Patrol Division. That Officer Magriz previously was assigned to Guilford’s Detective Unit for approximately seven years and during that time investigated sexual assault cases including the arrest and conviction of offenders. That Officer Magriz has received extensive training in the field of sexual assault investigation. That the affiant Magriz has read and understands Sexual Assault in the Fourth Degree, 53a-73a, and, Unlawful Restraint in the Second Degree, 53-96, of the Connecticut General Statues. The following facts and circumstances are stated from personal knowledge, observation, and investigation, as well as from information received from fellow law enforcement officers acting in their official capacity. j That on March 30, 2007 Officer Scott Gardner, who is assigned at the Guilford High School, as the i Schoo! Resource Officer, leamed from the school superintendent, Dr. Tom Forcella, that a student had been subjected to unwanted sexual contact by a track coach who is employed in the same school district/jurisdiction. The track coach was identified as Gary Terwilliger, date of birth 11/19/1963. This disclosure by the student was made the previous night to her counselor in a therapy session. The 18 year old female victims name and address will not be disclosed in this affidavit in order to comply with the requirements of 54-86 of the Connecticut General Statues. The female victim will hereinafter be referred to as Victim 1. ‘That on March 30, 2007 I, Officer Magriz, contacted the victims home and spoke to her father. He communicated to me that at this point in time victim 1 was unable to make any further disclosures BER P07 wT Abad Magtingy coe Ee pis ‘The foregoing Application for an arrest warrant, and affidavii(s) attached to said Application, having been submitted to and considered by the undersigned, the undersigned finds from said affidavits) that there is probable cause to belleve that an offense has been committed and that the accuséd committed it and, therefore, that probable cause exits for the issuance cof 2 warrant for the arrest of the above-named accused, ‘SHED AT (Carer Town ON DateT ] SED Se TRE FRI RENE [ides ge Ti RS |) ARREST WARRANT AFFIDAVIT ‘ae ai ie See oath ae STATE OF CONNECTICUT CONTRWUATION PAGE Fe ee weg SUPERIOR COURT : THE FAS RESTOENCE ony Oe PECLSED TEST TORENT a] SENS Gary Terwilliger, 11/19/1963, 1728 Little Meadow Road, Guilford, CT. 06437 "New Haven, 23 ‘AFFIDAVIT ‘The undersigned Affiant, being duly sworn, deposes and says: only wanting to speak to her therapist, Linda Conti 10/22/1946, | told the father that it was okay for now and that based on my training and experience with sexual assault victims her behavior was not unusual. That | followed up and stayed in contact with the family over the next several days. That on April 4, 2007 | spoke to victim 1’s therapist, Linda Conti, and requested she tell me about victim 1's disclosure. Conti stated that Gary Terwilliger from approximately the Fall of 2005 to Spring ‘of 2006 had touched victim 1 on her bare breasts and buttocks. Conti stated that victim 1 told her it occurred numerous times and usually occurred when victim 1 and Terwilliger would go on'runs alone. That on April 11, 2007 victim 1 provided a videotaped statement during which the interview was conducted by myself and Brendan Burke of the Department of Children and Families. Victim 1 during the statement stated that she has known Gary Terwilliger for most of her life since moving to the Town of Guilford, That Terwilliger through the school systems and individually coached her in the field of track, been a mentor to her, a person she would confide in, and that recently Terwilliger was her confirmation sponsor at church. Victim 1 stated that when she started high school was when she and Terwilliger started going out running together. Victim 1 stated that she and four other track runners were given special attention by Terwilliger and that he was very attached to the five girls, That shortly after victim 1 moved to Guilford she started having some family trouble which is when she started confiding in Terwilliger as he was a good listener to her. Victim 1 stated that at the beginning of her sophomore year in high school she and Terwilliger started going out running together alone. Victim 1 stated that it was on these runs where she found Terwilliger started being overly nice, touching and hugging her frequently. That it was also around this time that Coach James Ford, high school track coach, started bringing victim 1 to Terwilliger's house to continue training by swimming in his pool. Victim 1 stated that when she did something Coach Ford did not like he would send Terwilliger to talk to her and sometimes they would walk into the nearby woods alone. Victim 1 stated that with continuing family trouble, and school and sports pressure, she would talk to Terwilliger about her problems. That when they would stop to take breaks is when Terwilliger would inappropriately touch her. That during one of the first incidents last winter, victim 1 had fallen during their run. That Terwilliger helped her up and brushed the dirt and snow off of her breast and buttock area. Victim 1 described that Terwilliger did not do this in a way that a friend might have done it because he had touched her breast and buttocks very hard and in an uncomfortable fashion. qe cle eae pare wo | ™ 9 -79- Doe TR fe Zifiete Magtor, exe Same | STSTRBED FIO SRN TO REORETE OAT ch rr} surat wee Bie Spee Fan Oh eee Fae oT SIGNED Fr ion Dy | aye Referee) T5 “ INSTRUCTIONS: STATE OF CONNECTICUT ARREST WARRANT AFFIDAVIT: 77 jp iMSTRUCTIONS: i cei tobe complaed for sech 9890 ofthe ate eure So eat ‘The prosecutorial ofa and de / ude tal referee are to date SUPERIOR COURT eervTre fr Bees or ital eon page onde at ye Yvwed Prk Sor 22-1, 96.2,989 TYOSERELD AT fom) 437 New Haven 23 AFEDAVIT ‘The undersigned Affiant, being duly sworn, deposes and says: That | asked victim 1 if she was uncomfortable why she continued going with Terwilliger on runs and she stated that it was because he understood her and stated that at the time if she did not have Terwilliger to confide in she might have committed suicide. That after the initial incident in the winter, a lot of their runs tured into taking random walks and that Terwilliger touched her inappropriately under her clothing.on her bare breasts area and under her pants on her bare buttocks. That this occurred approximately twenty times and always consisted of touching with no type of penetration ever taking place. Victim 1 stated that last winter, during the high school basketball season at one of the games, Terwilliger asked victim 1 if she wanted to go out for ice cream. That they got into his car, described as a red pickup truck, and they proceeded to go to the ice cream parlor. Victim 1 stated that when they arrived, Terwilliger saw his wife so he drove to an area near the Town Docks, eventually going to an unknown dark, secluded area. Victim 1 stated that the doors were locked and she started feeling uncomfortable and scared. Victim 1 stated that Terwilliger started telling her that-ahe meant so much to him and that if he did to her what he wanted to do he would probably ge¥arrested. That Terwilliger told victim 1 he too was having problems at home with his wife and then asked ner for a hug. That Terwilliger hugged victim 1 so hard that she could not breathe and then he started rubbing her back. That Terwilliger had pinned himself up against victim 1 who was up against the locked door and proceeded to put his hand under her shirt but ieft it on her stomach. Victim 1 stated that on this incident in Terwilliger’s vehicle and during most incidents he never removed any of her clothing nor did he remove any of his clothing. That Terwilliger always initiated touching her and she would never touch him back. That Terwilliger frequently talked about not having sex with his wife but not wanting to get divorced either for fear of being alone. That he would make comments about their ages and that he wished they were not so far apart so things could be different. Victim 1 stated that Terwilliger haq/Kissed her numerous times on the mouth and neck but she never kissed him back or ever initiated a kiss. That Terwilliger would also make comments of a _ sexual nature such as there were other ways they could exercise and insinuated having sex without directly asking. Victim 1 stated that the high school coach, James Ford, was also known to make inappropriate comments such as telling certain girls that they had nice looking legs/thighs and once told victim 1 that she was only on the track team so they would have a pretty face to look at. That at the end of the interview, ! asked victim 1 if there was anything else she wanted to add and she replied yes, but that she did not want to talk about it right now. | asked her if there was more manson 3 oto Gy meats DATE AND | BATE G19 2009 SHES Tay Oe TARE Tihegp ae Fas} SIGNATURE ESE ORGS EET SORE surat ‘SGRED Prosscutanav or) INSTRUCTIONS: STATE OF CONNECTICUT ARREST WARRANT AFFIDAVIT 7 ais es erenon ee arin aU ConTiNuATiON Pace Pe lealle comets ash ait ogg «SUPERIOR COURT : biclmoerpept npr pepe Gas.gotze Bibi deo 964,282,363 iG COURT TOEERELD AT omy New Haven TooeES 1725 Little Meadow Road, Guilfor ‘AFFIDAVIT ‘The undersigned Affiant, being duly swom, deposes and says: Wane BRO AESDENCE Te Gary Terwilliger, 11/1 activity or events that occurred between her and Terwilliger and she indicated yes. That | know from my training and experience with sexual assault victims that they often do not make all their disclosures at once but in pieces as some events are more difficult to communicate than others. That on April 13, 2007 | conducted, gg{@@taped interview of conga: which took place in the Detective Unit conference room. Terwilliger was asked to come Fe station voluntarily which he did. He was told that he was not under arrest, that all the doors were unlocked and he could leave at any time, and he subsequently signed a voluntary interview form. ‘Temilliger stated that he has known victim 1 since she was a student athlete of his in seventh and ‘eighth grades. That he is employed by the Town of Guilford to coach Cross Country at the Adams and Baldwin Middle Schools. That he also coached victim 1's oldest sister and was currently coaching victim 1's younger sister. | asked Terwilliger to tell me about his relationship to victim 1. He stated that he was just her coach but got to know the family as he coached the other siblings. That when victim 1 started high school, he was contacted by Mike Regan, Guidance Counselor, and / asked him if he would talk to victim 1 because victim 1 had told Regan she only wanted to talk to Terilliger. Regan told Terwilliger that he got permission fram victim 1’s parents so he agreed to it. Terwilliger stated that victim 1 was always talking about how screwed up her family was because her older sister and brother both had drug issues and that she was having mental health issues including that victim 1 used to cut herself (and he pointed to his wrists). Terwilliger stated that he tried to help victim 1 because he was asked by Regan and her parents to help. Terwilliger stated that initially he, victim 1, and her older sister used to go out running together but that after that stopped he only went running alone with victim 1’maybe three times. Terwilliger was adamant that nothing inappropriate ever occurred on their runs alone and that he never put his hands on victim 1. When we spoke about the first incident in the winter when victim 1 fell down, he stated that she got up on her own and he never touched her. Terwilliger stated that other than winning a big track meet he never hugged victim 1 and when he did hug her he would hugged the ‘whole track team. When | asked Terwilliger why a kid like victim 1 would make these allegations up he stated that he did not know, that maybe she had a crush on him. | asked Terwilliger if he had ever been alone with victim 1 in his car and he brought up the incident after the basketball game when they went for ice cream at Ashley's Ice Cream. He claimed that his family was inside of Ashley's and that they went inside and had ice cream but after having ice cream he told his wife victim 1 wanted to talk so they went somewhere, parked, and talked. Terwilliger denied touching victim 1 or any of the events occurring that victim 1 reported. inopne 1 on 6 prant) Suae [9-14-2067 sg 7 SUESCHEED ANS SWORN TO SEFOREWE ON ERAT] SCRED OR 7Pmy weat_| 7 derat guise Tone SERED toe I Te Paes) OnE "SNED Presresora Oey 7 J} ARREST WARRANT AFFIDAVIT ato be comolated french page of aoe. belladetifirorikieetioeL ONTINUATION PAGE Tho psec oon hee ese es reo dle SUPERIOR COURT : ts load cele ath rap 8 des et Neve td 2.383 i CORT SREB NT TT 1/19/1963, 1725 Little Meadow Road, Guilford, CT. 06437 New Haven AFFIDAVIT The undersigned Affiant, being duly swom, deposes and says: Terwilliger discussed agreeing to be victim 1's confirmation sponsor at church even though he was not Catholic. That the day of the confirmation, Terwilliger stated that his son had a karate tournament in Greenwich which he missed. | told Terwilliger that | found it odd he would miss and important event of his son's to attend victim 1's confirmation, if thelr relationship in fact were so minor or insignificant. Terwiliger stated that he would do the same again because he was trying to help victim 1. That | also told Terwilliger. /found it odd the attention Coach Ford and he were giving victim 1 with her swimming In his poo! efter normal team practice hours were over. Terwilliger stated that nothing inappropriate ever happened and that usually he and Coach Ford would go inside the house and eat or visit with his wife while victim 1 swam. Prior to the interview ending | informed Terwilliger to not have any contact with victim 1 which he understood. That on or about April 26, 2007 | briefed the State's Attomey’s Office regarding this case and was given a few points to follow up on including examination of victim 1 and Terwilliger's phone records. That on May 8, 2007 Burke from DCF and myself spoke to victim 1 to clarify a few items. Vietim 4 reiterated that they had gone running alone over twenty times and that approximately 12 to 20 times Terwilliger ended up touching her bare breasts and buttocks under her clothing. We asked victim 4 pow many times other than the ice cream incident did they drive around alone and she stated at least a dozen times, alone, at night. That they always went somewhere secluded and dark, where they would talk. That often Terwilliger would act like he was comforting her but then he would make his advances on her touching her breasts and/or buttocks. We asked victim 1 how frequently they spoke on the phone and she stated almost everyday usually by cell phone but sometimes on the telephone. That they would both call each other. ‘That victim 1 recalled one new incident that ootarred at the end of last winter or early spring during which they were running in the woods near thé Manastery. That she remembers this incident specifically because the routine hugging Terwilliger would do last longer than normal and he was touching her very aggressively. That he touched her under her clothes on the breasts and buttocks and that he was rubbing himself on her over her clothing, That this was the only time she remembers noticing Terwilliger having an erection, ao a a =ry Th TENT s ZI | ARREST WARRANT AFFIDAVIT 1 lMBTRUCTIONS! STATE OF CONNECTICUT SONTINUATION PAGE The pecan efi! ard age / ce ta rfre 7 odo SUPERIOR COURT ana Signed ar nal each page fo Inccate tht they have reviewed i CORTTSRENAD AT Tomy | GANG. .dow Road, Gullford, CT. 08437 NewHaven | 23 ‘AEFIDAVIT The undersigned Affiant, being duly swom, deposes and says: That on May 30, 2007 | reviewed the cell phone records provided for victim 1’s cellular phone. | found that almost all the contact between victim 1 and Terwilliger was initiated by victim 1 and a few calls incoming from Terwilliger’s cellular phone. | had completed and sent an ex parte order for Terwilliger’s phone records to Verizon on April 26, 2007 and they were not received until August 25, 2007. ‘That after the phone records for Terwilliger were received, Detective Sandra Brooks, started to review the phone records. Pat. Brooks identified that Terwilliger made 34 Outgoing calls to victim 1 and Terwilliger receiveq’55 jhcoming calls from victim 1 from September of 2005 until the time this complaint was initiated That at this point, due to the volume of phone records, the records were brought for analysis to NESPIN and this is pending. That since the complaint was made Gary Terwilliger obtained Jeremiah Donovan as his attorney. Mr. Donovan has sent frequent correspondence outlining persons who can testify to Terwilliger's “standing in the community and persons who were willing to say that victim 1 is mentally unstable and has a history of making false accusations. Mr. Donovan sent affidavits from Coach Ford, Terwilliger’s wife, and an assistant track coach. As of this time | did not interview these persons as | believe their information will be too biased in favor of Terwilliger because of his current legal situation. Based on my investigation, | do believe that probable cause exists for the issuance of an arrest warrant for Gary Terwilliger, a white male date of birth 11/19/1963, for the crimes of Sexual Assault in the Fourth Degree, 53a-73a, and, Unlawful Restraint in the Second Degree, 532-96, in violation of the Connecticut General Statues. An attest warrant is respectfully requested. crancan ou © penton paren PE O75 3097) "ap LEE Wiser. SIGNATURE "SUESCRIBED ARS SWORN TO BE-ORE WE OW Oa) SIGNED a) JuRAT G Je, 7, 7 TORE SNE tinge Degg a Patoroe! RE TSGNED [Peseeubar Oey