10 un 12 13 ua 1s 16 a7 18 19 20 21 22 23 24 25 RAVALLI COUNTY ATTORNEY e Fl LED Bill Fulbright, County Attorney O > VY JUL -8 2019 Ravalli County Courthouse 205 Bedford Street, Suite C Ravalli County, MT Hamilton, Montana 59840-2853 Justice of the Pease (406) 375-6750 By. Attomeys for Plaintiff IN THE JUSTICE COURT OF RAVAI A COUNTY, STATE OF MONTANA BEFORE JENNIFER A. , JUSTICE OF THE PEACE STATE OF MONTANA, }) Cause No.: CR 2019-187 Plaintiff, 3 Dept. Noz(i2 } ms. EE , FELONY COMPLAINT JOSEPH JOHN MCNAMARA, 3 DP COND Slo Defendant } Hams Qhe— = DWe- Tt or Tos" State of Montana) ea a Ponck#Sv0, 000 County of Ravalli Chief Deputy Ravalli County Attomey Angela Wetzsteon, being first duly sworn, accuses JOSEPH JOHN MCNAMARA of the following crimes, committed in Ravalli County, Montana: CHARGE | — NEGLIGENT HOMICIDE, a Felony, in violation of §45-5-104, M.C.A.: On or about July 7, 2019, in Ravalli County, Montana, Defendant JOSEPH JOHN MCNAMARA negligently caused the death of Youth 1, a 9-year-old male, in violation of the above-referenced statute, CHARGE 2 ~ FAILURE TO REMAIN AT ACCIDENT WHEN PERSON INJURED, a Misdemeanor, in violation of § 61-7-103, M. On or about July 7, 2019, in Ravalli County, Montana, Defendant JOSEPH JOHN MCNAMARA knew or reasonably should have known that he had been in an accident with FELONY COMPLAINT MuP Sate Joseph John MeNamara Page lof?10 a 12 13 14 15 16 uw 18 19 20 21 22 23 24 another person and failed to remain at the scene of the accident, and failed to return to and remain at the scene of the accident until he fulfilled the requirements of 61-7-105, in violation of the above-referenced statute, DATED this {day of July, 2019 BILL FULBRIGHT, County Attorney paket felen Wetésteon, Chief Deputy SUBSCRIBED AND SWORN to me this 5 day of Jply, 2019. p 25 FELONY COMPLAINT ane ‘State v. Joseph Join MeNamara Page 2 of?FILED 2 | RAVALLI COUNTY ATTORNEY// > Bill Fulbright, County Attorney O Ir JUL ~8 2019 2 || Ravalli County Courthouse SY pravali County, MT 205 Bedford Street, Suite C Justice of the Peace 3 || Hamilton, Montana 59840-2853 (406) 375-6750 Attorneys for Plaintiff 6 IN THE JUSTICE COURT OF RAVALLI COUNTY, MONTANA A perore___JENNIFER A.RAY _ justice oF THE PEACE 8 || STATE OF MONTANA, ) Case No.: CR 2019-8] Dept. No.(1)/2 ) 9 Plaintiff, ) ) ) AFFIDAVIT FOR PROBABLE CAUSE ) ) ) ) 10 vs. 11 || JOSEPH JOHN MCNAMARA, a Defendant. 13 14 | STATE OF MONTANA) 188 15 |! County of Ravalli ) a Angela Wetzsteon, being first duly sworn, deposes and says: uy Tam the Chief Deputy County Attomey for Ravalli County, Montana. 18 Ihave reviewed an investigation conducted by the Montana Highway Patrol. It is upon this investigation that the State is now secking to charge Defendant JOSEPH JOHN 20 aq || MCNAMARA with felony Negligent Homicide and misdemeanor Leaving the Scene of an 3 || Accident Involving Another Person. 5 On July 7, 2019, at approximately 12:55 p.m, Ravalli County Dispatch received a report 24 |]ofa hit-and-run in which a 9-year-old child, Youth 1, had been struck by a tan passenger van on 25 || Golf Course Road in Hamilton, Ravalli County, Montana. The Ravalli County Sheriff's Office, AFFIDAVIT FOR PROBABLE CAUSE MP State v. Joseph John McNamara Page lof10 a 12 13 1s 16 uv 18 ig 20 2a 22 23 24 Montana Highway Patrol, U.S. Forest Service and Hamilton Police Department all contributed to| the investigation. ‘The crash occurred near the intersection of Golf Course Road and South Crest Road, According to several witnesses who saw the crash, Defendant's vehicle, a tan passenger van with] ‘a green front comer, was traveling eastbound on Golf Course Road at an extremely high rate of speed when it struck Youth 1 who was crossing the street on or walking a scooter. The posted speed limit on that area of road is 35 mph, Preliminary crash data indicates Defendant's vehicle ‘was traveling at speeds nearly double that speed. Witness Greg Bussiere reported that after hitting Youth 1 Defendant, the driver the of the van, exited his vehicle and approached Youth 1 Youth 1’s father immediately ran from their nearby home to render aid to his son. Youth 1’s father handed Defendant his cell phone and directed him to call 911. Instead, Defendant stated he needed to move his vehicle, kept the father’s phone, got in his van and drove away at a high rate of speed heading East. He never returned to the crash scene. Youth | died shortly after the crash. As Defendant was leaving the scene, Mr, Bussiere used his phone to take a photograph o' Defendant and his vehicle. ‘The photograph shows a two-tone tan and brown van, with a green front quarter panel. The photograph included enough detail to confirm the Montana license plate as 132493J. Registration shows the van is a blue, 2000 Dodge Caravan, registered to Joseph McNamara, Defendant, of Hamilton, Montana, The registered VIN number is 2B4GP2530YR745953. Additionally, in the photograph Defendant is wearing a blue striped shirt, As Defendant was fleeing the scene, he was observed by another motorist, Shane 25 Ellinger, who was traveling westbound. Ellinger took note of Defendant's vehicle because of AFFIDAVIT FOR PROBABLE CAUSE MuP Sat v, Joseph Jobn MeNamars Page 2 of10 ul 12 a3 a4 15 16 u 18 19 20 a1 22 23 24 how fast it was traveling, When Ellinger then came upon the crash scene, he immediately believed Defendant had been involved and turned around to catch up to Defendant’s vehicle. Ellinger followed and located the same vehicle parked under some tres cover at 1465 Golf Course Road. Ellinger got out of his vehicle and spoke with a man, later identified as Defendant who reported to Ellinger that he had seen the driver that struck the boy and that the driver had been picked up and fled in a Monte Carlo. Shortly after that, Forest Service Officer Stephanie Zacha arrived at 1465 Golf Course Road. By the time Officer Zacha arrived, Defendant had fled on foot. Law enforcement located a beer can at the crash scene, Officer Zacha spoke with Andrea Golie, who she leamed is Defendant’s on-again, off again girlfriend and a resident at 1465 Golf Course Road. At first Golie told Officer Zacha that Defendant had not been involved in the crash but that he saw the driver get into a Monte Carlo and leave the scene, When Golie was informed that a child had died as a result of the crash, she quickly informed Officer Zacha that she had been with Defendant prior to the crash at the Rotary Park/Blodgett day use area. While there she reported Defendant consumed at least one beer. They then got into a fight and she left, headed back to her residence. When she arrived at her residence she was talking on the telephone and was stil in her car. She then observed Defendant arrive in his van. Golie reported that Defendant asked her for a ride and told her he had hit something. She refused to give him a ride and he then took off on foot behind the home. Officers found a van parked on the Golie property matching the description given by the on-scene witnesses and also identical to that depicted in the photograph taken by a witness at the scene. The van matches the description in the vehicle registration but for the fact that the van had been hand-painted tan and brown. There is a strip on the top of the van that appears to be the| 25 original blue paint, Officers also observed that the van had been pulled to the side of the AFFIDAVIT FOR PROBABLE CAUSE MnP ‘State v-Joseph John McNamara Page 30f4driveway and parked partially under tree cover. Inside the van officers could see a blue shirt that appeared to match the shirt Defendant was wearing in the photograph taken by Bussiere, ‘After a five and a half (5 ¥4) hour search, Defendant was apprehended at a home in Hamilton, Law enforcement spoke with two separate witnesses who had given Defendant a ride, They reported Defendant told them varying accounts of what had happened but that he generally reported being held at gunpoint while driving his vehicle and that he left the scene because he ‘was being threatened with a gun. After being arrested, Defendant continued to claim that he had been held at gunpoint in his vehicle. It should be noted that no witness from the scene reported another occupant in Defendant’s vehicle, nor did the photograph show anyone in the van. 10 n ‘After arrest, Montana Highway Patrol Trooper Adam Gane read Defendant the Montana 12 || Implied Consent Advisory and asked Defendant to submit a blood test for analysis. Defendant 13 |] refused and claimed he had “smoked something” after the crash. When Trooper Gane informed 14 |] Defendant that he intended to obtain a search warrant for Defendant’s blood, Defendant 15 |! responded, “after I hit that kid you have enough charges to lock me up for life.” ef DATED this & day of July, 2019. ” Bill Fulbright, County Attomey 10 rr Wedssteon, Chief Deputy 20 oe SUBSCRIBED AND SWORN to me this & day of July, 2019. 2 23 24 25 AFFIDAVIT FOR PROBABLE CAUSE He Stat v. Joseph John MeNamare Page 40f 4