T

·1

ARREST WARRANT APPLICATION
Jl!,\~\1,64b' Rev. 3-11
e.G;S%54-Za Pro I3k.f3ec. 36~1. 36-2. 36-3
/\~"~

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

For Court Use Only

-----.,.~ .. -----------------------.----------------------------------------~------------Police Case number Agency name
1200004374
Shelton Police Department
Residence (Town) of accused Court to be held at (Town) Name (Last, First, Middle Inffial)

DYes

Supporting Affidavits sealed

D

No

O'Connell, Andrew
Race: White Sex: Male

Orange

Derby

Geographical Area number

5

D.O.B: 12/13/1993

Application

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

TO; A Judge of the Superior Court The undersigned set forth in the:

0

Affidavit Below.

D

Affidavit(s) Attached.

The undersigned

affiant, being duly sworn, deposes and says:

1. The undersigned,

Detective Benjamin Trabka, being duly sworn, does depose and state that he is a member The following facts and circumstances are stated

of the Shelton Police Department for approximately twenty three (23) years. At all times mentioned herein, the undersigned was acting as a member of said department. from personal knowledge and observations, as well as information received from other police officers acting in their official capacity, and from official police reports and statements made by prudent credible witnesses. 2. On 03-18-20t2 at approximately 0014 hours the Shelton Police Department received several 911 calls from

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persons reporting a male lying in the roadway between two parked cars on Coram Avenue near the intersection of Kneen Street. The callers reported the male was bleeding heavily from two areas on his head, the back of his head and his mouth areas. Upon Police and ambulance arrival they found a male, unconscious and unable to speak bleeding profusely from his head. Officers observed several teeth on the roadway away from the male. Police cordoned off the area and Echo Hose Ambulance (EMS) transported the male to Bridgeport Hospital Trauma Center. Patrol Officers did not locate any witnesses on scene who observed what had occurred to the male. However officers located a family who had arrived home shortly before the incident. About ten minutes prior the family parked

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their vehicle where the male was later found in front of. After getting into their apartment
That upon looking out the front

the wife and child heard some sort of commotion out front of their apartment.

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window the child saw three or four other males running away from the area of the family's car. The group of males were heard yelling "that's what you get!". That the family then saw a male lying on the ground in front of

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(This is page Date

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Jurat

Signed

Finding
The foregoin!J Application considered for an arrest warrant, and affidavit(s) the undersigned attached to said Application, having been submitted to and by the undersigned, finds from said affidavit(s) that there is probable cause to believe that it and, therefore, that probable cause exists for the

an offense has been committed and that the accused committed Date and Signature

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ARREST WARRANT APPLICATION
JD,;;'~'1..64a' Rev. 3-11 %54-2a

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

cc.s
PLBk.

Sec. 36c1, 36-2,36-3

CFS #: 1200004374
Name
(Last, First, Middle Initial)

Residence (Town)

of accused

Court to be held at

(Town)

O'Connell, Andrew Affidavit - Continued their vehicle.
Race: White

Orange Sex: Male

Derby
D.O.B: 12/13/1993

Geographical Area number

5

The father ran out to check on the male and found him bleeding and unable to speak. These officers responded to the

3. This affiant and Det. Federowicz were called in from off duty to investigate. Bridgeport Hospital where we met with Emergency Room staff.

It was determined that the male had no

identification on his person, The male had no money, amongst his items was a cell phone. Affiant Trabka went through the history and contact information on the phone. Under contacts was a listing "Me". This affiant then ran the number through Shelton Police records and learned the number was listed to 32 year old Jason Chevrier. Chevrier listed an address about two blocks from where this male was located. This affiant dealt with Just as this information was obtained, the male was brought back to the Hospital staff Chevrier in the past on one occasion.

ER from having tests done. The male was unconscious, intubated and had serious facial injuries.

believed that the male had only extensive head injuries and no other injuries on his body. ER staff believed the injuries to be consistent to an assault and not a traffic accident or fall. These officers viewed the male. The male was unconscious, intubated and had still had blood coming from his ears and mouth areas. ER staff stated the male had two brain bleeds and was in critical condition. These officers looked at the male. This affiant believed the male was in fact Jason Chevrier. 4. These officers took Chevrier's possessions as evidence and left the hospital. These officers responded to

the scene of the assault which was being maintained by Officer Lindberg.

These officers were shown two full six

teeth that were in the travel portion of the roadway. The teeth were near the front of a vehicle The teeth had no blood or roots attached, indicative of being quickly and violently extricated from the mouth. Approximately Approximately feet away from these teeth towards the rear of the vehicle was another whole tooth with blood and root attached. four feet from this was a large pool of blood on the ground near the curb line. Officer Lindberg There was a thin broom with handle in the roadway which witnesses stated was stated this was where the male's head was when found by police and EMS. These officers photographed the scene and collected evidence. not there ten minutes prior to the incident. There were no blood stains on the broom. No other items that could have been a weapon were located on scene, 5. These officers then traveled to Chevrier's address. Upon arrival these officers knocked on the door and The following was determined; That Chevrier has Chevrier told Reis

woke up 26 year old Jenna Reis. Reis described herself as Chevrier's girlfriend.

that Chevrier was not home. That Chevrier was last scene by Reis about 3;30 PM yesterday. an alcohol problem and came home from working at a family members' house this afternoon.
(ThiS is page Date

2

15

page Affidavit.)

ARREST WARRANT APPLICATION
JD-CR-64a' Rev. 3-11

STATE OF CONNECTICUT SUPERIOR COURT
W'NW.jud.ct.gov

'C.G.S %54-2a
Pro Bk. Sec. 36-1, 36-2, 36-3

CFS #: 1200004374
Name (Last, First, Middle Initial) Residen~ (Town) of accused Court to be held at (Town)

O'Connell, Andrew

Orange Race: White Sex: Male

Derby
D.O.B: 12/13/1993

Geographical Area number

5

Affidavit ~Continued

he wanted to drink. That he was going to a package store to buy alcohol. That Reis told Chevrier not to come back to the house. Reis stated that Chevrier becomes violent and abusive when he drinks. That she had Chevrier's house keys and ID at the house when Chevrier left. That she locked Chevrier out so she could see what his condition was when he came home. If he arrived home drunk he would not be allowed inside. These officers explained that we believed Chevrier was now at Bridgeport Hospital in critical condition due to an assault. Reis became appropriately upset and contacted Chevrier's family. Reis stated she was responding to Reis stated that she has no idea who Chevrier's friends are locally. Reis only knew that Chevrier the hospital.

hung out on Howe Avenue near Kneen Street with people who do drugs and alcohol. 6. These officers waited several hours until after 9:00 AM to canvass the area where Chevrier was found for witnesses. These officers interviewed several persons in the building where Chevrier was found. These officers interviewed the family who arrived home about ten minutes prior to Chevrier being found last night. The following was determined through interviews; that the family arrived home about midnite after visiting friends.

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That they parked their car on the street in front of their building. apartment.

No one was on the street and they went to their

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That as they got into the apartment the wife and 10 year old child heard some sort of commotion out

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front of their apartment on the street. That the child went to the window and saw three or four males, walking away from the front of their car. That the males yelled "that's what you get!" and were laughing and walking away. The child saw someone lying on the ground in front of the family's car. The child then watched the males walking down Kneen Street towards Howe Avenue. The father then went outside and found the male bloody and unable to speak. The father called 911. The child described the males who walked away as teens to 20's in age. The child could not say if the males were white, black or Hispanic. The child stated one male was wearing a black or dark hoodie and another was wearing a fitted cap. That there were three or four males who walked away towards Howe Avenue. 7. Based on recent calls in Chevrier'S cell phone history observed by these officers and Affiant Trabka's prior canvass of the Howe Avenue area from Route 8 towards Brewster Street. The That Chevrier is known by most people in the area either by That he was

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dealing with Chevrier, and the facta witness saw the suspects walking to Howe Avenue, these officers conducted a neighborhood following was determined from interviews with several witnesses; that Chevrier was in the Howe Avenuel Kneen Street area all afternoon and night yesterday. friendship, association or just known by face to frequent the area. That he was intoxicated most of the time he was there. That he spent time in several apartments and was drinking and became obnoxious.
(This is page
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(Date)

ARREST WARRANT APPLICATION
JD-CR-64<i' C.G$t$54-2a Rev. 3-11

STATE OF CONNECTICUT SUPERIOR COURT
www.jud.ctgov

Pro Bk. Sec, 36-1, 36-2, 36-3

CFS #: 1200004374
Name
(Last, First, Middle Initial)

Residence (Town)

of accused

Court to be held at

(Town)

O'Connell, Andrew

Orange
Race: White Sex: Male

Derby
D_O.B: 12/13/1993

Geographical Area number

5

Affidavit - Continued

told by several persons from different apartment to leave the area and go home, due to wanting to start fights or just bothering people. That several residents observed Chevrier get into an argument with "people from the corner block". The "corner block" is a large multi family apartment building located at 1871 189 Howe Avenue, located at the corner of Howe Avenue and Brewster Street. This building is known by these officers to have a heavy drug and violence related history with the Shelton Police Department. violations. 8. These officers conducted several more interviews of persons in the neighborhood. Several asked to remain That Chevrier was These officers are aware that several of the current and previous tenants have been arrested and convicted for assaults and weapons

anonymous, fearing physical retaliation.

All observed Chevrier at some point during the early night and late

night. That Chevrier was walking up and down the sidewalk from apartment to apartment.

obnoxious and drunk. That at one paint Chevrier got into an argument with a group of white males from the "corner block" That during the argument Chevrier picked up a 2X4 piece of wood about three feet long in the area of 199/201
l

Howe Avenue.

That he threatened the group from the corner block that he would get his

friends the "Latin Kings" to come with him and fight them. That he swung the 2X4 in the air towards the group,
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but did not hit anyone. That the group from the "corner block" went back to their building and came out with weapons, amongst which were a bat, chains and a pipe. That Chevrier dropped his 2X4 in the front yard of 1991 201 Howe Avenue and ran up Kneen Street towards Artans. That the group of four males were chasing him with their weapons. That they ran out of sight of the witnesses past Artans. That a couple of minutes later the group of 4 males came walking back laughing with their weapons. That Chevrier never came back, but the The 2X4 that Chevrier had in his hands

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residents saw the police and ambulance show up to where they lost sight of Chevrier and the group. All these persons were hesitant to identify the four males who chased Chevrier.

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prior to being chased was pointed out to these officers. This was seized as evidence.

The 2X4 was in a trash can. One witness stated he

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picked it up from the front yard of 199/201 after Chevrier dropped it to run away from the group chasing him.

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9_ However, these officers did locate two persons willing to identify at least a couple of these males who chased Chevrier with weapons. on Howe Avenue. These witnesses did so only after finding out the extent of injuries to Chevrier. These two persons stated that Chevrier was threatening, abusive and obnoxious to all he encountered that night That Chevrier was asked to leave and go home by several of the residents in the area

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because of his behavior, but he would not. However, both stated Chevrier did not deserve to be beaten to the
(This is page

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Date
(Date)

ARREST WARRANT APPLICATION
JD-CR-64a' Rev. 3-11

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

C.C.S %54-2a Pro Bk. Sec. 36-1, 36-2, 36-3

CFS #: 1200004374
Name (Last, First, Middle Initial) Residence (Town) of accused

Court to be held at

(Town)

O'Connell, Andrew Affidavit ~Continued
Race: White

Orange Sex: Male

Derby 0,0,8: 12/13/1993

Geographical Area number

5

condition he was, Both stated that one of the males who chased after Chevrier up Kneen Street was positively "Seenz", who live in the "corner block". These officers know Beenz to be the street name of 23 year old Daniel Zeleznik, Both described one of the males to be tall thin blond hair male with short hair as a second male who This affiant knows both O'Connell and Zeleznik to chased Chevrier. That this male lives in the area as well in the "corner block". Affiant Trabka believed this male to be Zeleznik's room mate 19 year old Michael O'Connell. have violent and assaultive criminal pasts, The two witnesses stated the other two males were not known to them at all. That both the other males were larger than Seenz and the tall thin white blond haired males, with both appearing to be more muscular and military type hair styles, One of these witnesses agreed to view photo arrays in the future to identify those who chased after Chevrier. 10, Based on the above, Affiant Trabka constructed two separate photo arrays, One photo array was of 8 The other was a photo array of 8 Det. Sgt. Ahern and this affiant

similar white males, amongst which was Daniel Zeleznik, DOB 10-11-1988. responded to the residence of the witnesses.

similar white males, amongst which was Michael O'Connell, DOB 05-30-9991.

Det. Sgt. Ahern read the witness the Witness Photo Array

Statement which they stated they understood. The witness was shown the first photo array. Without hesitation, the witness immediately identified the photo of Daniel Zeleznik as "Beenz", one of the persons who chased Jason Chevrier last night up Kneen Street. The witness was then shown the second photo array. The witness viewed the array and stated that Photo with "Beenz" during this incident. 11.

# 2 appeared to be the taller white male with short blond hair who was

Photo #2 is in fact Michael O'Connell. 1330 hours Det. Sgt. Ahern and this affiant responded to the Bridgeport Chevrier was still unconscious, was

On 03-18-2012 at approximately

Hospital to check on the condition of Jason Chevrier. At the hospital these officers learned that Chevrier is in the Surgical Intensive Care Unit. Chevrier is listed in Critical Condition. intubated, has Epidermal and Subdermal Hemotoma of the brain, and was currently still bleeding through his ears due to the bleeding of the brain. That he has a large laceration on the back of his head as well which was closed with 7 staples. Staff.reports that all but 3 or 4 of Chevrier's top teeth are missing. That he lost part of his It was learned that Chevrier had a full upper lip and had severe injuries below his mouth. That Chevrier will require plastic surgery reconstruction, These officers checked with family of Chevrier who was at the hospital. set of teeth prior to the assault. It is believed Chevrier swallowed all the rest of his missing teeth from the

assault. Based on these officers training and experience in the crime of assaults, these officers believe that a metal pipe or baseball bat was used to assault Chevrier's mouth area. A view of Chevrier's hands did not show
(This is page Date

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ARREST WARRANT APPLICATION
JD-CR-64<i" C.G.S %54·2a Pro Bk. Sec, 36-1, 36·2, 36-3 Rev. 3-11

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

CFS #: 1200004374
Name
(Last, First, Middle Initial) Residence (Town) of accused

Court to be held at

(Town)

O'Connell, Andrew

Orange
Race:
White Sex: Male 0,0,8:

Derby
12/13/1993

Geographical Area number

5

Affidavit - Continued

any signs of offensive wounds by him striking others, 12. A criminal records check of Daniel Zeleznik shows that he is a convicted felon with 6 arrests and convictions. Zeleznik has criminal convictions for amongst other things Robbery 3rd degree, Carrying a A criminal records check of Michael O'Connell shows that he is O'Connell has criminal convictions for amongst other things is currently on Adult Affiant Trabka and other That both Zeleznik Dangerous Weapon, Reckless Endangerment and Breach of Peace. Zeleznik is currently on Adult Probation for the charge of Carrying a Dangerous Weapon. a convicted felon with 6 arrests and convictions.

Assault 2nd degree, Carrying a Dangerous Weapon and Breach of Peace, O'Connell Probation for the charges of Assault 2nd degree and Carrying a Dangerous Weapon.

members of the Shelton Police Department are aware through previous investigations and arrests of the two that Zeleznik keeps a baseball bat just inside the front door of his apartment for "self protection". and O'ConneJlhave crimes. 13. On 03-19-2012 at approximately 1100 hours Affiant Trabka was advised that Chevrier was alert and conscious at Bridgeport Hospital. That he was recalling part of the assault. This affiant and Oet. Federowicz travelled to Bridgeport Hospital and interviewed Chevrier. Chevrier stated that he recalled he was down on Howe Avenue drinking two nights ago. That he got into an argument with a tall blond haired kid who lives in the second floor right side of the apartment house on the corner of Howe Avenue and Brewster. (187 Howe Avenue) That he has drank beers with this kid before with no problems. That he recalls he was drinking and his friend Josh had told him to leave, but he did not listen. That the blond kid then told him he had to leave the area. This was on the sidewalk area outside. That the blond kid was with several other people and were telling him to leave. That he was not ready to leave and began to argue with the group. That he remembers that 4 or 5 guys, including the blond kid began to chase him up Kneen Street. That they had a baseball bat, a stick, and small black gun that they were chasing him with. They all had some sort of weapon in their hands. That he recalls getting caught by this group by the pizza place (Artans). That he believed he was hit in the back of the head That the group were all kicking him in Chevrier stated he believed with the gun. That he got hit with the bat and was down on the ground. used baseball bats in the past for assaultive crimes and have been convicted of these

the head with there feet. The next thing he remembers is waking up in the hospital. recall which person had which weapon.

he could identify some of the people in the group that attacked him. Chevrier stated at this point he can not

(This is page
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Jurat

ARREST WARRANT APPLICATION
JD-CR-64il Rev. 3-11 e.G.S %54-2a Pro Bk. Sec. 36-1, 36-2, 36-3

STATE OF CONNECTICUT SUPERIOR COURT
WWVI/,jud,ct.gov

CFS #: 1200004374
Name (Last, First, Middle Initial) Residence (Town) of accused Court to be held at (Town) Geographical

O'Connell, Andrew Affidavit - Continued
Race: White

Orange
Sex: Male

Derby
0.0.8: 12113/1993

Area number

5

14, Det. Kunkel then responded to the hospital to show Chevrier photo arrays that this affiant had made. The photo arrays were made by Affiant Trabka separate of the ones shown to the prior witness. Amongst the photos in the first photo array shown to Chevrier was that of Michael O'Connell. Photo Array Statement which Chevrier stated he understood. who assaulted him. Photo #6 is that of Michael O'Connell, Det. Kunkel read Chevrier the Witness Chevrier was shown the photo array. Chevrier

looked at each photo. Chevrier then pointed to Photo #6 as the person he described as the tall thin blond male Chevrier signed and dated the photo array. Chevrier Arrangements will be made to take was then shown the second photo array. Chevrier looked at each photo. Chevrier then pointed to Photo #3 as one of the persons who assaulted him. Photo #3 is that of Daniel Zeleznik, a written statement from Chevrier in the near future. 15. Based on the above information, this affiant and Det. Federowicz applied for and were granted a Search and Seizure Warrant for the residence of Daniel Zeleznik and Michael O'Connell. Seizure warrant. On this date at approximately 0909 hours these officers and other members of the Shelton Police Department executed this Search and Upon entry into the house O'Connell was in the living room watching Zeleznik's one year old Both were asked if they knew why we were child. It was learned Zeleznik had walked to a corner store. Zeleznik arrived to the apartment several minutes later. Both were given a copy of Page 5 of the Search Warrant. there. Both stated they figured it was because the guy who got beat on St. Patrick's Day. Both stated that the

neighbors were telling them that the police were showing pictures of them (photo arrays). At this point both O'Connell and Zeleznik stated they wanted to talk. Both were separated. The search of the apartment was negative for any items related to the assault. No weapons were located.

16. Affiant Trabka and Det. Bango spoke to O'Connell first. O'Connell stated that he knew he was being blamed for assaulting the guy, but he was not even there that night (St. Patrick Day). That he was at a night club in New Haven from about 8:00 PM that night until 3:00 AM the next morning. midnite) (The assault was about O'Connell stated that he had alibis and provided three names. O'Connell stated he had these alibi's

phone numbers in his ph.one and could prove it O'Connell then added that he knew his father stopped by that night to see him, but he was not there. O"O'Connell stated that his dad was with his sister and they thought he was home, so they stopped. That his dad saw his (Michael's) brother Andrew out front and stopped, thinking it was him (Michael). 17. Michael stated that his brother Andrew slept over the house that night. Zeleznik stated he knew we would be coming, that he

These officers then interviewed Zeleznik separately. 7
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15

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(Date)

ARREST WARRANT APPLICATION
~D-CR-64a' Rev. 3-11 'C.GoS 1954-2a Pro Bk. Sec, 3Se 1, 36-2, 36-3

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

CFS #: 1200004374
Name
(Last. First. Middle Initialj

Residence (Town)

of accused

Court to be held at

(Town)

O'Connell, Andrew

Orange Race: White Sex: Male

Derby
D.O.B: 12/13/1993

Geographical Area number

5

Affidavit ~Continued

gets blamed for everything and that he knew some of the people who did the assault were probably at his apartment at some point in the night. Zeleznik stated he had nothing to do with the assault, that he knows who did, but he did not want to get hurt himself. That he was not going to tell on anyone. Zeleznik than stated that the guy who got assaulted had hit him (Zeleznik) with a 2X4 board in the jaw. Zeleznik pointed to his Jaw. There were no signs of injury to his jaw. Zeleznik went on that "people took it upon themselves to get the guy". These officers told Zeleznik that he was in line to be arrested I did not go, it was "JT" and some of his Zeleznik stated that when "JT" Zeleznik stated that "JT and his Zeleznik was evasive as to who the "people" were. Zeleznik was told that the victim picked him out as chasing him and being there when he was assaulted. unless he told the truth as to who assaulted the guy. Zeleznik stated"

boys. Zeleznik was asked who "JT is. Zeleznik stated "JT" is Jason Terry.

heard Zeleznik got hit by the guy, "JT" then asked where the guy went. Zeleznik said he told Terry the guy was going up the corner (Kneen Street) and Zeleznik pointed towards that direction. three bandits went up the street after the guy". That a few minutes later "JT" called Zeleznik's cell phone and said "I took care of it, you're all set", meaning they took care of the guy. That a little while later he heard the police and ambulance were up by Artan's. Zeleznik stated he never left his house. When asked who else was at his house Zeleznik stated "lots of people were stopping by, wishing me St. Patty's Day". Zeleznik stated he was not going to put anything in writing to these officers about "JT". Zeleznik was again asked who was there when "JT" and the others went after the guy. Zeleznik stated "Barney", who when asked stated was Steven Sekelsky. 18. Zeleznik was asked who stayed over his house that night. Zeleznik stated his girlfriend Kim, her sister her boyfriend Vic and Steffany and Kim's father Bill (William) Hill. Zeleznik was asked about Mike Zeleznik stated Andrew was there earlier in the day, but left about 5 or 6 PM that Zeleznik was asked who could alibi that he stayed at the apartment. Zeleznik

Steffanyand

O'Connell's brother Andrew.

night before anything happened.

stated no one, that all the others were asleep. 19. Det. Bango then interviewed William Hill who was the only other person on scene during the search warrant. Hill was asked if he was home on st. Patrick's Day. Hill stated he came home about 8:00 PM that night. That he recalls his daughter Kim and her boyfriend Vic were home, along with Mike O'Connell and Dan Zeleznik. Hill rendered a sworn statement to this. O'Connell and Zeleznik were confronted that Hill stated Mike O'Connell was home that day. Both stated Hill was wrong. Since both Zeleznik and O'Connell were using their cell phones as
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their alibis for the night of the assault, this officer seized both cell phones.
(This is page

This officer explained that their

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Date

ARREST WARRANT APPLICATION
" ,IO-CR-64a Rev.3-11 C.G.S %54-2a Pro Bk. Sec. 36-1, 36-2, 36-3

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

CFS #: 1200004374
Name (Last, First, Middle Initial)
Residence

(Town) of accused

Court to be held at

(Town)

O'Connell, Andrew

Orange Race: White Sex: Male

Derby
D.O.B: 12/13/1993

Geographical Area number

5

Affidavit - Continued

phones would have to be checked for their alibis, Zeleznik stated that his phone had no password protection and these officers could view it now. Zeleznik's phone only had viewable records from 03-19-2012 till present. The rest of the history was erased. This officer explained to Zeleznik and O'Connell that their phones would be held as evidence for the time being. Both verbally consented to having their phones searched as soon as possible so they could get them back quickly. This officer kept both phones as evidence. 20. Previously on 03-18-2012 Officer Nugent was on patrol in the downtown area. Officer Nugent had been made aware of the possible suspects by this affiant at that time. Officer Nugent reported to this affiant on that date, sometime between the hours of 1530 and 1600 hours he observed Jason Terry leaving Zeleznik's apartment building with a large black duffel bag. That upon making eye contact with Officer Nugent, Terry turned around and went back inside the apartment building with the duffel bag. This officer is aware that Jason Terry is a convicted felon and known to carry weapons in the past. This sighting does place Jason Terry at Zeleznik's apartment on the afternoon the day of the assault of Jason Chevrier. 21. Upon arrival back at Police HQ Det. Bango began to look at Michael O'Connell's cell phone. The cell phone was password protected. These officers then went back to the Zeleznik! O'Connell apartment. Both were there. O'Connell gave these officers his password, which was his social security number. O'Connell stated he wanted

to cooperate and clear his name, that he had nothing to do with the assault. These officers left. This officer then located one of the witnesses that O'Connell listed as an alibi for being in New Haven. This alibi did state that O'Connell was in fact in New Haven at a nightclub on St. Patrick's Day from about 8:30 PM until 1:00 AM the next morning. that alibi. 22. While Det. Bango was going through the contents of Michael O'Connell's phone, there were text messages between Michael and his brother Andrew. , his brother. In the messages that were dated 03-18-2012, Michael was upset at have an allaby so shut up" Michael responds to There Michael stated in text "Yo, I'm telling you right now if I go down for the bullshit you did all because
IOU

It was learned that the nightclub scans ID's of persons entering.

This affiant will follow up with

we look allke I will Fuckin kill you". Andrew responded back

Andrew "No the fuck I dont alii can say is I was at the club that's not getting me nowhere with no proof'.

are other text messages between Michael and his girlfriend where Michael tells the girl that he is getting blamed for what his brother did, that the police are showing people his (Michael) and Zeleznik's picture, and that the police don't have a picture of his brother and they look alike (Michael and Andrew).
(This is page Date

This affiant attempted to

9

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Jurat

(Date)

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••••

ARREST WARRANT APPLICATION
~D-CR-64a' Rev. 3-11

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

C.G.S %54-2a
Pr. Bk. Sec. 36-1, 36-2, 36-3

CFS #: 1200004374
Name (Last, First, Middle Initial)

Residence (Town)

of accused

Court to be held at

(Town)

O'Connell, Andrew

Orange Race: White Sex: Male

Derby
D.O.S: 12/13/1993

Geographical Area number

5

Affidavit - Continued

locate a photo of 18 year old Andrew O'ConnelL License and has no criminal history. 23. On 03-22-2012 at approximately

It was learned that Andrew does not possess an Operator's

1630 hours 18 year old Andrew O'Connell came voluntarily to Police HQ

with his mother. Andrew agreed to be interviewed with his mother present. Andrew was advised that he was at Police HQ voluntarily, that he did not have to answer any questions and he was free to leave at any time. Andrew stated he understood. These officers observed that Andrew resembles Michael in looks and build. It was determined that Andrew and Michael are half brothers, they Andrew was asked if he knew why he was here. Andrew stated he did, Andrew is just a little taller than Michael. share the same mother but not fathers.

that it was about the guy that was beat up. This officers asked Andrew what he knew about it. Andrew stated he only heard the guy got beat up, but he did not know anything else. Andrew was asked how he knew the guy. Andrew stated that he was staying at his brother Michael's and Zeleznik's apartment for the weekend. S1. Patrick's Day he was there just hanging around. That on That his brother Michael went to a club in New Haven for

the night and he (Andrew) was hanging around out front of Mike and Zeleznik's apartment building. That about midnite Mike' father Derek Gilbey drove by with their 17 year old sister in his car. That Mike's father pulled up in
.

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front of the house because he thought Andrew was Mike. That Mike was not there, so Mike's father talked to him (Andrew) and Zeleznik on the sidewalk. year old daughter to see the guy that way. 24. Andrew stated that the guy came up to Zeleznik and began to argue. Andrew stated he did not know what That as they were talking some guy came walking up the sidewalk from down the street. That the guy looked drunk and Mike's father drove off because he did not want his 17

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the guy was arguing about, but that "the guy started throwing up gang signs, Latin King". That the guy then walked away. Andrew was asked if the guy had any weapons, sticks! wooden poles, 2X4's. Andrew stated no. Andrew stated the only thing the guy had in his hand was a Bud Light beer. Andrew was asked if there was any physical contact between the guy and Zeleznik. Andrew stated there was not. Andrew was then confronted that Zeleznik claimed he.was struck by the guy with a 2X4. Andrew stated that there was no 2X4 and that Zeleznik,

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did not get hit or have any physical confrontation with the guy. That the guy just walked away. Andrew was asked again about what the argument was between Zeleznik and the guy. Andrew stated he really did not hear, that Zeleznik was on the sidewalk and he (Andrew) was sitting on the front porch. Andrew denied having any problem with the guy himself. Andrew was asked if anyone els was present. asked when the first time was that he heard the guy was assaulted.
{This is page
Date

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Andrew stated no. Andrew was

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Andrew stated the next day" a crack head

<

10

page Affidavit.)

(Date)

ARREST WARRANT APPLICATION
JD-CR-64a

Rev. 3-11

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

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

CFS #: 1200004374
Name
(Last, First, Mirfdfe Initial)

Residence (Town)

of accused

Court to be held at

(Town)

O'Connell, Andrew Affidavit - Continued
Race:

Orange
White Sex: Male

Derby
0.0.8: 12/1311993

Geographical Area number

5

named Josh" came up the street and said the guy was beat up". That after that Zeleznik heard the he (Zeleznik) was being blamed for the assault. Andrew was asked why Zeleznik was being blamed. Andrew stated he had no idea. Andrew was then asked to render a sworn statement as to what he said happened. Andrew asked if he had to give a written statement

It was again explained that he did not have to, that he was here voluntarily,

Andrew stated he did not want to give a written statement 25. While the interview was going on, Andrew's mother kept asking why Michael was being blamed for

assaulting the guy. These officers explained that based on the investigation to date, these officers believe Michael had nothing to do with the assault, but that Andrew did, Andrew again stated he did nothing, These officers explained that people had picked Michael's picture out as a person who was there, but now after seeing what Andrew looks like, these officers believe that the people picked Michael out because Andrew and Michael look alike. Andrew agreed he and Michael look alike. These officers then asked Andrew if he was willing to have his picture taken, Andrew stated he was willing. Andrew's photo was taken. Andrew was confronted again that we believed he was involved or present during the assault. Andrew stated he was not. These officers asked if Jason terry or Steve Sekelsky were there on that night. Andrew stated that Jason Terry was not there and Steve Sekelsky (AKA Barney) went home at 10:00 PM that night because of his curfew. These officers then asked Andrew if anyone was blaming him for beating the guy. Andrew stated no one was blaming him. These officers then confronted Andrew that there were texts between him and Michael, and Michael was blaming him for beating the guy. Andrew then changed his story and said that he knew his brother was blaming him, but that was because "the crack heads in the neighborhood were saying it was me". These officers explained to Andrew and his mother that we believed he was present and or involved in the beating of the guy. That Zeleznik was going to be arrested shortly and Zeleznik will tell the whole story. Andrew just stared, never answering. officers asked Andrew if he would be willing to be interviewed in the future, Andrew stated "maybe", interview ended, 26. On 03-23-2012 this affiant applied for and was granted an arrest warrant for Daniel Zeleznik on the charges On 03-24-2012 These The

of Assault 1st degree 53a-59 and Conspiracy to Commit Assault 1st degree, 53a-48/ 53a-59. warrant for Daniel Zeleznik.

this affiant along with Det. Fusco and Officer Serrano responded to the Zeleznik residence to serve the arrest Zeleznik was arrested without incident, got dressed, was handcuffed and Zeleznik was transported to Police HQ by Officer Serrano. At Police HQ, Zeleznik was brought to the Detective Bureau Interview Room by this affiant and Det. Fusco. Zeleznik was afforded a Cigarette at his request.
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11

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Date

··.·I·-AR:S~-:R=-:PPLICATION
JD-CR·64a' Rev. 3· 11 e.G.S %,54·2a Pro Bk. Sec. 36-1, 36-2, 36-3

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

CFS #: 1200004374
Name (Last, First, Middle Initial) Residence (Town) of accused

Court to be held at

(Town)

Geographical

O'Connell, Andrew

Orange Race: White Sex: Male

Derby
D.O.B: 12/13/1993

Area number

5

Affidavit - Continued and signed.

advised of his Miranda Rights via a Waiver of Rights Form by these officers which he read, stated he understood Zeleznik indicated he knew it was over. Zeleznik stated" I know you have the pieces of the puzzle, Zeleznik you just need me to put them together for you". Zeleznik stated that he was going to tell the truth, that he did not hit the guy with a weapon, but he probably could have diffused the situation better from the beginning. agreed to tell the truth about what happened. assault. The information provided by Zeleznik, including the map, appeared to be corroborated seized and observed throughout the investigation. corroboration. 27. Zeleznik stated amongst other things that on that day, St. Patrick's Day he was at his house. There were a Zeleznik was interviewed and a map was drawn of the area of the by the evidence The information appeared credible based on the

bunch of friends and family coming in and out all day. That it was a "good day, drinking, smoking and having a

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1

good time". About midnight or so Zeleznik was out front of his house with Andrew, who is Mike 0' Connell's younger brother. Andrew was over for the weekend. stopped by in his car with Andrew's and Mike's sister. it was Andrew. That they were just chilling and Mike's father Derek Derek stopped because he thought Mike was outside, but Zeleznik told him he is "not that guy" and to just leave.

As they were talking some guy, who Zeleznik met once before came up and started getting in his

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face, The guy kept saying "you're that guy" to Zeleznik, something.

Zeleznik believed the guy was high or drunk, The guy kept saying something about buying "Benzo's" or Zeleznik stated that he himself hates crack, heroin and pills, Zeleznik stated he just does pot. That and cause problems for his family to live there the people who do the other drugs had ruined his neighborhood

,
;

safely. Zeleznik stated that Derek even told the guy to leave. However, the guy kept getting in Zeleznik's face and began throwing up Latin King gang signs and saying "Amor Dereis", which Zeleznik stated means "King's Love" to Latin Kings. The guy then said something about getting 100 of his brothers to come and beat Zeleznik. Zeleznik told the guy "bring it on, I'll get my boys". The guy then said he was calling his boy "Snoop" to come get Zeleznik. Zeleznik saw the guy on the phone talking loud about getting "Snoop", who Zeleznik knows is a crack head too. Zeleznik stated Derek drove away to bring his daughter home. The guy walked away down the street to other houses, .Zeleznik heard the guy bothering other neighbors by their houses. Zeleznik heard some of the neighbors yelling "Jay just go home". 28. Zeleznik stated the guy then came walking back up the street. Zeleznik saw the guy get into Andrews's Zeleznik stated Andrew was drinking all day and was

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face and Zeleznik saw they were going to get physical.

drunk. Andrew wanted to go after the guy. Zeleznik pulled him back by his collar. The guy had a 2X4 or
(This is page Date

12

ora

page Affidavit.)

(Date)

ARREST WARRANT APPLICATION
JD-CR-64il Rev. 3-11

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

t.G.S %54-2a
Pr. Bk. Sec. 36-1, 36-2, 36·3

CFS #: 1200004374
Name (Last, First, Middle Initial) Residence

(Town)

of accused

Court to be held at

(Town)

O'Connell, Andrew Affidavit - Continued
Race: White

Orange
Sex: Male

Derby
D.O.B: 12/13/1993

Geographical Area number

5

something

in his hand, about 2 to 3 feet long. He swung it and caught Zeleznik's jaw. The guy was just Zeleznik stated he then made the mistake of calling his boy "JT" to come up and cover his back. Zeleznik stated that "JT" must have been downtown or something

swinging the 2X4 wildly. Zeleznik was bleeding inside his mouth and Zeleznik "was pissed". Andrew started "bugging out". Zeleznik stated "JT" is Jay Terry, his friend.

because he showed up in record time. Andrew and "JT" began to chase after the guy. They went down Howe Avenue and then up past the big block before Route 8 on Kneen Street. (Howe Avenue and Kneen Street) Zeleznik stated he cut through the back yard of the big block. Zeleznik stated he caught up to the guy first, right by the corner across the street from the church. (Zeleznik drew a map with these officers) The guy had a mop or broom handle in his hands and he swung towards Zeleznik. The guy missed and Zeleznik then punched the guy That JT then maced in the jaw. Zeleznik cut his own hand from the punch. Zeleznik saw the guy was teetering.

the guy. Zeleznik went on that Andrew had picked up a metal pipe or tire iron from somewhere along the way. Andrew then hit the guy with it a couple of times. Zeleznik did not see where Andrew hit the guy but Zeleznik thought it was body shots. The guy was then on the ground. That "JT" then really began to kick the guy while he was on the ground. Zeleznik stated the kicks were big kicks to the face and head. Zeleznik realized at that point it was out of control. Zeleznik stated "JT" had come to his house in a car that had crept behind them while they followed the guy. That they all ran down to Howe, "JT" got into the car and Andrew and Zeleznik went home to Zeleznik's house and slept. 29. Zeleznik stated he did not know where Andrew got the pipe or tire iron from. Zeleznik thinks Andrew threw Zeleznik did not want the weapon at his house. Zeleznik figured the Zeleznik stated he had met this guy who was assaulted once before.

it in the woods somewhere afterwards. cops , would come looking at his house.
.

That the guy hangs around with the "crack heads" who live by his house. Zeleznik really never had a problem with this guy until that night. He just threatened Zeleznik and when he hit Zeleznik, Zeleznik stated he "just lost it". Zeleznik stated that he probably could have diffused the situation better from the beginning. statement was taken, Zeleznik was afforded several phone calls to attempt to post bond. 30. On 03-24-2012 at approximately 0955 hours this affiant and Det. Fusco responded to the residence of Roland stated Jason was home and got Jason. This affiant asked Jason if we could speak at Jason Terry asked if After the

Jason Terry located at 292 Howe Avenue, floor 2, unit 28. Upon knocking on the door Jason's father Roland Terry answered. Police HQ. Jason Terry did not ask why, just answered yes and came with these officers.

he would be given a ride home after talk. Terry was told yes. These officers engaged Terry in small talk to
(This is page

13

15

page Affidavit.)

Date
(Date)

Re

ARREST WARRANT APPLICATION
JD-CR-64a Rev. 3-11

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

e.G.S %54-2a
Pr. Bk. Sec. 36-1, 36-2, 36-3

CFS #: 1200004374
Name (Last, First, Middle lnitialj Residence (Town) of accused Court to be held at (Town)

O'Connell, Andrew Affidavit - Continued
Race: White

Orange Sex: Male

Derby
0.0.6: 12/13/1993

Geographical Area number

5

police HQ. Terry was brought to the Detective Bureau Interview Room. Terry was advised that he was here voluntarily, that he did not have to talk, that he was not under arrest and he could leave at any time. Terry stated he understood. Terry was asked if he knew why he was here. Terry responded"probably because of St. Patty's Day", Terry was told yes. Terry was then asked what he knew. Terry stated he knew nothing. Terry was asked again. Terry agaIn stated he knew nothing other than this affiant had arrested Dan Zeleznik earlier today. This affiant then told Terry that we knew he was present at the assault Terry stated he was not and knew nothing about the beating. Terry was again told these officers knew he was there. At this point Terry stated he did drive by the guy while he was on the ground, but that was it. Terry was asked to explain. Terry stated he was drinking at the Polish Club in downtown that night. That his sister Hailey Santilli called and needed a ride home. That he went to Derby and picked Hailey and her boyfriend Tom Sanchez up. That as he was driving Hailey and Sanchez to her house off Coram, he saw Spanish guys with a flashlight looking at a guy that was laying on the ground between cars. Terry stated he did not stop, he just drove his sister home. That he then came back towards downtown. flashlight". That he then saw "the first cop on the scene looking at the guy laying on the road with a When asked, Terry stated Dave Eldridge was the first on the scene and the only cop there. Terry

stated he then drove either to a store or to "Seenz's" house. Terry stated he wanted to smoke a blunt; but he can't remember if he went to Seenz's or the store first. That he did go to Seenz's and Seenz's told him that "somebody came up to the porch and things got twisted." Terry stated he did not ask any questions.

31_ Terry was asked when he first heard the guy was beat up. Terry stated the next day "a Spanish kid Josh" told him the guy got tuned up. That Josh described the guy who got beat up. Terry stated he knew of the guy. Terry was asked who was at "Seenz's" house the night of the guy getting beaten. Terry stated he spoke to Beenz and Mike 0' Connell's little brother. Terry stated that was all he knew. Terry then stated, so "Beenz's bond is $100,000.00, sounds fishy to me, low bond, must have talked." visit from someone aware Zeleznik was arrested. home, he made the comment, It must be noted these officers never told Terry that Zeleznik was arrested or what his bond was. It was obVIOUSthat Terry received a phone call or These officers were aware that Zeleznik spoke only to his girlfriend and Michael 0' Connell's about his bond. Terry was then driven home. As these officers drove Terry "looks like I'm going to have to kick Beenz's ass for snitchIng."

32_ Based on the interviews of Zeleznik and Terry, the following was determined to corroborate Zeleznik's version of the assault; that Chevrier's recent cell phone call history showed he was calling "Snoop" just prior to the assault, that a broom handle was found exactly where Zeleznik stated he first punched Chevrier who was
(This is page

14

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15

page Affidavit.)

ARREST WARRANT APPLICATION
JD,CR-641:1 Rev. 3-11

STATE OF CONNECTICUT SUPERIOR COURT
WIfM'.jud.ct.gov

't.G.S %54-2a
Pro Bk. Sec. 36-1, 36-2, 36-3

CFS #: 1200004374
Name . (Last, First. Middle Initial) Residence (Town) of accused Court to be held at (Town)

O'Connell, Andrew

Orange Race: White Sex: Male

Derby
D,O,B: 12/13/1993

Geographical Area number

5

Affidavit - Continued

holding the handle at the time, that witnesses stated Chevrier had been swinging a 2X4 at people earlier and had thrown the 2X4 on Howe Avenue prior to being chased, that witnesses saw people chasing Chevrier up the street and through the backyard of the "big block" on Kneen Stree as Zeleznik stated. That in interviewing Terry he first denies any knowledge fo the assault. After being asked several times, Terry then admits being in the area with a car and seeing the victim lying in the roadway when there were no police and only the passerbies looking at him. Terry also admits to being at Zeleznik's but only after the assault. That Zeleznik stated Terry arrived to the assault in a car which followed them to the assault. That Terry also makes the statement like I'm going to have to kick Seenz's ass for snitching." WHEREFORE... This affiant believe Probable Cause exists to arrest Andrew O'Connell on the charges of "looks

Assault 1st degree, 53a-59 and Conspiracy to Commit Assault 1st degree, 53a- 481 53a-59, in violation of the Connecticut General Statutes for this assault.

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page Affidavit.)

Date

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