ARREST WARRANT APPU4~ATION J[)·CR~b
STATE OF CONNECTICUT SUPERIOR COURT
Rev. 10-04
wwwiud.state.ct.u.s
e.G.s. § 54·24 Pr. Bk. Sec. 36·1. 36·2. 36-3
I AGENCY NAME ..
I AGENCY NO.
~~~~~==__~~~~________.______~I~S~o~u~th~i~n~gt~o~n~r-__~__~'O~~.1~75 NAME AND RESIOENCE (fawn) OF AC( USED
MERCADO. Marcos, R~_ Jr. -
COURT TO BE HELD AT (Tow-n'--'--::-G-.A-:--NO
141 Hillhurst Ave., New Britain c~r
Bristol- - - - - ' - - 17
APPLICA.TION FOR ARREST WARRANT TO: A Judge of the Superior
(~ourt
The undersigned her~y appl es for a warrant for the arreaof the above-named accused on the baSIS of the facts set
forth in the: L2$1 AFTIDAVIT BELOW U AFFIDAVIT(S) ATIACHED
DATE ANO SIGNATURE
DATE
'I
13" Lt:.!1
/;;..
I TYPE~RINT NAME OF PROSECUTING}UTHORITY
__~~~~.~~~~~~____LI~'~~~G~O~~~~~oQOr~ ___
The undersigned Affiant, being duly sworn.
depo~;es
and says:
1. The affiant, Detect ve Jay Suski, being duly sworn, does depose and state that I am a member of the Southington Police Department and have bee·u a police officer for approximately sixteen (16) years prior to this date. At all time mentiolled herein, was ading as a member of said department. The following facts and circumstances are stated fr,)m personal knowledge and observations, as well as information received from other police officers acting in thdr official capacity, and from official police repons and statements made by prudent and credible witnesses. 2. That on 12126/07 SlOrtly after 1330 bours, Southington Police Officers were dispatched to 81 Academy Street, Southington, Conn,!Cticut on a welfare check. A Dawn Edwards had called the police department' to report that her co·worker, Thomas Szadkow3ki, had not reported to work. Ms. Edwards was concerned about her co·worker's failure to mive at work and drove to his known residence located at 81 Academy Street. On arrival at the residence, M: . Edwards found the main entrance door ajar and she called police.
3. On arrival, Southir.gton Officers Bruse and Bavaro entered 81 Academy Street and reported that they immediately smelled smoke or something that had recently been burned. Officers reported that they observed a blood like stain on the livi 19 room carpet as they entered the apartment. Inside the residence they observed the body of an obviously d~:eased white mah: in the kitchen area of the residence. The deceased body was subsequently positively id~tified as Thomas Szadkowski (DOB 04/25/1966). At this time the apartment wa.'l secured as a crime scene while a search and seizure warrant ",as applied for to conduct a thorough and systematic search for evidmce.
of iii
(ThiS is page
DATE AND ]~bATE SIGNATURE December
JURAT
'I
8
page Affidavit.)
. --
SIGNED (Afflant)
31, :~007
SUBSCRIBED AND ~ WORN TO BEFORE ME 01"
Detective Jay Suski
(oare,
SIGNED (a'WflSlCiii. ,
. Decernber31, ~~O~O~7________________~L;ie=u;t~~n~t~M~kh~s.l~e~IS~~~~e~y~~~~~~~__~__________
FINDING
The foregoing Application fo' an arrest warrant. "nd affidavit(s) attached to said Application, ha ng been submitted to and
considered by the undersigred, the undersigne<i finds from said affidavit(s) that there is proba e caus~ to believ~ that an
offense has been committee and that the accused committed it and, thaefOfe. that probable use eXits for the Issuance
of a warrant for the arrest of the above-named a~used. .._____.__._ _ _.--.....
SEiT~
TOO~
! -~;;J3it1 !S~ga!JU~rri8JR&~~1iI6 N3ZI~I~
NOlDNIRLilOS
I
ererea
PPJzrrr:;:r:
099£TZ909S
xvi
ZO:tT 800ZIZO/TO
--.---
ARREST WARRANT AFFID,WIT CONTINUATION PAGE JD-CR-64a Rev. 10-04 C.G.S. § 54-2a Pro Bk. Sec. 36-1 36·2 36·3
INSTRUCTIONS, The jurat;s to be completed fOf" each page of Ihe affidavit The prosecutorial official and judge .I judge trial referee are to dale and sigf1ed or hillal each page to indicate that they have reviewed it.
I
NAME AND RESIDENCE (Town) OF Ace USED
STATE OF CONNECTICUT SUPERIOR COURT
COURT TO BE HELD AT (Town)
Bristol
MERCADO, Marcos, R. , r. - 141 Hillhurst Ave., New Britain CT
GANO
17
AFFIDAVIT The undersigned Affiant. bein ~ duly sworn, deposes and says:
4. Lieutenant Mike S lanley and members of the Southington Police Detective Division arrived at the apartment and observed tbe deceased white male lying in a supinl~ position on the kitchen floor. The body appeared to have been burred. There was a residue ofa burnt substance covering the deceased's face. The right leg of the deceased male al;o had what appeared to be burnt clothing. The body of the deceased appeared to be covered in blue liquid laur dry detergent with pooling around the body, and a yellow laundry detergent bottle was next to the deceased. Ho immediate or obvious cause of death could be determined at the scene. 5. That during the on-::cene investigation Southington Police investigators canvassed the neighborhood for possible witnesses. Invest gators interviewed Gregory Hawks, the neighbor in the adjoining apartment at 83 Academy Street. He told investigators on the evening of 12124107 he noticed a gold, tan llr light gray 4-door newer type model vehicle j:arked on Academy Street across from 80 Academy Street. Hawks said he thought it was a strange place to park but didn't think anything further about the vehicle. Hawks stated when he woke up the morning of 12/26/07 ar·)und 8:00 AM and noticed a burning type odor. Hawks said he opened the window to get rid of the smell but didn't think anything more about it. The neighbors at 74 Academy Street, Lauren Dubois, Allan Dubois and Karen Dubois stated they saw a tan or light gray colored 4-door new type vehicle parked in front of their hOl:1e on 12/24/07 between 9 :00 pm and 1:00 am. Karen Dubois said she thought she heard car doors closing and people talking just before I :00 am. Theresa Saucier, the neighbor at 93 Academy Street, stated on 12/24/07 ~.he noticed a tan or gold colored car park.ed on Academy Street at the corner. She believed the car had 4-door; and was newer looking. 6. On 12/26/07 a seare h and seizUre wan'ant was drafted for the residence identified as 81 Academy Street. The warrant was signed l y the Honorable Judge Alexander and was executed on the same day with the assistance of the State Poli;e Western District Major Crime Squad. Assistance with processing the scene was also provided by members of the State Polic,;! Computer Crimes an,j Electronic Evidence Laboratory. During the course of the crime scene processing many items of evidentiary value were located and seized in connection with this investigation. These items induded electronic evidence which revealed that the victim was homosexual and involved in using his personal computer for online chatting and accessing gay male social A cursory review of the victim's networking websites for tile purpose of meeting other males for sex. computer showed that the victim had his face on two known gay male social networking sites called Manhunt.net and Adam4A< .am.com. 7. That on 12127/07, )etective Beshara, of the State Police Computer Crimes and Electronic Evidence Laboratory, while assisting in the processing of the crimes scene, secured a Gateway tower-style personal computer which was located, "powered on" in the apartment of th(! deceased. The computer was operational and there were several AmI :rican Online Instant Message windows (hereinafter referred to as "AIM") visible on the screen. Detective Besh u-a was able to identify that th~ screen name of the victim, Thomas Szadkowski, was (This Is page
DATE AND SIGNATURE
2
of a
8
page Affidavit.)
DATE
SIGNED (Afflent)
December31.~20~Offi7~~~¥MEOfno~____~DGte~reDctN~e~J~al:o'S~U~~~·~,#2~7~3~~~~~~~~~~____
JURAT / Judge Trial Referee 1
ZOO~
N3ZI~IJ
NOL3NIRLilOS
099£TZ9091/ XVd
zo:n
1/00ZI7.0/10
ARREST WARRANT AFFIDJlVIT CONTINUATION PAGE JD-CR-64a Ra, IO-Q4 CGS. § 54-2a Pr. Bk Sec. 36-1. 36-2. 36-3
INSTRucnONS; The jurat Is to be completed frx each page of th-3 affidavit. The prosecutori'ill offiCial and judge I judge trial mferee are to date and signed or Illitial each page to indicll!ttB thaI they have reviewed II.
NAME ANO RESIDENCE (Town) OF Ace JSEO
STATE OF CONNECTICUT SUPERIOR CO URT
COURT TO 8E HELD AT (Town)
MERCADO, Marcos, R. Jr. - 141 Hillhurst Ave., New Britain CT AFFIDAVIT
I
GA NO
Bristol
17 ------'--
The undersigned Affiant, beinu duly sworn, deposas and says:
identified as Shavetlheaddude. There Was an AIM screen name open in the name of MarcosMercadoJr. A review of the lengthy AIM conversation shows that screen name MarcosMercadoJr and the victim Shavedheaddude spoke in length about mee1ing at the victim's apartment for oral sex. Visible in the lengthy conversation, Shavedheadaude gave MarcosJlf.ercadoJr directions to his house located at 81 Academy Street in Southington where they would meet for oral sex. Detective Beshara reported that the screens show that the conversations between Shuvedheaddude and MarcosMercadoJr were between the hours of approximately 8:52pm to 9:45 pm. Also, a photo an,:f profile was observed on the open/active screen name of MarcosMecadoJr. The plioto depicted. a Hispanic male who appeared to be in his early 20's. As part of the process of securing the computer, Detectiv€: Beshara observed and photographed the active screens before closing them to document those screens as evidence. 8. On 12/27/07 a nante search of Mar';os Mercado was conducted through the Department of Motor Vehicle (DMV) files. An individual by the name of Marcos R. Me:rcado Jr. with the date of birth of 11125/86 currently possesses a suspended Connecticut Driver's license (CT license # 238143215). The driver's license infonnation on Marcos R. Mercado Jr. shows his address at 141 Hilthurst Avenue, New Britain Connecticut. The driver's license blowb<.ck photograph mlS obtained through Drv1V. The driver's license picture of Marcos R. Mercado Jr, matched tile AOL internet profile picture of the user with screen name MarcosMercadoJr. Mercado also has two vel: ides registered ill his name, a 1998 Dodge Intrepid, 4-Door, color white, viN 2B3HD46R9WH230601, b:aring Connecticut Registration 359-UZV; and a 2007 Pontiac, Model 2ZG69 , color gray, VINIG2ZG58B3741 '11035, bearing Connecticut Registration 521-UTK. In both of these vehicles the registered address is 141 Hillhurst Avenue, N;:w Britain, Connecticul:. 9_ That on 12/28/07, tl e Temporary Administrator of the Estate of Thomas Szadkoski, Craig Fournier, was inside the victim's apartment at 81 Academy Street attempting to locate financial papers as well as inventorying items of value. During this process, Foumit:r discovered the empty box of an X-Box 360 video game which was recently purchased by he victim. Upon inventorying the items of value, Fournier was unable to locate the actual X-Box 360 video glme. Fournier co::ltacted Lieutenant Shanley and delivered this empty box to him, That upon Lieutenant Shanley viewing this box. several identifying numbers were located. The following day, Fournier came to the Southington Police Department and provided Lieutenant Shanley with a receipt for a GM X-Box 360. Printed on the receipt was the serial #000277563807. 10, On 12/30/07, Qffic;:rs Mark Beal and Jeff Lowery traveled 10 Brighton, Massachusetts and interviewed Tiffany Strano. the known ~rlfriend of Mercado. Strano stated she stayed overnight at Mercado's residence on Christmas. The following morning, she observed Mercado n:move a white colored X-Box 360 from underneath his bed_ There were wires attached and he was wrapping the wires around this X-Box that wasn't his. Mercado told Strano lIe was going to modify it for a person named Renee, but he couldn't modify it and (This is
page=:...:::~;;:;;.of~a:.....:=8=.
DATE AND
SIGNATURE
page Affidavit.) SIGNED (.!offloor)
Detective Jay Suski, #273
December 31 t 2007 SUBSCRIBED AND: ;WORN TO BEFORE ME ON (DBlel
JURAT
December 31, !:2~OO~7:-_ _....,..-:::-::=""'"_ _-+==r:~~~~==-\:=~~~IrU;;~-:--
SlGN~
-7-.p:,~~:....&--f==----:;::;-~
£OO~
_ _ _ _ _.J(.:}~~,..:,...::J;::::...::.):.('~...!.7C_L.("_I~-ge-,~..;jJudge~:=T=ria--l-Ret-.e-r-ee_l_ ___-¥_-..J:.....DtA_i:fJ.-"'TE~,::u..IAp/)!........<7L
NaZI~I~ NOJDNIH~nOS
099£'IZ9098 YVdCO: H
800ZlZ0/TO
ARREST WARRANT AFFID~ VIT CONTINUATION PAGE JO-CR-64a Rey 10-04
C G.S. § 54-2a Pro 13k. Sec. 36-'.36·2.36-3
INSTRUCTIONS: The jUfi'l/;S to bE' completed for each page of thn affidavit. The proS>iK:ufori<~1 official and judge I judge tria; referee are 10 date and Signed or Ir:ftial each page to indicate that they have reviewed il.
NAME ....ND RESIDENCE (Towll) OF ACCIISED
STATE OF CONNECTICUT SUPERIOR COURT
COURT TO BE HelD AT (Town)
GANG.
__ Bristol_ _ _- - L_17
MERCADO, Marcos, R. J". -141 Hillhurst Ave., New Britain CT AFFIDAVIT The undersigned Affiant. beinf: duly sworn. deposI3s and says:
that Renee was going to be nad. Mercado bmught the Renee's house.
X~Box
out of the room and said that he had to bring it to
That on 12/28/07, the Office of the Chief Medical Ex.aminer perfonned a postmortem examination on 11. the body of the deceased bcated at 81 Academy Street in Southington. Staff from the medical examiner's office obtained inked fingerprint impressions from the deceased which were provided to the State Police Bureau of Identification that positi'l, ely identified the deceased as Thomas Szadkowski (DOB 4/25/1966). The Medical Examiner identified the cause of death as "Gunshot Wound to Head" and the manner of death as "Homicide." It should be noted there was an entrance wound to the victim's left cheek. As part of the postmortem examination., the firearm projectile was recov(:red from the victimR head and seized as evidence, item # 32. 12. That on 12/28/07, tl: e projectile seized from the head of the victim was brought to the Forensic Science Laboratory for a preliminar:r examination by Forensic Science Examiner II Edward lachimowicz. Jachimowicz examined the projectile an!l stated that it was a .22 Caliber long rifle type ammunition round. Jachimowicz stated that the projectile wa:: in a condition fOl' which the fireann that fired it can be identified.
On 12/29/07, multil,le search and seizure warrants were obtained through New Britain Superior Court 13. and signed by The Honorable Judge Alexander, including the residence of Mercado which is located at 141 Hillhurst A venue, New Brit :tin, Connecticut. On 12/30/07, memoers of the New Britain Police Department's SWAT team made entry to this 14. residence and secured it for Southington Det·::cti yes to execute the ~:earch and seizure warrant at 141 Hillhurst Avenue, New Britain., COl necticut. Mercado was located in his bedroom. As they entered his bedroom, Mercado was observed real:hing for an AR-15 assault rifle, which was later identified as a Bushmaster .223 / 5.56 caliber assault style ri Ie. He was taken into custody and charged for Interfering with a Search Warrant C.O.8. 53-33d and Illegal Possession of an k:sault Weapon C.G.S. 53~202c. 15. The residence and~urtilage at 141 Hillhurst Avenue was secured as a crime scene and subsequently processed as a crime scene by the Connecticut State Police Major Crime Squad Western District. During the course of the search, nume'ous items of evidentiary value were seized, including several .22 caliber projectiles located in the fenced rear) ard of 141 Hillhurst A venue. That during interviews conducted by members of the Southington Police Detective Division., infotmation was obtained from Mercado's mother that her son would target practice in the backyard. 16. That on 12/30/07, State Police Maj,)r Crime Squad Serge:ant David Delvecchia took possession of evidence item # 32, the .2;, Caliber projectile recovered from the h,::ad of the victim at the Office of the Chief (This is page
4
of a
8
pege A.flidavir.)
----------------------,..~~~~7.---------~~. OATE AND I OATE
SIGNATURE t· December 31, 2007
---~-
JURAT
SUBSCRIBED AND! :-;"W""O""RN'"'""r;::o::-'s""'e""FO"'R""e"""'''''E'''O'i (Date)
December31,£20~O~7~____~~nr __~-l~~~~~~~~~~~~~~~~TC~~'--=DATt; SI 1..t.;2./,y)"'-')
too III
N3ZI~IO NO~NIR1fiOS
099C1Z9098 XVd CO:t1 800ZIZO/10
ARREST WARRANT AFFIDA"IT CONTINUATION PAGE JD-CR路64a Rev 10.{)4
C.GS. 搂 54-2a
Pro Bk Sec 36-1. 36路2. 36-3
INSTRUCTIONS: Tile jural is 10 be completed for each page of tile affidavit ThI'1 prosecutor/a' official and judge I judge /rialll3fell3e 8113 to date and signed or ini~ia/ each pagl'1 10 indicate tllat they have reviewed
STATE OF CONNECTICUT SUPERIOR COURT
it
I COURT TO BE HELD
NAME AND RESIDENCE (Town) OF ACCU ;ED
MERCADO, Marcos, R. Jr. -141 HiUhurst Ave., New Britain CT ----
__-Li
AFFIDAVIT
i\T (Town)
GA. NO
Bristo_1_~. _ _!_7_
The undersigned Affiant, being duly sworn, deposEls and says:
Medical Examiner during fr.e autopsy and evidence item # 58, one of the .22 Caliber projectiles located in the rear yard of 141 Hillhurst A {enue. Sergeant Delvecchia took possession of these items and transported them to the State Police Forensic Laboratory for an examination and comparison by Forensic Examiner II, Ed lachimowicz. Based upon this examination and comparison, evidence item # 32 was fired from the same gun a<; was evidence item #58. 17. After Mercado's arn~st during the execution of the search and seizure warrant at his residence, he was transported to New Britain Folice headquarter:; and escorted to an interview room within the Detective Division. Sergeant Spratto and this ,ffiant entered th(! interview room and advised Mercado of his Miranda Rights. Mercado was verbally read his Miranda Right from the Southington Police Miranda Rights Advisement form. Mercado then read this fon 1, stated he understood his Miranda Rights and waived them. He agreed to speak with police. Mercado wa:: interviewed as 10 his activities on the night of December 24, 2007. Mercado provided a signed sworn slatement that on the evening of 12/24/07, he was at his residence and was online chatting with a male (the 'rictim) in a gay <:hat room; that they made arrangements to meet at the victim's apartment where Mercado v'ould perform oral sex on the victim. Mercado stated he drove his silver Pontiac G6 to the victim's address in Smthington. Once inside the victim's residence, Mercado perfonned oral sex on the victim while on the couch n the living room. Mercado stated when they were finished he left the apartment. Mercado denied doing any harm to the victim. That based upon Sergeant Spratto's and this affiant's trainin.g and experience in conducti 19 interviews with suspects, there was a strong suspicion the victim was not being truthful with regard to the information he pmvided. At that time, Affiant Suski requested the assistance of the New Britain Police Department's Polygraph Unit to determine the v~!racity of Mercado's statements, that he did not have any involvement ill the death ofTho:maq Szadkowski.
18. During the interviev' with LT. James Wardwell of the New Britain Police Department, Mercado did give an admission to shooting the victim in Southington. Mercado begc:lD by recounting an incident from when he was approximately twelve years old and living in Florida Mercado stated that a man who his mother knew named Ray had sexually IT olested him. Mer';aclo indicated that this was a very traumatic event in his life, but was not clear as to how it e.{actly related to this incident. 19. Mercado stated he ;lid carry weapom; for "protection". Mercado stated that on the night he went to the victim's house in Southin~:ton he brought a knife and a gun. Mercado stated he carried the knife in his back pocket. Mercado stated he brought his gun i:<l the trunk of his car. Mercado explained that this gun was a long gun or rifle and indicated! his by holding up his hands approximating its size. Mercado stated this is the same gun that investigators sebed from his home earlier on this date. Mercado states that when he arrived in Southington he left the gu[ in his car. (ThIS
IS
page
01 a
8
.::=::.~-==== DATE AND I DATE
SIGNATlJRE
page Affidavit.)
I
December 31 2007 SUBSCRIBEO AND ;WORN TO BEFORE ME ON (Date)
JURAT
SOO~
! December
31 2007
SIGNEO(Afl'iantt ~-~
I Detective Jay Suski, #273
t
SIGNED (~~~~m_~~~~~b,;
lieutenant Michael Shanley
NaZIXI~ NO~NIHJnOS
099拢IG9098
Iva
~O:~I
800ZIZO/IO
ARREST WARRANT AFFIDJ,VIT CONTINUATION PAGE JD·CR-&4a Rev. 10-04
eG.s. § 54-2a
Pr.
Sk Sec. 36·, 36-2.36·3
INSTRUCTIONS: The jurat.s 10 be completed for €tach page of the affidavit. The proseculori,1 official and jtJdge 1 judge triol referee are to date and signed or initial each page to indi=te thai they have reviewed
it
NAME AND RESIDENCE (Town) OF ACC JSeD
MERCADO, Marcos, R. Jr. -141 Hillhurst Ave., New Britain CT AFFIDAVIT
---
STATE OF CONNECTICUT SUPERIOR COURT
I COURT rOSE HELD AT (Town) . Bristol
GANO.
17
The undersigned Affiant. beinH duly sworn, depos?s and says:
20. Mercado stated the 'ictim did meet him outside and showed him where to park acros:-: the street from the victim's home, Mercado stated he then went inside the victim's horne. Mercado stated initially the victim was playing a video game, but then turned the conversation to one thaI was sexual in nature. Mercado stated the victim was telling him that he (Mercado) was either a homosexual or a bisexual. Mercado indicated that this upset him because he does .lot feel that he is ,~ither of these sexual orientations. Mercado explained that he was simply curious about performing oral sex on .mother male. Mercado stated that the victim played a homosexual pornography video for him Mercado stated that the video appeared to depict very young boys (fifteen years old) engaged in sexual acts. Mercado stated this was upsetting to him. Mercado states that he told the victim that he did not like this pomograpby and asked him to turn it off. Mercado stated the victim did not turn off the pornography, hut in~tead btgan to fast forward the video and played parts of the video that the victim thought were of interest Mercado ;tated the victim kept touching his leg and his shoulder. Mercado stated he did not like to be touched and kept :mshing the victirr's hands off of him. Mercado stated the victim kept telling him he was sorry, but then started t·) touch him again anyway. Mercado stared that he then told the victim that he would perfonn oral sex on him like he had promised. Mercado stated the victim then stood in front of him while he (Mercado) sat on the couch. M.ercado stated the victim pulled down his pants exposing his penis to Mercado. Mercado stated that he began to touch the victim's penis with his hand. Merca( 0 stated that the victim did eventually sit down and guided Mercado's head towards his (the victim's) penis. Me'Cado stated that he then put the victim's penis in his mouth. Mercado stated that the victim kept his hands on rv ercado's head pu:;hing him up and down on his perns. Mercad{) stated that during this entire experience, he 'elt sick and "wanted to puke". Mercado states that he kept performing the act anyway, until the victim eja ~ulated without wa.rning. 21.
Mercado stated that he then went upsturs in the victim's home to wash himself. Mercado stated that the victim's semen had gotten onto his hand and mouth. Mercado stat~d that when he came hack downstairs he stayed near the bottom of tlle stairs so he did not have to get too close to the victim. Mercado stated the victim began to try to make him feel better by telling him not to feel bad about not enjoying the sexual contact. Mercado stated that some 0 0 what the victim was telling him made s.ense to him. Mercado stated that the victim ultimately came over to hirr and put his hand on the victim's waist, Mercado stated that the victim told him that he did not want him (Merc~ do) to have "blue balls." Mercado stated the victim told him that men know how to please other men better tha 1 girls. Mercado !tated that the victim then began to rub Mercado's penis over his pants. 22.
23. Mercado stated that he was having conflicting thoughts while the victim was touching his penis over Mercado's pants. Mercado ::tated he felt that he could not say things that he wanted to say and that he could not do things that he wanted to do. Mercado stated that he was near the door and wanted to leave, but be could not {This is page
DATE AND SIGNATURE
900~
ala
8
page Affidavit.}
DATE
December 31. :W07
N3ZIiliI~
NOJDNIRLfiOS
099£T69098 XYd to:tT 8006/60/TO
ARREST WARRANT AFFIDWIT CONTINUATION PAGE JD·CR·64a Rev 1O-{)4 CG.S §54-2a
Pr. Bk. Sec, 36-', 36·2, 36·3
~NSTRucnONS: The jurat is to I>e completed for each page of t~e affidavit. The prolSecutodal official and judge I judge trial referee are 10 date and signed or n/liaf eilch Pi1ge to indlca/e thut they have reviewed It
NAME AND RESIDENCE (Town) Of AClUSED
i
MERCADO, Marcos, R. ,Ir. -141 Hillhurst Ave., New Britain CT
o
_.
.
STATE OF CONNECTICUT SUPERIOR COURT
COURT TO BE HELD AT fTown!
AFFIDAVIT
I
G.A. NO.
Bri~t~~_J_.!!.___
The undersigned Affiant. beifl 9 duly sworn, depm.es and says:
bring himself to leave. Me ~cado stated that he then "lied'" to the victim and told him that he was going outside for fresh air, but would be .ight back in, Mer,~do states that he then left and went to his car. Mercado states that everything is a "blur" to llim and he remembers only hearing a high pitched humming in his ears. Mercado states that he does not reca 1 what happened next, but he was thrust back into a more alert state when he heard a "thud." Mercado explained that the "thud" was the sound of the victim's body faIling to the floor. Mercado indicated with hand movements that he had shot the victim with some sort of long gun. (Mercado used both hands very briefly to brin!; up an imaginary weapon to demonstrate what he was holding when he heard the thud). 24. Mercado stated the victim was shot ill the face and he conbnually motioned to the area of the eye and cheek to indicate where the victim was shot. Mercado stated the victim had fallen back on his back and was laying face up in an area that was between the kitchen and living room. Mercado stated he dragged the victim's body into the kitchen. Mer ;ado states that he could not stand to look at the victim, so he ohtained some sort of cloth and placed it over the victim's face. Me:rcado states that he was panicking and looked around for anything that was available to him, iviercado stated that he found some soap and he began to spread it around the victim and clean the area just arm nd the victim. Mercado stated he poured soap out abundantly at this time aroood the victim. 25. Mercado stated that he took the victim's X-Box. Mercado seemed to suggest he took the X-Box to make it appear its theft was somehow related to the shooting, but this was never clarified. Mercado stated that he believes that he only shot the victim one time with a .22 caliber round. Mercado explained that he has a modified attachment for hi; Bushmaster Carbine, which will shoot <me round at a time_ Mercado stated that he was not sure if anyone hefrd the shot, so he stayed in the victim's apartment for approximately forty minutes and then he left 26. LT. Wardwell aske.l Mercado if he would like to provide a new written statement and he stated that he did. LT. Wardwell began to take a statement from Mercado in the polygraph exam room, atter completing over two pages of the statement Mercado asked LT. Wardwell if he would get mad at him ifhe at.;ked for an attorney. LT. Wardwell advised Mer c:ado that he would not be angered by this. Mercado then stated that he would like to speak with an attorney be10re continuing w..th the statement. The interview was immediately terminated and LT. Wardwell did not ask Hercado any furthl!f questions.
(This Is page
DATE AND SIGNATURE JURAT
7
of a
8
page Affidavit)
DATE
TOliEFCmMEC~miiite)--tSiGi~(M1;;;:'~~~~~iiiiii.~~tA~~~--.~
DecemberAND 31,~ WORN 200=-7 TO BEFORE ME ON (Date) SUBSCRIBED
Deoomber31,~20~O~7______-r~:~__~~~~~~I~~~~~__~~~~~~~~-+-
s~.~ (prOO$$~ecu~t~~I~. II?AfE ) ~ __________~k'~~~·Y6v/b:7
LOO~
N3ZI~I~ NO~NI~OS
099~lZ909g
YVd SO:tT SOOZIZO/IO
ARREST WARRANT AFFIDJ,VIT CONTINUATION PAGE JD-CR-64a Rev 10-04 C.GS. § 54-2a Pr Bk Sec. 36·1, 36-2. 36-3
INSTRUCTIONS; The Jural is to b,~ completed for each page of Ihe affidavit.
trI.',
The prosecutor;,/ official and judge I judge referee er& to dale and signea or initial each page 10 indicste thaI' they have revlewoo
STATE OF CONNECTICUT SUPERIOR COURT
It.
COURT TO BE HELD AT (iown)
NAME AND RESIDENCE (TownJ OF ACC JSED
Bristol
MERCADO, Marcos, R. Jr. -141 Hillhurst Ave., New Britain CT
GANO
17
AFfiDAVIT The undersigned Affiant, bein, 1 duly sworn, deposes and says:
27. Based upon all the facts and circumstances surrounding this investigation; based upon all the evidence seized in connection with :his investigation and based upon Mercado's admissions, this affiant has probable cause to believe the accusei, Marcos Mercado Jr. (date of birth: 11125/86) did commit the following violations of the Connecticut General Statutes within the Town of Southington on December 24, 2007: Murder, c.G.S 53a-54a; Felony Murder, e.G.s 53a-54c; Robbery in the First Degree, c.G.s 53a-134; Possession of AssauH Weapon, 53-202c; and We~pons in Vehicle, e.G.S 29-38. Therefof(:, it is requested an arrest warrant be issued.
8 at iii 8 page Affidavit) "'_"~_---,_~=_____ . ~_..._.___
,IThrs IS ~""e
_
I
._.
'I'
JURAT
I
. December 3' ,2007
____~;? 900121
: SIGNED(Afflant)
..::.C:::"",,'=:,,>,.--_
~(_. ___ ~
DetectiveJaySuski.#273
~, '11'/'.....-.·
'j::;(:'1'17
SUBSCRlaED AND .;WORN TO BEFORE ME CNN(C(Olaattee))-i:!sfl(lG~N.iEE:OoT.(.);j ...~.j;,;~;;;;;:ce;;~S;·'iii~~··;r;·iimr.1fJ.~\~~e:r:~-:-;;:---
SlGNED.\P7~
/
,_ ----
._ _,...-;:==-;-=..
DATE AND I DATE SIGNATURE December31,2007
0
lieutenant Michael Shanley : OHIO
.)
J Judge TrilIl Referoo,,-. ___ \
i1",0!/°..L~--'-_-r-"7HI"-:"'7~'--_' . . -----tf--....!.....-i~""-'-l~:...-..
N3ZI~IO NO~SNIH~10S
099Ct1:9099 XV.!! SO: H
flOOZlZO/l0